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2017-1113 PEC
F 0PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF VAILNovember 13,2017, 1:00 PM Vail Town Council Chambers 75S. Frontage Road-Vail, Colorado, 81657 Call to Order Present: Brian Gillette, Pam Hopkins, Ludwig Kurz, Karen Perez, John Rediker, and Brian Stockmar Absent: John -Ryan Lockman Informational Update 2.1 Environmental Sustainability Plan Update Kristen Bertuglia, Environmental Sustainability Manager, introduced Jeff Hohensee, Vice President at Natural Capitalism Solutions, a consultant for the Town's Environmental Sustainability Strategic Plan (ESSP) update. Mr. Hohensee provided a PowerPoint presentation to the PEC regarding the update. The presentation began with a review of the existing goals established in the 2009 ESSP: sustainable economic and social development, public education and communication, transportation, waste diversion, energy efficiency, and ecosystem health. Hohensee described the next steps in the ESSP update process. Next steps include an implementation workshop, Town Council work sessions, PEC review and recommendation, finalize the update, and then begin implementation. Kurz & Rediker — Asked about the number of businesses involved in the Actively Green program and the level of training involved. Bertuglia responded that there are over 100 businesses involved, 51 of which are certified. She then outlined the training available to said businesses. Gillette — Asked for clarification on the progress made in regards to energy efficiency. Bertuglia referenced a chart depicting the Town's municipal carbon dioxide production. Gillette commented that ice melt systems need to be addressed, not just for new projects but upgrading the existing system. The PEC and Hohensee discussed the benefits of electric vehicles and renewable energy. Perez — Asked for clarification on how far into the future the ESSP will be updated. Bertuglia responded that the goal is to update the plan approximately every five (5) years. Rediker — Asked about the reduction in the use of pesticides in the Town. Bertuglia confirmed that there has been a reduction in the use of pesticides. Rediker asked if literature was sent to homeowners educating them on the use of pesticides or if there was an employee they can talk to about such matters. Bertuglia responded there has been information provided on the lovevail.org website, in direct mailers, brochures, monthly Lunch with the Locals events, and in an annual landscaping workshop where participants are eligible to become Gore Creek Leadership Partners. There is also a watershed education coordinator on staff that can answer questions and provide guidance. Kurz — Asked about considerations of climate change and the changing nature of the Environmental Protection Agency (EPA). Hohensee stated that one of the biggest short-term concerns is drilling on public lands. 3. Site Visits: 3.1 Site Visit to Solar Vail, 501 N. Frontage Road W., to observe existing conditions and prepare for review of the development plan, conditional use permit, and variance applications. (PEC17-0046, PEC17-0050, and PEC17- 0051) 4. Main Agenda 4.1 A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, concerning an update to the 1994 Comprehensive Open Lands Plan, and setting forth details in regard thereto. (PEC17-0049) Applicant: Town of Vail, represented by Kristen Bertuglia, Environmental Sustainability Manager Planner: Chris Neubecker Motion: Table to November 27, 2017 First: Perez Second: Kurz Vote: 6-0-0 Bertuglia introduced Tom Braun, Braun Associates, Inc., who provided a PowerPoint presentation on the update to the 1994 Comprehensive Open Lands Plan. While it is often regarded as an Open Space plan, the plan is more than that as it includes trails, vacant lands, etc. Braun summarized the objectives and areas of focus of the 1994 plan. The main areas of focus were environmentally sensitive lands, Town -owned lands / use of lands, and trails. The goals of the update include: confirmation of community goals and priorities, evaluate the action plan, provide better direction on trails, evaluate Town -owned lands, and management strategies. Braun outlined the approach and timeline of the update. The Town is nearing the end of the process as a draft plan has been provided for public comment. The PEC is required to make a recommendation to the Town Council, who will make a final vote on the plan update. Braun summarized the community input received throughout the planning process. Topics important to the public included: land acquisitions, protecting environmentally sensitive lands, trails, community facilities, and housing. Braun reviewed the major changes between the 1994 plan and the update in regards to environmentally sensitive lands, the use of Town -owned lands, trails, and the action plan. Rediker stated that there is a member of the public that would like to comment but is limited in their availability today. Rediker opened the meeting for public comment. Ann Olson — Expressed her concern about an environmentally sensitive piece of land that is also identified as a priority area for a new mountain bike trail. The area is used by peregrine falcons for nesting. She described the importance of peregrines to the environment and their sensitivity to human interference. She stated that there are alternative locations for the proposed trail. Gillette — Asked for clarification as to which proposed trail Ms. Olson was describing. Gregg Barrie, Senior Landscape Architect, noted that the referenced trail is labeled as #13 in the plan update. Mr. Barrie stated that any proposed trail would need to be reviewed for its impact on the environment and wildlife, such as peregrines. The plan is currently at such a high level that further investigation would be conducted if a decision were made to construct said trail. Braun continued his presentation by referring to a diagram that identified private undeveloped properties and environmentally sensitive areas within the Town. He identified specific properties of interest for the plan update. Braun reviewed the proposed implementation strategies for the environmentally sensitive lands and different protection strategies for Town - owned environmentally sensitive lands. Designated Open Space and conservation easements are two (2) such strategies. Braun referenced an image that depicted the 26 properties within the Town that could be zoned to Designated Open Space. There were four (4) areas that were deemed worthy of discussing if the Town should pursue conservation easements: Gore Creek Corridor, Katsos Ranch, Donovan Park Upper Branch, and two (2) parcels in Booth Falls. The plan does not make any recommendations for the potential Designated Open Space or conservation easement properties. Further studies are required prior to any decisions are made regarding said properties. Braun continued by discussing the identified public facilities and community use needs. There are 161 Town -owned lands that were reviewed for their ability to meet any of the public facility or community use needs. Of the 161 properties studied, there are eight (8) properties left that might accommodate such needs. The Middle Bench of Donovan Park is one such property. However, it was purchased with RETT funds that limit its potential uses. The team then analyzed 106 privately -owned properties for their ability to accommodate public facilities or community use needs. There were three (3) properties identified: Chamonix Road parcels, the site of the former Roost Lodge, and the CDOT/Bighorn parcel. Braun then discussed strategies and recommendations for the management of Town -owned lands. Rediker — Asked how many properties in the Town have conservation easements located on them. Braun responded that there are four (4) such properties. Rediker asked about the advantages for conservation easements versus the Town zoning a property as Designated Open Space. Braun stated that the difference is that conservation easements are permanent while Designated Open Space zoning could conceivably be changed over time as resident and/or Board priorities change. Stockmar — Stated he would like to understand more about the legal constraints that a land trust imposes on property. Braun responded that uses of the land are negotiable with the land trust. Rediker added that he understands private conservation easements tend to be more stringent because there is a considerable tax benefit for such easements. Rediker asked what the benefit to the Town is when the Town itself can limit the uses, and the Town does not get a tax benefit. Braun continued his presentation by discussing the trails component of the plan update. Braun stated that there has been a strong interest and passion in trails, but there have been divergent opinions. Small group meetings and a trails workshop was held in order to guide the trails portion of the plan update. The five (5) major themes in regards to trails were: safety, sustainability, accessibility, diversity, and connectivity. Braun summarized the vision statement established for trails in the Town. Referencing an image, Braun described the existing trails and those proposed as part of the plan update. Any new trails will require a thorough review of any impact on the environment and wildlife. Stockmar — Asked about what enforcement methods are in place for preserving "hiking only" trails. Braun responded that it is difficult to enforce such regulations. Braun then outlined the next steps and implementation process for establishing any new trails. Such steps include detailed studies and designs, community process, a two-step process with the United States Forest Service (USFS), and examining potential collaborations down valley. Braun concluded his presentation by reviewing the updated action plan that would be required to implement all of the recommendations made within the plan update. Stockmar — Stated that he views the meeting as an introduction with the need for additional meetings. He believes that an enforcement mechanism for "hiking only" trails is required. Barrie stated that this can be done primarily through trail design. He added that any trail on USFS property is considered a multi -use trail. Stockmar added that he would like to examine parking restrictions for trailheads, especially at Booth Creek. Braun stated that the Town coordinate with the USFS as how trailheads can be better managed. Outreach to trail users is another recommendation within the plan update. Rediker — Asked if there is anything within the updated action plan that addresses the previous comment regarding the protection of the peregrine nesting areas. Barrie pointed out language on page 28 of the plan update that states trail development is subject to the review of its impact on the environment and wildlife. Rediker opened the hearing for public comment Wolf Mueller — Asked about a parcel in the Glen Lyon subdivision and its relevance to the plan update. Braun identified the property as Item No. 2 on the map in the plan update. There are private covenants on the property that maintain the property as open space. Gillette asked why the property is not being considered for a conservation easement. Braun stated that it is a possibility, but does not currently me the criteria required for designation. Jim Daus, Eagle Valley Land Trust — Stated that the Land Trust is available to help provide information and facilitate any Town requests. He commented that the Designated Open Space zone district is a great tool that not many communities possess. Asked that a comment on page eight (8) of the plan update regarding fees for monitoring conservation easements be stricken. Added that there are ways for the Town to save money by utilizing conservation easements and would like to see that reflected in the plan update. Gillette asked for clarification as to how the Town can save money. Daus stated that the cost savings would be for private property owners. Paul Rondeau — Is concerned about the process. He stated that he has provided a four (4) page document, dated October 2, 2017 to the PEC, and wants to know if the document was presented to the PEC. Bertuglia stated she believes the document was provided at the prior meeting in which the plan update was discussed. Rondeau summarized the document's contents. Topics included an area near upper Matterhorn Circle, reasons why the middle bench of Donovan Park should be zoned Designated Open Space, and a process that would involve an Open Space Board of Trustees. Gillette indicated that the role of an Open Space Board of Trustees is included in the plan update document. Braun confirmed Gillette's statement. Their role is to focus on making recommendations for properties to be zoned Designated Open Space. Neubecker confirmed Mr. Rondeau's document was included with the October 9, 2017 PEC packet. Tom Vucich — Summarized the primary objective of the 1994 Comprehensive Open Lands Plan was to acquire and protect open space. He believes throughout the process the public has been vocal that this should still be the same goal. Jim Daus — Asked that recreation be included as a potential use for conservation easements. Hopkins — Stated that she would like another two (2) weeks to think about and review the plan update. Perez — Appreciates all of the citizen participation. She would also like time to further think about the plan update. Kurz — Agreed with Commissioners Perez and Hopkins that additional time for review of the plan update is necessary. Does not believe the 1994 plan is broken, but does need updating. He agrees with Tom Vucich that protecting open lands is still important, but the Town may also benefit from purchasing sites that might be available for development for facility and community needs. He believes trail development needs to be studied very closely to accommodate as many people as possible. Gillette — Supports the plan update. He believes that the plan update should address comments made in regards to additional information about conservation easements and land trusts. The differences between Designated Open Space and conservation easements need to be made clearer. He does not generally support the use of conservation easements on Town -owned lands. He would like to know how more public lands can be protected through the Designated Open Space district through a possible amendment to the Town Charter, if necessary. Stockmar — Concurs with the other Commissioners. He believes it is a complex issue that needs more time to be fully reviewed. Rediker — Agrees with the rest of the PEC. He thanked the citizens for their participation. He encouraged the PEC to provide a list of questions and concerns so that they can be addressed at the next meeting. George Ruther, Director of Community Development, stated that it would be best if the questions and concerns be brought forth at the next meeting. 4.2 A request for the review of a development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, for the construction of employee housing units (EHUs) with the following associated requests: (1) a request for the review of a conditional use permit, pursuant to Section 12-61- 3, Conditional Uses, in accordance with the provisions of Section 12, Chapter 16, Conditional Use Permits, to allow for business offices and professional offices, as further regulated by Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code; (2) a request for the review of multiple variances in accordance with the provisions of Section 12, Chapter 17, Variances: (a.) a variance from Section 12-61-8, Parking and Loading, Vail Town Code to allow parking in the front and side setbacks; (b.) a variance from Section 12-10-9, Loading Standards, Vail Town Code, to allow for a loading berth less than the required dimensions; (c) a variance from Section 12-21-10, Development Restricted, Vail Town Code, to allow for development on a slope greater than forty percent (40%); (d.) a variance from Section 14-5-1, Minimum Standards, Vail Town Code, to allow for greater than twenty five percent (25%) of the required parking spaces to be compact parking spaces; and (e.) variances from Section 14-6-7, Retaining Walls, Vail Town Code, to allow retaining walls with an exposed face height over six feet (6) tall and over three feet (3) tall within the front setback, located at 501 North Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (PEC17-0046, PEC17- 0050, PEC17-0051) Applicant: Sonnenalp Properties, represented by GPSL Architects, P.C. Planner: Chris Neubecker Motion (Development Plan, PEC17-046): Approve, with Conditions First: Kurz Second: Stockmar Vote: 5-1-0 (Gillette Opposed) Conditions: 1. Approval of this development plan is contingent upon the applicant obtaining Town of Vail approval of an associated Design Review Board application. 2. The Applicant shall obtain an access agreement from the Town of Vail, in a form acceptable to the Town Attorney, for any and all driveway improvements on, over or across Town owned Tract A, Middle Creek Subdivision. Such agreement shall be executed prior to issuance of a building permit. 3. Concurrent with the submission of a building permit application, the applicant shall submit a site specific geological investigation, in accordance with Section 12-21-13, Vail Town Code, for any proposed development within a mapped Rockfall Hazard Area. The applicant shall be responsible for any changes to the building permit plans required by the professional geologist or registered professional engineer who prepared the report. 4. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for the building, the applicant shall legally execute and record with the Eagle County Clerk and Recorder the Town of Vail Type VI employee housing unit covenant for all sixty-five (65) residential units within the building. 5. Prior to issuance of a building permit, the applicant shall exchange eleven (11) existing deed restrictions on the property to other locations in the Town, though the Employee Housing Unit Deed Restriction Exchange Program, Section 12-13-5 Vail Town Code. Motion (Conditional Use Permit, PEC17-0050): Approve, with Conditions First: Stockmar Second: Kurz Vote: 6-0-0 Conditions: 1. This Conditional Use Permit shall lapse and become void if a building permit is not obtained and diligently pursued toward completion or the approved use has not commenced within two (2) years from the date of approval. Any conditional use which is discontinued for a period of two (2) years, regardless of any intent to resume operation, shall not be resumed thereafter; any future use of the site or structures thereon shall conform to the provisions of Title 12, Vail Town Code. 2. Failure of the applicant to adhere to these conditions of approval may require review of this Conditional Use Permit, including a public hearing by the Planning & Environmental Commission, and may result in revocation of this permit. Motion (Variances, PEC17-0051): Approve First: Kurz Second: Stockmar Vote: 5-1-0 (Gillette Opposed) Neubecker began his presentation by summarizing the applicant's request. The proposal is for 65 employee housing units (EHUs) with a small office (requiring a Conditional Use Permit) used for managing on-site and off-site housing owned by the applicant. The Housing (H) District allows for a lot of flexibility in regards to development standards. There are five (5) variances associated with the proposed development plan. Neubecker stated that the PEC conducted a conceptual review of the project in April of 2017. Also, there was a previous approval for a similar but larger development on this site in 2008, but the project never moved forward. Neubecker clarified that within the proposed motion, the number of deed restriction units to be exchanged for off-site units should be changed from nine (9) to eleven (11), as there are eleven (11) EHUs currently on the property. Neubecker stated that multiple Town planning documents cite the need for employee housing within the community. In regards to the development plan, the PEC is asked to specifically review building height, GRFA, and lot area. Neubecker reviewed the development plan documents that would be incorporated into any approval. The applicant has received permission to proceed from the Town Council to use Town -owned property to the east for site access. The property is in proximity to Lionshead and multiple bus routes. The project has only 34 parking spaces where 113 are required, but the applicant has provided a parking management plan that addresses said shortage. Neubecker emphasized that there is specific review criteria for a development plan, conditional use permit, and variances. Staff recommends approval of the application. Perez — Asked for specifications as to the end use of the project. She believes the parking management plan only speaks to the occupancy of the building by Sonnenalp staff. Pratt stated that 16 units will first be offered to the public before Sonnenalp staff. Perez asked if parking will be available to the non-Sonnenalp staff. Pratt stated that leases will be offered first to those without vehicles. Pratt stated that the item is nearly identical to what was proposed in April of 2017. Stockmar — Stated that the west fagade has balconies that may represent an attractive nuisance due to their proximity to the sloping hillside. Pratt stated that final grading is unavailable at this time. Rediker — Asked Pratt to confirm that the parking management plan applies to all of the units, not just Sonnenalp employees. Pratt stated that the request could be made a condition of approval. Rediker asked how much further up the hillside development would occur beyond the location of the existing retaining walls. Pratt stated that it will extend approximately fifteen feet (15') beyond the current location. Rediker asked for the height of the retaining wall in the rear. Pratt stated that it is not certain because they do not have final grading information available. Rediker asked if the retaining wall will be visible from the North Frontage Road. Hopkins — Asked for clarification as to what will happen to the existing retaining walls. Kurz — Asked what will happen to the telecommunications equipment on top of the existing building. Pratt stated he is unsure at this time if the existing operator will seek to maintain a presence on the new building. Kurz asked for clarification as to the size of the proposed loading berth. Rediker asked if the plans accommodate for telecommunications equipment if the operators seek to stay at the project site. Pratt responded that they will be incorporated into the chimneys shown on the plan elevations. Rediker opened the hearing for public comment. There was no public comment. Stockmar — Pleased with the development plan, despite the number of variances requested. The requested variances will not negatively impact the area. He believes this is an appropriate project for the site. Gillette — Is concerned about the parking variance request and cannot support the project as is. Kurz — Believes the parking variance will not negatively impact the area because of the close proximity to Lionshead. He feels the community benefits (65 EHUs) outweighs the need for parking. Perez — Supports employee housing, but she has to look beyond the site. The PEC just approved a parking structure at Red Sandstone Elementary School because there is a lack of parking in the area. She is concerned about the requested parking variance, especially because there is an office use associated with the request. Hopkins — The goal of the Environmental Sustainability Strategic Plan (ESSP) is to reduce the amount of vehicles within the Town. This is the type of project that allows for people to not need a vehicle. She supports the project. Rediker — Asked where emergency vehicles will access the property and how they will maneuver on-site. Pratt stated that the Fire Department has reviewed the proposal and is comfortable they can maneuver the site. Rediker summarized all the approvals requested and stated he does have concerns regarding the lack of parking, but he does believe the location is well served by bus routes and is pedestrian -friendly. He believes the development plan, conditional use permit, and the variance meet their respective required review criteria. Perez — Asked if the applicant would dedicate one (1) parking space per each unit for non-Sonnenalp employees. Johannes Faessler, owner of the property, stated that he was unwilling to do so. He stated that he has already talked with people interested in renting the units and that only a few stated that they require parking spaces. Perez stated that there is nothing from preventing residents from waiving their parking space if it is not required. Faessler stated that the proposal at hand is the best that can be done in regards to the amount of parking provided. Hopkins stated that the intention of the proposal is for seasonal workers, not permanent families. Pratt added that the parking management plan specifies a property owned by Sonnenalp in East Vail that can be used for parking/vehicular storage. Pratt also stated that the First Chair project across from Solar Vail has more beds per parking space than what is proposed for Solar Vail. Gillette asked if there was a variance granted for their parking. Neubecker stated that the First Chair development received approval for the amount of parking spaces provided. Gillette stated that the reason the Town has a parking issue is because not enough parking has been built. Faessler stated that the Town's parking issues can be separated from the Town's affordable housing problem. Gillette — Asked Neubecker about a procedural issue for voting on the requested variances. Neubecker stated that if he wished to vote against the parking spaces, he would vote against the development plan, not any particular variance. 4.3 A request for the review of variance from Section 12-6D-6, Setbacks, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a variance to a side setback, located at 1200 Ptarmigan Road, Unit A / Lot 1, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. (PEC17-0047) Applicant: Eileen Hyatt, represented by RKD Architects, Inc. Planner: Matt Panfil Motion: Table to December 11, 2017 First: Kurz Second: Perez Vote: 6-0-0 4.4 A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to the following: (1) Section 12-2-2, Definitions of Words and Terms, Vail Town Code, to add a definition for Lodge, Mixed -Residential; (2) Section 12-7A-3, Conditional Uses, Vail Town Code to allow Lodge, Mixed - Residential as a conditional use within the Public Accommodation (PA) District; (3) Section 12-7J-3, Conditional Uses, Vail Town Code to allow Lodge, Mixed -Residential as a conditional use within the Public Accommodation -2 (PA -2) District; and (4) Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to add Item A-17, Lodge, Mixed - Residential, and setting forth details in regard thereto. (PEC17-0052) Applicant: Braun Associates, Inc. Planner: Matt Panfil Withdrawn. 4.5 A request for a final recommendation to the Vail Town Council on a major amendment to Special Development District No. 36, Four Seasons, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, for a conditional use permit for a Lodge, Mixed -Residential, pursuant to Section 12-7A-3, Conditional Uses, in accordance with the provisions of Section 12, Chapter 16, Conditional Use Permits, to allow for the reconfiguration of existing accommodation units, fractional fee units, and dwelling units, located at 1 Vail Road/Lots A -C, Vail Village Filing 2, and setting forth details in regard thereto. (PEC17-0053) Applicant: Ex Vail LLC Extell Development, represented by Braun Associates, Inc. Planner: Matt Panfil Withdrawn. 4.6 A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, related to vegetation removal for wildfire mitigation purposes, and setting forth details in regard thereto. (PEC17-0043) Applicant: Town of Vail Planner: Jonathan Spence Motion: Approve First: Stockmar Second: Hopkins Vote: 6-0-0 Spence introduced the proposed text amendment by describing the three (3) different ways in which trees can be removed within the Town: 1.) abatement, 2.) Design Review Board (DRB) approval, or 3.) Wildfire Assessment conducted by the Fire Department. The Town is working together to make sure all tree removal requests follow the same criteria. The text amendment is a clean-up of existing language that is necessary to make sure the code is consistent across tree removal processes. Rediker opened the hearing for public comment. There was no public comment. There was support from all of the members of the PEC. Rediker stated that the proposed text amendment complied with all review criteria. 5. Approval of Minutes 5.1 October 23, 2017 PEC Results Action: Approve First: Kurz Second: Stockmar Vote: 6-0-0 6. Adjournment Action: Adjourn First: Kurz Second: Perez 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. Please call 711 for sign language interpretation 48 hours prior to meeting time. TOWN OF VA110 VAI L TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: Environmental Sustainability Plan Update: A review of progress towards goals established in the 2009 Environmental Sustainability Strategic Plan as well as an update on the status on the on-going plan update efforts. ATTACHMENTS: File Name Description Vai I_E S S P_Update_P E C_P resentation. pdf Presentation Vai I_E S S P_Update_P E C_handout. pdf Handout a cn N w NS 0 ,' O C F- On cm 0 O Q) C- Q) Ln Q) C- 0 Ln E E O U c6 c E c O LU CL- G • 0 OO 0 O J Ln C -0 b 4-J (3 V N •� -0 a -J r O (3)N N 'c 1 0 O 0 • t/1 O O E +.j •� OEML � a� r U � � E V N C � ' Ln -0 o Z Ln .� 0 OO 0 O J m O �1 own 0 O a-) C: p V) V W Q) cc ' V l E � � V ' - O � � � � O E O }, N i a -J V c) i -0 �1 own 0 0 110 1-1 O QJ O O +j Q) Q) C .� O O 01 - E U uU Q) _0 _ O p i Q 4-�O O v N O = U C 4-1 Co c O O E O o Cce O > O O O N c O �: O U a -J ^ 11Eul) C O O O /11 ^ L _N E _ V 1V)QJ j �. Ln VO 0 U L1J m U c w QJ QJ U-0 N -C CU v1 T a� }' 4A � a� O cC N � O5. 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Solid waste stream reduction and recycling: Reduce the amount of Town of Vail landfill contributions by 10% within 5 years, and 25% within 10. • Progress • 24% diversion rate in 2016 for the Town of Vail • Factors • Community Recycling Ordinance • "Kick the Bag Habit" program • Spring Cleanup Events and America Recycles Day Collections • Commercial Compost Facility in Development (Vail Honeywagon) 2. Energy Efficiency: Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020. • Progress • 32% reduction in municipal electricity. • 149% increase in municipal natural gas use. • 15% increase in community electricity use. • Factors M • Improved municipal building efficiency. • Snowmelt system increased municipal natural gas use. • Overall community electricity use increased due to development. 3. Ecosystem Health: Ensure that the natural environment is maintained to current or improved levels of biological health. • Progress • 18% of land in the Town is open space • Town of Vail reduced insecticide spraying by 90% this year • Gore Creek remains on the 303(d) list for nonattainment of water quality standards • Factors M • Increased development • Tree pest response: Forest Health and wildfire mitigation projects M • Public education series • Gore Creek Strategic Action Plan M • Infrastructure improvements including storm water and revegetation projects • Landscaping best practices information and seminars F Town of Vail ESSP Update 2009 ESSP Progress to Date 4. Sustainable Economic and Social Development: Promote sustainable and profitable business practices within the Town of Vail and the Vail community. • Progress • Actively Green sustainable business program; 100 businesses participated, 51 certified • Factors • Summer events and off-season specials, year round economic development • Celebrate Green! special events sustainability standards • Mountain IDEAL Sustainable Destination certification • Green Destinations top 100 global destinations of 2017 5. Public Education and Communication: Increase public education and awareness, communication and environmental stewardship in the Town of Vail. • Progress • Environmental education programs • The Sustainable Destination Program • Factors • Community events (America Recycles Day, Trees for Vail, Cleanup Day, Lunch with the locals, annual environmental film, etc.) • Love Vail campaign • "A Little Wild Goes a Long Way" and "Project Re -Wild • Environmental Staff expansion: Sustainability and Watershed Education Coordinator • Community surveys 6. Transportation: Decrease total Vehicle Miles Traveled (VMT) by commuters and guests by 20% by 2020. • Progress • 3.2 million riders annually (more than Fort Collins) • 164% increase in Sole Power Participation since 2011 • Nearly 100 Tons of avoided GHG emissions and 209,000 VMT reduced from Sole Power challenge • Factors • Vail expanded bus service since 2009 • Sole Power green commuting challenge • Employee wellness incentive- sole Power Participation • 71% of employees in Vail commute from the surrounding area TOWN OF VA10 VAI L TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: November 13, 2017 ITEM/TOPIC: A request for a recommendation to the Vail Town Council on the adoption of the 2017 Comprehensive Open Lands Plan and setting forth details in regard thereto. (PEC17- 0049) ATTACHMENTS: File Name Description Comprehensive Open_Lands Plan_Update_111317.pdf 2017 Comprehensive Open Lands Plan Update - Memorandum PEC17-0049 Appendix A_ Workshop_Notes.pdf Trails Workshop Results 171109—OLP—update PEC—review -_reduced size.pdf Draft Open Lands Plan Paul_Rondeau_Letter 110817.pdf Public Comment 0 rowN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 2017 SUBJECT: A request for a recommendation to the Vail Town Council on the adoption of the 2017 Comprehensive Open Lands Plan and setting forth details in regard thereto. (PEC17-0049) Applicant: Town of Vail, represented by Braun Associates, Inc. PURPOSE The purpose of this public hearing is to present the 2017 Comprehensive Open Lands Plan Update (OLP) to the Planning and Environmental Commission, for review and recommendation of adoption to the Vail Town Council. The 1994 OLP, the 2017 update, and additional information may be accessed: http://www.vailgov.com/openlandsupdate In forwarding its recommendation to the Vail Town Council, the Planning and Environmental Commission may either recommend to approve, approve with modifications, or deny the 2017 Comprehensive Open Lands Plan. In doing so, the PEC is asked to make findings in support of its recommendation. II. BACKGROUND In December, 2016, the Vail Town Council authorized an update to the 1994 Comprehensive Open Lands Plan, which is an action -oriented plan that identifies specific, undeveloped, or vacant parcels of land for protection of sensitive lands, trail easements and critical trail connections or for future public use. The process for updating the OLP involved revisiting the existing 1994 OLP to identify initiatives that have been addressed (and those that have not); reaffirming via a community engagement process the goals, objectives and initiatives of the existing OLP, and drafting an updated plan with goals, objectives and initiatives reaffirmed or identified during the process to address the community's needs. III. TRAILS WORKSHOP The '94 OLP listed improvements to the town's trail system as its second priority, behind acquisition and protection of open space, and included recommendations for new and improved trails for Vail as well as a simple "concept plan" for trails. The OLP update process has included multiple community meetings to provide opportunities for input on trails as well as other topics. To further the discussion on trails, the town held five additional meetings this past September. These small group meetings, termed "Scoping Sessions", consisted of groups of three to six community members with diverse Vail experiences and were formatted to encourage open discussion on Vail's trail system with a goal of building consensus on trail improvements. Topics included current trail usage, trail needs and desires, environmental concerns, conflict resolution and a trail ideas mapping exercise. A Community Trails Workshop was held on October 11th where feedback was collected from over 30 attendees. Results indicated broad support for neighborhood connections and additional soft surface trails, along with protecting wildlife habitat and implementing mitigation measures wherever new trails may be proposed, including seasonal closures if necessary. Attendees also supported improvements to Vail's existing trail system, including better wayfinding signage and sanctioning and maintaining current social trails. See Attachment A for full workshop results. IV. CONSIDERATIONS FOR REVIEW Adoption of a Master Plan The adoption of an amendment or update to a master plan needs to be in concert with the Town of Vail's Comprehensive Master Plan. The adopted master plan shall support, strengthen, and further the development objectives of the town. To ensure consistency with these objectives, the following factors for consideration are applied. 1) How conditions have changed since the original plan was adopted; Staff finds that conditions have changed in the following manner since the adoption of the 1994 Comprehensive Open Lands Plan: o Significant population growth in Vail and in Eagle County o Increased summer visitation o Gore Creek is now listed on the State's 303(d) list as an impaired waterway o Ever-increasing challenges with establishing workforce housing in Vail o Development of regionally -oriented recreation facilities in down -valley communities o On-going redevelopment in Vail that has increased the density and intensity of use on many properties o A dramatic increase in the level of use and types of use on recreational trails. 0 38 of the 51 original identified Action Items have been completed 2) How is the original plan in error? While staff finds that the 1994 OLP is not in error, it is over 20 years old. In order to remain relevant and consistent with the changing conditions and goals of the community, the plan needs to be updated on a consistent basis. This update to the OLP, while different, still achieves the original objectives and is consistent with the purpose of the 1994 OLP: o To identify and develop strategies for acquiring or protecting key remaining open lands in Vail that would be valuable for recreation, protecting sensitive environmental resources, extending or connecting trails, providing adequate neighborhood open space, and creating a small amount of contingency land for unforeseen needs (e.g. employee housing, public facilities). 3) How the addition, deletion, or change to the OLP are in concert with the plan in general. Staff finds that the identified actions and supporting narrative of the 2017 update of the Comprehensive Open Lands Plan are consistent with the stated goal and objectives of the original and proposed OLP: Town of Vail Page 2 Goal: The goal of the planning process was to update the OLP to provide a framework for effectively implementing actions to achieve Vail's goals for the preservation of open lands, the development of trails, and the use of town lands. Obiectives: o Confirm the community's overall goals and priorities for the OLP. ■ The OLP process included a comprehensive and appropriate public input process, the results of which were utilized to inform the content of the OLP. o Evaluate the Action Plan and identify any new action items necessary to implement the goals of the OLP. ■ Of the 51 action items from the '94 Plan, 38 were either implemented, partially implemented, addressed in alternative ways or the item has been deemed to no longer be feasible. ■ There are 106 privately owned, undeveloped parcels in Vail, and each was evaluated to determine if any could accommodate public facilities and community -oriented uses. Three were identified for potential affordable housing, and others were identified for environmental protection, or deemed infeasible for development. ■ In total 29 action items are proposed and included in the OLP for the purposes of trail expansion or development, protecting environmentally sensitive lands or wildlife, or for a community use such as local resident housing and other public facilities. o Provide better direction for the future development of recreation trails. ■ An extensive trails scoping and public input process was included in this update to the OLP, and has resulted in 16 new identified trails or trail connections, along with safety, wayfinding, and educational opportunities. o Evaluate town -owned lands for how they can be used to meet community needs. ■ All 161 town -owned parcels were evaluated to determine if any could accommodate the town's future needs for public facilities. Parcels that were already developed or those that had site characteristics that would prevent development were eliminated. The eight parcels that were deemed to be appropriate for further consideration are included in Chapter 3 of the OLP. o Define management strategies for town lands. ■ Additional management strategies were identified and included in Chapter 6 of the OLP, including the management of land for the purposes of enhanced biodiversity, the development of local resident housing, and public facilities such as community solar farms, snow dump, disc golf, and a performing arts center. V. STAFF RECOMMENDATION Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the considerations outlined in Section of IV this memorandum to the Planning and Environmental Commission dated November 13, 2017, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The 2017 Comprehensive Open Lands Plan Update was developed with extensive community input and participation by the Planning and Environmental Commission; Town of Vail Page 3 2. That the Action Items identified in the 2017 Comprehensive Open Lands Plan Update are appropriate means of achieving the stated purpose, goal and objectives of the original and updated OLP; and 3. The 2017 Comprehensive Open Lands Plan is consistent with the applicable elements of the Vail Comprehensive Plan and furthers the goals and development objectives of the community. VI. ATTACHMENTS A.) Trails Workshop Results B.) 2017 Comprehensive Open Lands Plan Update Town of Vail Page 4 %SE GROUP WORKSHOP NOTES PO Box 2729 1 323 West Main St. Suite 201 Frisco, CO 80443 Office: 970.668.3398 1 www.segroup.com DATE: 10/11/17 PROJECT: Town of Vail: Trails Concept Plan SUBJECT: Trails Workshop LOCATION: Vail Library Community Room THEMEIVISION COMMENTS: • Multi -use trails as key to success • General support for creating loops • "Build the trails and they will come" • Better maintenance on existing trails (2) • Protect wildlife habitats, seasonal closures, take care around flora and fauna • Need easy hiking trails easily accessible from village and Lionshead • A well-connected system with good signage and good maps • Connections with diversity for all users • Increase mountain bike terrain • Need better wayfinding around town, mapping, and signage at all trailheads (3) TRAIL SPECIFIC COMMENTS: Recommended Trails Support: • Support for Two Elk Connector to keep mountain bikers off paved trail (2) • Support for extending Vail trail to Two Elk trail. "Do this first" (4) • Support for Mill Creek Connector (4) • Support for Avon/Nottingham Ridge Connector • Support for Red Sandstone Single Track (2) • Support for unlikely Spraddle Creek to Booth Creek Connector (2) • Create large trail system at Lost Lake (3) (especially for mountain bikers) • Support for Gore Valley Trail to Minturn Connector • Support for Bald Mountain Hiking Trail • Support for Intermountain to Lionshead Connector • Support for Buffehr-Red Sandstone Connector • Support for all of them (5). Two "all" people were opposed to hiking only trails New Trail Suggestions: • Interest in connecting Game Creek Trail to Meadow Mountain Ranger station for single track (either at proposed QQ or lower down almost parallel Route 24) (2) • Build mountain biking terrain in area south of Deluge Lake • Safe route to Redcliff from Minturn (2) • Eventual Valley Perimeter single track route (2) Adoption/Maintenance Suggestions: • Support for adoption of Basingdale, Watertank, Matterhorn Trail • Suggest maintaining old Father of Middle Creek Trail • Suggest maintaining old social trail that connects North Trail to Nottingham Ridge • Connection along Red and White to connect Buffehr Creek Trail to Nottingham Ridge • Make Vail Trail Hiker only (3) • Make Buffehr Creek Trail hiking only (bikers hurt the experience and scare walkers, birds, and wildlife) • Improve maintenance on North Trail (2) Signage Suggestions/Accessibility • North Trail • Vail Trail at Golden Peak • Booth Creek Parking constantly full and the trail is overused — hotels need to encourage public transportation and other trails (2) OTHER COMMENTS: • Need for dedicated funding source to ensure long term maintenance and improvement of trails. Others suggested lodging tax and grants from IMBA for a mini excavator • Improve education for e -bike riders (currently dangerous) • 3 hour parking limit on East Vail trailheads is too short for existing trails (2) • Post "No Bikes" sign at memorial park — disrespectful (4) • Town of Vail Trails App • Need to better publicize all the trails close to town Mountain Biking • Gore Valley not suited to mountain bikes except at Vail Mountain, lots of mtb biking down valley o Comment that there is also plenty of hiking down valley • Trails have helped other towns and designated trails can be helpful • More climbable uphill mountain bike single track • More single track along roads (like proposed Red Sandstone Trail) to keep mtb bikers off the road • Gore Valley perfect for Mountain biking (2) • Vail has long history of hosting mountain biking events and riding, part of DNA and expectation. "Can't get rid of it now" • Create one-way trails for mountain biking • Increase mountain biking terrain, options to avoid the "zoo" that is Vail Mountain MONEY BOARD: Wildlife Safe New Soft Connections in Maintenance, Intersections Surface Trails and around town Adoption, Signage 22 4 51 45 50 W vn H � Q a x M CL � N 0 c v 0 Olt Z H Q L LL- v CL I Q v p a Q o Z J � s '� W z LU a 0 0 v 0 N v Q LL r� a v o Q Q OCL Na ,4.1f.,- Olt 14,5 c 0 0 ti 0 o 0- E ti c c Q 0 0-0 O U ~ N >0 c ) =� Q. = U m 0 0 0 E � 6l vii +� U E L — J 0 0 ru c ��� 0 0 Q Q.) --� U ti - m U Lu m 61 C UQ.) o U U U l� O m w iL iL w J UZ E 0 Z LU W CL Udo Z J o U J=_ Z� >, a a 0 O � -0 i � � � — � H a m s Oma_ (�:3 Q.) Q.) 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N O G o M 61 vi V N > CJ z- �O N v O) O O O O > Q M Q 061 : Q L/M Q J M + N vO Q Q Q O O O QJ O aJ v G U- E ci + E Q� 6 i E o `n N 0- 0 � .O I- +- v O N E E o ° Q CJ m Q 0Q O O Q o - v QJ E O o N N Q -F v N O QJ N > O N v� -u o Q Q E -Q Q N • m Q L/I vi O N o -IJ v O Q o v � O O n N c � N E E 0)> m C O O K- N O v M d N > >N �O V v O O N v i NQ o E L/, Ci N G v °�'_ '0O E L/I Q > Qo0- m m m i 6 N o O vQ D- O V N ° J m j v N o v N Qm o OCJ N E Gl Q 12N Q N cc v CJ o E E Ri G O CN O O0 o M 61 G� QJ N > -IJ z- o> O N m Q CJ vi QJ o -IJ Q Yl N o v 0 O N N x L/i v V v c 0)> o QJ O .N v O — O N O 0G v 0 NQ o � L/, Ci N G v °�'_ m Q'O L/I .L/I L/I Qo0- m m m i 6 E o OO vQ D- O V � ° o v o + v v M o OCJ N y Gl Q N Q aJ V � N v CJ o Q) > Ri G D- O QJ N M ciV G vN o > > i ; > o> O O O) o O O O > Q M Q 061 : Q L/M Q a) aJ-IJ + G vO Q v Q N v CJ v O V Q U- E ci + E Q� 6 QJ >- QJ `n u N - QJE I- v O N vN E o u i N-Ij G N O O E o - Q - O o N N Q -F v N O QJ 61 O O v� -IJQJ E .� 0 O > m O O G-Ij � Cici � OQ�0-Q)- O O aJ o Q 6 i Ij v o O OUEMEE O G C 6 O c— E QJ N— O ci V < Q v °° m N E Q - Ci.j 6 O ._� M y G o 4 v N m v o 0-J -C o (� v- " .O aJ N 61 -IJ o .O N N 61 Q u Q� O v Q E- �. 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TT�TppvONmmmmi m'N� YUN31 —Y maNN• 0 O —10 O o o o o o 0 mm O O w 6 ww 6 6 wm—= 6 0 -t-6 0O 0 ._O 0 Noo 0 YvviOmv 2 ¢ o� o 0 ozo 0 O z z V V z O r z t C O Q j Z Um a V 65 < m a N 0 ¢ �Om Z p ww m oil � i-0 » z Wi zu>uuuLD 3 3� o ° w z �� m o x�m0000mx o- a a a N on Q z> U >> J w N 00 0 _ O o o V w = o o vxi m> a o m a s m wz 0 w w 3 w w 3 3 o a m=zVC7a w xwmm�z ¢ 000w Jz 3 > m d H F¢ O J K O m m- O O w Q d LL ]C U U U m x¢ 0 V° m 0 0 0 o j x x w ry zU� Mum, Q o d d d o a Q LL d a ti m ry m m o m .-i N in ry N vi N a m m .-i m ry o .-i ry m ry n N n m ry m .-i E O o 0 .ti O 0 0 T N 0 0 0 0 ry lrt 0 0 ry pl 0 0 O O 0 0 I� 0 0 ry ry 0 pl 0 0 0 0 0 0 .ti 0 0 m O 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 O O Z O Nti N .�0000000 oNm-ioN ry z ry N N ¢ ^0 0 v a ~O O m a a No a O u m O m m o O O Z 3 m O z a c 0 N a z a o m o m a V w ¢in m 2cm.� rvzrvY... inm orvo .ti p inoN Ym o �0��-i t52 0 0 0 0 0 V a amp' o •" oLL o ��� o� m oQ m omzzzzzz 0 z m z Za�aaV Z z z z a s oomZZZZ�Zzo0000 N H n n m w m N 0 0 0 0 0 a a O vi w a3 c uiow o �, OO �, •, 'uip uim ui uiV ui ui `m m�~~~ � w ry ry ry z m z z z z z zc�c�c�V V>��3333'33zzzzzz ry ry vVi fl-m z o-x o o-o-> o-o- �, _ �=xx x LL=LL W as wwwzwwmmmmmm Ew mss»>>o>>000000-E o L , 3 3 3 3 3 3 p' a _>>> a a mx m F o o>>>>c�>>m a a a a a a m mm m m m o 0 u o N o 0 0 0 0 0 0 o N o 0 0 0 0 0 0 0 0 0 0 0 o N o N 0 a o ? o o o o o o ~ o o m -> -> -> -> -> -> 0 -� -� -� -> -� -> -> -> -> -> -> -> -� -� -� }, r- c.i -O • �' o v v 3 3 v 3 v u m Q o E J V d Jdddd O of Q~ ry m a �n � n o� O m ti .ti N m vt N m vt t0 I� m pl Town of Vail Real Estate Transfer Tax The Town of Vail Real Estate Transfer Tax (RETT) is the Town's primary funding source for park and open space land acquisitions. RETT imposes a 1% land transfer tax upon the transfer of interests in real property. RETT was adopted by ordinance 1979 and was amended in 1980, 1987, 1992 and 2006. Below is a summary of RETT and amendments that have been made since 1979. Ordinance 26, Series 1979 • 1% Land Transfer Tax to be paid upon transfer of all real property. • Sale or conveyance of real property for purpose of constructing low or moderate priced housing exempt from Tax. • 1% consideration shall be earmarked for acquisition of real property located either within or without the limits of the Town of Vail. • Funds shall be subject to appropriation only for the purposes of acquiring land for parks, recreation, open space and/or similar purposes. Ordinance 5, 1980 • Many refinements to Ordinance 26, Series 1979 • Addition to appropriation of funds to include "paying incidental costs and principal and interest on any borrowing for the acquisition." Ordinance 8, Series 1987 • No increase to the 1% tax rate without such tax rate increase is approved by a majority of the registered electors voting in a regular or special election. • Appropriation of funds expanded to include the cost of construction of buildings which are incidental to park, recreation and open space land, including paying incidental costs and the principle of and interest on any borrowing of such improvement and construction. • Appropriation of funds may be used for acquiring land located within the Town of Vail or contiguous to the town boundary. Ordinance 10, Series 1992 • Appropriation of funds within the Town of Vail or within one mile of the boundaries of the Town of Vail. • Funds shall be appropriated for the following purposes: o Acquiring, improving, maintaining and repairing real property for parks, recreation, open space and similar purposes, o The construction, maintenance, and repair of buildings which are incidental to park, recreation, and open space land, o Landscaping parks and open space, o The construction, maintenance, repair and landscaping of recreation paths set forth in the Town of Vail Recreation Trails Plan, and o Paying incidental costs and principle of and interest on any funds borrowed for the purposes set forth above. Ordinance 31, Series 2006 • Appropriation of funds expanded to include supporting sustainable environmental practices as determined necessary for the environmental health and welfare of the Town of Vail. • Intent of amendment that appropriation of funds for acquisition of lands, construction and maintenance of incidental buildings, landscaping and construction and maintenance of trails to be satisfied prior to appropriation of funds for sustainable environmental practices. Vail Town Charter - Section 13.11 Designated Open Space (a) As used in this charter, designated open space shall mean any interest in real property owned by the town of Vail which, whether acquired by purchase, donation, condemnation, or any other means, has been dedicated by ordinance as designated open space. Such designated open space shall not be alienated, sold, leased, or subjected to a zoning designation change other than one of the open space zone districts identified in this article, unless all terms and provisions of this article have been met. (b) Characteristics Of Designated Open Space. To qualify as designated open space, the designated parcel must be owned by the town of Vail and zoned natural area preservation, outdoor recreation, or agriculture open space and be either: 1) Environmentally sensitive lands (wetlands, riparian areas, critical habitat identified by the division of wildlife, or the natural heritage program); 2) High natural hazard areas including the 100 -year flood plain, red avalanche hazard area, high rock fall hazard area, and high debris flow hazard area; or 3) Town of Vail parks that provide passive outdoor recreation opportunities. (c) Creation Of The Designated Open Space Board Of Trustees. There shall be an open space board of trustees consisting of three members. The members of the board shall be the town manager, one town of Vail councilmember and one planning and environmental commissioner. The town councilmember and the planning and environmental commissioner shall be designated by their respective boards. The designated open space board shall not perform any administrative functions unless expressly provided in this charter. The board shall: 1) Make recommendations to the town council of appropriate parcels to be designated as open space; and 2) Make recommendations to the town council concerning removing parcels from a designated open space status. The town council and/or the town manager shall not act on any of the matters set forth in paragraphs 1) and 2) without securing a recommendation from the board as above provided. The board's recommendation shall not be binding upon the town council. (d) Creation Of A Designated Open Space Parcel. Upon unanimous recommendation from the open space board of trustees concerning a parcel of land which meets the characteristics as set forth in this charter, the town council shall consider an ordinance to include such parcel as designated open space. Every ordinance designating open space shall require the affirmative vote of three-fourths of the entire council for final passage. No designated open space may be sold, leased, traded, or otherwise conveyed, nor may any exclusive license or permit on such designated open space land be given, nor may any use or zone change other than one of the open space zone districts identified in this section to such designated open space be permitted, until such disposal as set forth in paragraph (e) below has been approved. (e) Disposal Of Designated Open Space. Town council may consider the sale, lease, trade, alienation, partition, granting of an exclusive license or permit, use or zone change other than one of the open space zone districts identified in this section of designated open space only upon receiving a unanimous recommendation of such action from the open space board of trustees. Once such recommendation is received, the town council shall consider an ordinance referring such question of disposal of designated open space to the registered electors at a town election for their acceptance or rejection. The ordinance shall give the location of the land in question and the intended disposal thereof. Every such ordinance shall require the affirmative vote of three-fourths of the entire council for passage. The vote of the town on proposed disposal of designated open space shall be held not less than thirty days and not later than ninety days from the date of the final council vote thereon. If no regular town election is to be held within the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the council may at its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed ordinance to dispose of designated open space shall be made available to the public within a reasonable time before the election and also at the polls at the time of the election. (Charter amd. 11-21-1995: 1972 Charter) NEPA and EIS process for new trails located on USFS lands The following steps generally outline the National Environmental Policy Act (NEPA) and the Environmental Impact Statement (EIS) process, which new trails located on USFS lands would be analyzed under. 1. Official "Project Proposal Letter" (PPL) containing proposals from the Conceptual Trails Plan submitted by Town of Vail to USFS • PPL submitted by Town of Vail to the USFS. 2. USFS Evaluation of PPL and Proposal Acceptance • PPL reviewed for consistency with the Forest Plan, USFS Direction, and Open Lands Plan. • Based on predicted environmental impacts, the USFS determines the level of NEPA that would be necessary to analyze the proposal (including a Categorical Exclusion (CE), an Environmental Assessment (EA), or an EIS). • An EIS is the highest level of site-specific NEPA review and would be anticipated for a proposal containing numerous trails as outlined in the Conceptual Trails Plan. Individual trail proposals, re-routes, or maintenance may fall under a CE or EA. • Project proposal accepted by USFS. 3. Proposed Action Development • USFS Interdisciplinary Team (ID) Team resource specialists work with the Town of Vail to develop Proposed Action, project design criteria, and mitigation and monitoring measures to minimize environmental impacts. 4. NEPA Process Begins: Public Scoping Period (Public Comment Opportunity) • Scoping Notice, including project purpose and need and description mailed to the public and agencies. • Scoping period initiated when the Notice of Intent is published in the Federal Register. • Public has opportunity to present comments on the project specific website and/or in writing, by fax, by email, or in person. • Public Open Houses are held during scoping period (the opportunity for the public to be informed of the project proposal, ask questions, and submit comments). 5. Preparation of Draft EIS • Based on comments received during the scoping period and review by the ID Team, a "reasonable range of alternatives" as required to NEPA is Developed to be analyzed in the Draft EIS. • Studies and analysis, including field surveys, are conducted to prepare the Draft EIS • Technical reports are prepared, including Biological Assessment submitted to U.S. Fish and Wildlife Service (USFWS) for Endangered Species Act (ESA) Section 7 Requirement. • Draft EIS is comprised of the Purpose & Need for Action, Description of Alternatives, Affected Environment, and Environmental Consequences, as well as mitigation measures to minimize impacts to resources. 6. Draft EIS Comment Period (Public Comment Opportunity) • Draft EIS is delivered to EPA to publish the Notice of Availability for public comment in the Federal Register, which initiates comment period. • Document provided to federal, state, and local agencies and organizations, and interested members of the public for a 45 -day public comment period. • Comments received during Draft EIS comment period by agencies and the public help further refine and strengthen the analysis. 7. Response to Comments and EIS Finalized • USFS drafts responses to public comments and issues the Final EIS. 8. Preferred Alternative Determined by USFS • Preferred Alternative is chosen by Decision Maker. • Preferred Alternative can be any alternative in its entirety, including the No Action, or a combination of alternatives. 9. Publication/Issuance of Final EIS and Draft ROD • USFS completes Final EIS and Draft Record of Decision (ROD) • If objections are received, a 45 -day objection review period begins. 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D . / 2 /« _ / » / \ / ■ I d / 0 / g § K o© o y y E y\ � o >,� � � < \ ® z © ^ \ \ § ■\// 2 D J p u cn \ 0 0 m 2 c 2 w c 3 3 November 8, 2017 To: PEC Members cc: Vail Town Council From: Paul Rondeau Subject: Open Lands Plan Update re Middle Bench Reference: PEC meeting encouraging public input, scheduled for 11/13/2017 Folks .... A significant fact was left out inside the referenced document regarding Middle Bench of Donovan Park. Access to the entire 2.1 acre parcel via the upper Matterhorn Circle Road is periodically blocked for the following: [] For portions of the day during any month of the year..... it is regularly closed off for Vail Fire Department training. [] For days or weeks at a time..... it has been closed off for cut tree storage and truck removal --the most recent during October and November of this year. [] For months at a time..... it has been closed off for storage of building and road materials. Just making sure the information is as complete as possible. Regards, Paul Rondeau TOWN OF VA10 VAI L TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: November 13, 2017 ITEM/TOPIC: A request for the review of a development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, for the construction of employee housing units (E HUs) with the following associated requests: (1) a request for the review of a conditional use permit, pursuant to Section 12-61-3, Conditional Uses, in accordance with the provisions of Section 12, Chapter 16, Conditional Use Permits, to allow for business offices and professional offices, as further regulated by Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code; (2) a request for the review of multiple variances in accordance with the provisions of Section 12, Chapter 17, Variances: (a.) a variance from Section 12-61-8, Parking and Loading, Vail Town Code to allow parking in the front and side setbacks; (b.) a variance from Section 12-10-9, Loading Standards, Vail Town Code, to allow for a loading berth less than the required dimensions; (c) a variance from Section 12-21-10, Development Restricted, Vail Town Code, to allow for development on a slope greater than forty percent (40%); (d.) a variance from Section 14-5-1, Minimum Standards, Vail Town Code, to allow for greater than twenty five percent (25%) of the required parking spaces to be compact parking spaces; and (e.) variances from Section 14-6-7, Retaining Walls, Vail Town Code, to allow retaining walls with an exposed face height over six feet (6') tall and over three feet (3') tall within the front setback, located at 501 North Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (PEC17-0046, PEC17-0050, PEC17-0051) ATTACHMENTS: File Name PEC17-0046_Solar Vail_Staff Memo.pdf Attachment A_Solar Vail_Vicinity_Map.pdf Attachment B_Solar Vail_Development_Plan.pdf Attachment—C---Solar—Vail—Plan—Set-1 of 2.pdf Attachment C_ -_Solar Vail_Plan_Set 2_of 2.pdf Attachment D_- Applicant_Narrative.pdf Attachment E_-_Parking_Management_Plan.pdf Attachment F_Solar Vail_Walking_Distance_Map.pdf Attachment _G_- -Solar—Vail—PEC—Minutes—April 10_2017.pdf Description PEC17-0046 Solar Vail Staff Memo PEC17-0046 Solar Vail -Attachment A - Vicinity Map PEC17-0046 Solar Vail - Attachment B - Development Plan PEC17-0046 Solar Vail - Attachment C - Plan Set (1 of 2) PEC17-0046 Solar Vail - Attachment C - Plan Set (2 of 2) PEC17-0046 Solar Vail - Attachment D - Applicant Narrative PEC17-0046 Solar Vail - Attachment E - Parking Management Plan PEC17-0046 Solar Vail - Attachment F - Walking Distance Map PEC17-0046 - Solar Vail - Attachment G - PEC Minutes of April 10, 2017 rowN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 2017 SUBJECT: A request for the review of a development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, for the construction of employee housing units (EHUs) with the following associated requests: (1) A request for the review of a conditional use permit, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, in accordance with the provisions of Section 12, Chapter 16, Conditional Use Permits, to allow for business offices and professional offices, as further regulated by Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code; and (2) A request for the review of multiple variances in accordance with the provisions of Section 12, Chapter 17, Variances: (a.) A variance from Section 12-61-8, Parking and Loading, Vail Town Code to allow parking in the front and side setbacks; (b.) A variance from Section 12-10-9, Loading Standards, Vail Town Code, to allow for a loading berth smaller than the required dimensions; (c) A variance from Section 12-21-10, Development Restricted, Vail Town Code, to allow for development on a slope greater than forty percent (40%); (d.) A variance from Section 14-5-1, Minimum Standards, Vail Town Code, to allow for greater than twenty five percent (25%) of the required parking spaces to be compact parking spaces; (e.) Variances from Section 14-6-7, Retaining Walls, Vail Town Code, to allow retaining walls with an exposed face height over six feet (6') tall and over three feet (3') tall within the front setback and setting forth details in regard thereto. (PEC17-0046, PEC17-0050, PEC17-0051) Property: Solar Vail, 501 North Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1 Applicant: Sonnenalp Properties, Inc. represented by GPSL Architects Planner: Chris Neubecker SUMMARY Sonnenalp Properties, Inc., the owner of the Solar Vail building at 501 N. Frontage Road West, proposes to demolish the existing residential building and construct a new building with 65 deed - restricted employee housing units (EHUs), under -building parking, surface parking, and on-site professional offices. The professional office space will be used primarily for management of the on-site employee housing units, but will also be used for management of off-site housing owned by the applicant. This 1 -acre site is located immediately east of the Red Sandstone Elementary School and the Vail Gymnastics Center. The applicant plans to begin construction of this new residential project in spring 2018, with a goal of occupying the building in time for the start of the 2018-2019 ski season. In order to accomplish this goal, the applicant will need to begin construction in April 2018, and plans to use a systems -built construction method. This property was annexed into the Town of Vail on August 23, 1969. The existing building was completed in 1978 (originally called Sun Vail), and is used by the applicant to offer housing to employees at the Sonnenalp Hotel in Vail Village, but is also made available to others when vacancies exist. The existing building contains 24 one -bedroom units, including 11 deed -restricted employee housing units, including three (3) Type V units, six (6) Type III units, and 2 units with covenants signed before 1992 which do not include a rental requirement. The building also has communication equipment on the roof to provide cell phone service in the vicinity. II. DESCRIPTION OF REQUEST The applicant, Sonnenalp Properties, Inc. is requesting approval of a development plan to allow for the future development of deed restricted employee housing units on the site of the existing Solar Vail building located at 501 N. Frontage Road West. Key components of the proposed development include the following: • Demolition of the existing 24 unit building known as Solar Vail • Development of a new building containing 65 Type VI deed -restricted employee housing units. The new units, a mix of studio, one, two and three bedroom apartments, will provide homes for many of the employees at the Sonnenalp Hotel, but will also be offered to other employees that do not work for the Sonnenalp. • Development of 1,525 square feet of professional office to support and manage the applicant's employee housing units. • Creation of 34 parking spaces, including 6 surface parking spaces and 29 enclosed spaces below the proposed employee housing building. • Proposed maximum building height of 62' (one parking level, plus four levels of employee housing units.) • Transfer of deed -restrictions for nine (9) existing employee housing units on the property to other qualifying properties within the Town, via the Employee Housing Unit Deed Restriction Exchange Program. A development plan approval is required, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, to guide and direct development within the Housing (H) district. Once adopted, an approved development plan, along with any applicable land use regulations contained in the Town's Zoning Regulations, become the principal governing documents for land use and dimensional requirements and limitations on the property. The development plan shall remain in effect for the life of the development, and may be amended from time to time, as deemed appropriate, as part of an established development review process. In addition to the proposed development plan, the applicant is requesting approval of the following: 1. A Conditional Use Permit for the professional offices in the building, which will be used to manage the applicant's on-site and off-site employee housing units. 2. Variances from the following requirements of the Vail Town Code : a. Section 12-61-8, Parking and Loading, to allow parking in the front and side setbacks; b. Section 12-10-9, Loading Standards, to allow a loading berth less than twelve 12' wide by thirty-five 35' long; C. Section 12-21-10, Development Restricted, to allow for development on a slope greater than forty percent (40%); d. Section 14-5-1, Minimum Standards, to allow for greater than twenty five percent (25%) of the required parking spaces to be compact spaces; e. Section 14-6-7, Retaining Walls, to allow retaining walls with an exposed face height over six feet (6') tall and over three feet (3') tall within the front setback. III. BACKGROUND The subject property was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. The Solar Vail building was initially developed as employee housing in 1978 and serves as off-site housing for employee of the Sonnenalp Hotel, also owned by the applicant. The Solar Vail property was also approved for installation of communications antennas, and the property currently accommodates equipment for various telecommunications providers. The existing 3 -story tall building includes 13,104 square feet of GRFA in 24 one -bedroom units, including 11 deed restricted employee housing units. Due to the age and condition of the property, the applicant would like to redevelop the property. In 2008, the applicant received approval from the Town of Vail Planning and Environmental Commission to construct a similar employee housing development on this site with 82 EHUs and 4,800 square feet of professional office. The approval included a development plan (PEC070052), conditional use permit (PEC080006) for professional offices, and a variance (PEC080013) for construction on slopes over 40%. The approval coincided with a rezoning of the property (approved by Ordinance 34, Series of 2007) from High Density Multiple Family (HDMF) to Housing (H), which allows for greater flexibility through the development plan process, including the potential for additional density. Due to a downturn in the economy the project was not built. The permits were extended in 2010 for one year, and expired on March 24, 2011. The applicant presented a conceptual plan for the redeveloped of this site to the PEC during a work session on April 10, 2017. A copy of the minutes from the April 10, 2017 PEC meeting are attached (Attachment G). IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoninq Regulations, Vail Town Code (in part) ARTICLE I — Housing District 12-61-1: PURPOSE: The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-2: PERMITTED USES: (in part) The following uses shall be permitted in the H district: Communications antennas and appurtenant equipment. Employee housing units, as further regulated by chapter 13 of this title. 12-6/-3: CONDITIONAL USES: (in part) The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit.- Business ermit: Business offices and professional offices, as further regulated by section 12-16-7 of this title. Public utilities installations including transmission lines and appurtenant equipment. (Ord. 12(2008) § 10) 12-6/-5: SETBACKS: The setbacks in this district shall be twenty feet (20) from the perimeter of the zone district. At the discretion of the planning and environmental commission, variations to the setback standards may be approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B. 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. Variations to the twenty foot (20) setback shall not be allowed on property lines adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is approved by the planning and environmental commission pursuant to chapter 17 of this title. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-6/-6: SITE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site area. At the discretion of the planning and environmental commission, site coverage may be increased if seventy five percent (75%) of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development, and that the minimum landscape area requirement is met. (Ord. 19(200 1) § 2: Ord. 3(200 1) § 2) 12-61-7: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15) with a minimum area not less than three hundred (300) square feet. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-6/-8: PARKING AND LOADING: Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-6/-9: LOCATION OF BUSINESS ACTIVITY: A. Limitation; Exception: All conditional uses in section 12-6I-3 of this article shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. B. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 19(200 1) § 2: Ord. 3(200 1) § 2) 12-61-10: OTHER DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the H district, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the planning and environmental commission, and as adopted on the approved development plan: 1. Lot area and site dimensions. 2. Building height. 3. Density control (including gross residential floor area). (Ord. 19(200 1) § 2: Ord. 3(200 1) § 2) 12-61-11: DEVELOPMENT PLAN REQUIRED: A. Compatibility With Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the housing district will meet the intent of the zone district, an approved development plan shall be required. B. Plan Process And Procedures: The proposed development plan shall be in accordance with section 12-61-12 of this article and shall be submitted by the developer to the administrator, who shall refer it to the planning and environmental commission, which shall consider the plan at a regularly scheduled meeting. C. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the housing district. E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of section 12-9A-10 of this title. F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the design review board in accordance with the applicable provisions of chapter 11 of this title prior to the commencement of site preparation. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-12: DEVELOPMENT PLAN CONTENTS: The administrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. (Ord. 29(2005) § 23: Ord. 5(2003) § 3: Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and, when possible, are integrated with existing open space and recreation areas. D. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance with the Vail comprehensive plan and other applicable plans. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2) CHAPTER 21 — Hazard Regulations 12-21-10: DEVELOPMENT RESTRICTED: A. No structure shall be built in any flood hazard zone or red avalanche hazard area. No structure shall be built on a slope of forty percent (40%) or greater except in single-family residential, two-family residential, or two-family primary/secondary residential zone districts. The term "structure" as used in this section does not include recreational structures that are intended for seasonal use, not including residential use. 12-21-14: RIGHT OF APPEAL: Nothing in this chapter shall be deemed to deny any interested person his/her rights to appeal the decision of the administrator in accordance with section 12-3-3 of this title. In addition, nothing in this chapter shall be deemed to deny any interested person his/her rights to seek a variance from the requirements of this chapter. Variances shall be governed by the provisions of chapter 17 of this title. Vail Comprehensive Plan (in part) Vail 20/20 Focus on the Future — Strategic Action Plan (in part) - The Vail 20/20 Strategic Action Plan is a visioning document that begins with a set of values that outline what is truly important to the community. The plan outlines goals for land use and development, parks and recreation, environment, housing, transportation, economy, community and public safety topics, including specific vision statements, long-term goals, and actions and strategies over the next 5 years to achieve those goals. LAND USE Goal #4: Provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Address the zoning regulations to provide more incentives for developers to build employee housing units. • Use employee housing fund for buy -downs and other programs that will increase the number of employees living within the town. ENVIRONMENTAL SUSTAINABILITY Goal #2: Energy Management in Buildings and Transportation: Reduce the town's 2007 baseline green house gas emissions. • Support employee housing initiatives in order to reduce trips into Vail. HOUSING 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. • Conduct inventory of all sites with development potential and pursue opportunities for acquiring undeveloped or underdeveloped properties. • Update the Vail Land Use Plan and identify more areas for employee housing. • 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 ECONOMY Goal #3: Maintain a town -wide workforce in which at least 30 percent of people who work in Vail also live in Vail. • Support the local economy by working with the business community to address future workforce housing needs as they relate to business in Vail. Vail Land Use Plan (in part) — The Land Use Plan is not intended to be regulatory in nature but is intended to provide a general framework to guide decision making. One specific measure used to implement the recommendations of the Land Use Plan includes amendments to the Official Zoning Map. Other measures include changes to ordinances and regulations or policies adopted by the Town. Chapter 11- Land Use Plan Goals / Policies (in part) 1. General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 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 Housinq 2027 — A Strategic Plan for Maintaining and Sustaining Community through the Creation and Support of Resident Housing in Vail — The purpose of this plan is to guide the Town and the community to take proactive steps to address the housing needs in Vail, and to act as a strategic planning document to guide decision making for resident housing in Vail. Ten Year Goal: "The Town of Vail will acquire 1, 000 additional resident housing unit deed restrictions by the year 2027. " Vision: We envision Vail as a diverse, resilient, inclusive, vibrant and sustainable mountain resort community where year-round residents are afforded the opportunity to live and thrive. We take a holistic approach to maintaining community, with continuous improvement to our social, environmental, and economic well being. We create housing solutions by recognizing and capitalizing on our unique position as North America's premier international mountain resort community in order to provide the highest quality of service to our guests, attract citizens of excellence and foster their ability to live, work, and play in Vail throughout their lives. Our strategic solutions and actions result in the retention of existing homes, creation of new and diverse housing infrastructure, and collaboration with community partners. For Vail, no problem is insurmountable. With a consistent, community -driven purpose and an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for the 21st century. The Town is well positioned financially to undertake this significant challenge. Mission: Maintaining and Sustaining Community "We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail." Policy Statement - Resident Housing as Infrastructure "We acknowledge that the acquisition of deed restrictions on homes for Vail residents is critical to maintaining community. Therefore, we ensure an adequate supply and availability of homes for residents and recognize housing as infrastructure in the Town of Vail; a community support system not unlike roads, bridges, water and sewer systems, fire, police, and other services of the municipal government." 2009 Environmental Sustainability Strategic Plan — The purpose of this plan is to define a strategy that consists of measurable goals, objectives, and actions that will help the Town coordinate efforts to achieve the environmental vision of the community. Goal #6 — Transportation — Reduce the environmental impact of transportation by supporting efforts within the Eagle Valley to decrease total Vehicle Miles Traveled (VMT) by commuters and guests by 20% by 2020. V. ZONING ANALYSIS Address: Legal Description: Lot Size: Buildable Area: Existing Zoning: Land Use Designation: Mapped Geological Hazards 501 N. Frontage Road West Vail Potato Patch Filing 1, Block 2, Lot 8 1.0 acre (43,560 sq. ft.) 0.51 acres / (22,259 sq. ft.) Housing (H) District Medium Density Residential Medium Severity Rockfall Development Required by Town Proposed Complies? Standard Code Lot Size Prescribed by PEC 1.0 acre or Complies* 43,560 sq. ft. Minimum Setbacks 20' feet from the North: 75' Variation to east and perimeter of the zone South: 32' west setback district, or as East: 18' requested, per approved by PEC West: 6' Section 12-61-5: Setbacks Maximum Height Prescribed by PEC Sloped Roof: 62 feet Complies* maximum Maximum Dwelling Prescribed by PEC 65 units (127 Complies* units/acre du/buildable acre) GRFA Prescribed by PEC 38,000 sq. ft. Complies* Site coverage 23,958 sq. ft. or 55% 13,208 sq. ft. or 30.3% Complies maximum Minimum 13,068 sq. ft. or 30% 19,291 sq. ft. or 44.2% Complies Landscaping Required Parking 113 spaces 34 spaces See discussion on parking management plan *Please see Section VII below for an analysis and discussion of these development standards. VI. SURROUNDING LAND USES AND ZONING Existing Land Use Zoning District North: Open Space Natural Area Preservation (NAP) South: 1-70 Right-of-way None East: Open Space Natural Area Preservation (NAP) West: Public /Semi -Public General Use (GU) VII. ANALYSIS OF PRESCRIBED STANDARDS AND PARKING PROGRAM The Housing (H) district requires that the applicant propose and the PEC prescribe, as depicted on an approved development plan, the development standards in the following categories upon review of the applicant's proposal: 1. Lot area and site dimensions 2. Building height 3. Density control (including gross residential floor area) In addition to the prescribed standards, the Housing (H) district also allows flexibility and PEC discretion in other standards, namely setbacks, site coverage and parking, when certain criteria are met. The Solar Vail Development Plan does not propose to deviate from the site coverage or minimum landscaping standards but does propose a parking program with less parking than is otherwise required by code. A variation in the required setbacks on the east and west sides of the property is also requested. Approval of these prescribed standards and the parking program are achieved through the development plan. In memorandum, the applicant has requested several variances, which are discussed in Section X of this report. Lot Area and Site Dimensions The Solar Vail Development Plan proposes a minimum lot area of 1.0 acres (43,560 sq. ft.). This is the size of the existing Solar Vail property. Staff Analysis- Staff finds the proposed lot area and site dimensions to be consistent with the intent of the Housing (H) district, namely to provide an appropriately located and designed development that is harmonious with the surrounding uses. This is an existing lot, which is currently developed as a residential property containing twenty-four (24) apartments, including eleven (11) EHUs. The Community Development Department finds that the lot area and site dimensions are appropriate for the proposed use. Building Height The maximum allowable building height with the Solar Vail Development shall be as demonstrated on the approved development plan, which is proposed at sixty-two feet (62'). As a result, the proposed maximum building height for the development plan is sixty-two feet (62') for a sloping roof. Staff Analysis -The Solar Vail development's proposed maximum overall height of sixty-two feet (62') is appropriate for the proposed style of housing and this site, due to the existing topography and the property's relationships with adjacent sites and uses. The property is bordered by public uses to the west, and open space to the east and north. The proposed building height will have no negative impacts to any nearby properties. Also, in order to minimize impacts to the steeper sloped portions of the site, the applicant has designed the building to be taller, rather than spread out on the property. This limited footprint and additional height is necessary due to the very limited portions of the site that are most suitable for development. The Community Development Department finds the proposed maximum height of sixty-two feet (62') to be consistent with the intent of the Housing (H) district and sensitive to adjacent properties and their respective uses. Density Control Dwelling Units per Acre- A total density of 127 dwelling units per acre of buildable area is proposed for the Project. (65 units / 0.51 acres = 127.45 units) Gross Residential Floor Area- A total of up to 38,000 square feet of Gross Residential Floor Area (GRFA) is proposed for the Project. Staff Analysis- The density of 65 dwelling units (127 du/ buildable acre) is proposed in response to the critical need for deed -restricted employee housing, the need to increase density in the building to make the project financially feasible, and the limited buildable area of the site due to steep slopes. The proposed GRFA maximum of 38,000 square feet equals 170 square feet of gross residential floor area (GRFA) permitted for each one hundred (100) square feet of buildable site area. This density exceeds the maximum density in the High Density Multiple Family (HDMF) district of seventy six (76) square feet of gross residential floor area (GRFA) per one hundred (100) square feet of buildable site area. This is one of the primary reasons why the property was rezoned from High Density Multiple Family (HDMF) to Housing (H) in 2007. Considering the open space that surrounds the property, and the hillside to the rear of the building, a higher density building will not appear overly dense. The Community Development Department finds the proposed density and GRFA to be consistent with the intent of the Housing (H) district and appropriate for the subject parcel. Parking Program The Vail Town Code requires 1.5 off street parking spaces for each multiple -family dwelling unit with GRFA of 500 square feet or less, and 2 parking spaces for dwelling units with GRFA between 500 and 2,000 square feet. Each of the 65 residential units proposed are in one of these two categories. In addition, the parking requirement for professional offices is 1 space per 250 square feet of net floor area. The code required parking is as follows: Use Type Count Parking Rate Spaces Required Studio 43 1.5 per unit 64.5 One -Bedroom 13 2 per unit 26 Two -Bedroom 6 2 per unit 12 Three -Bedroom 3 2 per unit 6 Professional Office 1,525 sq. ft. 1/250 sq. ft. 6.1 TOTAL 114.6 spaces PARKING PROPOSED 34 spaces The proposed development includes 34 parking spaces. The applicant believes that the proposed parking will be sufficient based on a number of factors, including: • Actual parking demand history at the current Solar Vail property • Proximity to Lionshead (7 minute walk to Gondola) and to Vail Village (16 minutes to the Sonnenalp Hotel) • Good transit options (bus stop 500 feet away, served by the Town of Vail Red, Green and Sandstone routes, plus the ECO bus westbound) • Opposite peak parking times for the professional office and residential uses • A bike share program for resident use, plus on-site bicycle storage • Alternative housing options (owned by the applicant) for employees with vehicles • Although not currently proposed by the applicant, an addition in the deed restriction and/or residential lease limiting the number of vehicles per unit could be effective Section 12-61-8, Vail Town Code, allows the PEC to approve a parking plan with reduced parking in the Housing (H) district when the applicant can demonstrate that fewer parking spaces will be needed. Please see the Parking Management Plan (Attachment E) provided by the applicant for additional detail. 12-6I-8: PARKING AND LOADING: (in part) At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) A reduction in the parking requirement for employee housing developments is specifically listed in the Vail 20/20 Focus on the Future — Strategic Action Plan as a strategy for supporting the development of workforce housing. • Research parking requirements for employee housing and consider reducing requirements for employee housing developments. In addition, Section 12-61-8, Vail Town Code, prohibits parking within a required setback. The applicant has proposed to construct parking in the front (south) and side (west) setbacks, and to allow for greater than twenty five percent (25%) of the required parking spaces to be compact parking spaces. These adjustments from the code will be addressed in Section X, Variances. If these spaces were not permitted within the front and/or side setbacks, the applicant would propose to reduce the total number of required spaces. A similar approach would be taken if the total number of compact spaces were not permitted to exceed 25%, as requested. Staff Analysis- The applicant proposes thirty-four (34) parking spaces, including nine (9) compacts spaces. Twenty-eight (28) spaces are enclosed or under the building, and six (6) spaces are uncovered surface spaces. The required parking for a development of this size and unit mix is 114.6 spaces. The applicant has indicated in the parking management plan their justification for the reduced parking. This justification includes the central location of the property, excellent walking access to Lionshead (7 minutes to the gondola via the pedestrian overpass) and Vail Village (16 minute walk to Sonnenalp Hotel), excellent access to the Town of Vail free bus system and ECO bus (2 minute walk), and many years of low parking demand at the current Solar Vail property. In addition, the applicant proposes to provide a bike share program to allow tenants another transportation option. The applicant will also be able to give leasing preference to tenants that do not own a vehicle. The Community Development Department finds that the proposed parking management plan and alternative transportation options are sufficient to address the transportation needs of the residents, especially if the applicant considers vehicle ownership as part of the tenant screening process. It stands to reason that if the transportation needs of the residents are met by means other than privately owned cars, then 114.6 parking spaces are not needed, nor should they be required. Overall, the Community Development Department finds that the proposed parking management plan will help to significantly reduce the demand for on-site parking, and that alternative transportation options, including walking, transit, and bicycles, will help to address many of the transportation needs of occupants. • Has the applicant demonstrated to the satisfaction of the Planning and Environmental Commission that the transportation needs of the Solar Vail Apartment residents can be met by alternative modes of transportation other than privately owned vehicles? VIII. REVIEW CRITERIA— HOUSING DEVELOPMENT PLAN According to Section 12-61-13, Development Standards/Criteria for Evaluation, Vail Town Code, the following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. The Solar Vail building is proposed in the same general location as the existing building. Due to the topography of the site and utilities on the property, this is the only reasonable location where the building can be developed. The site is restricted by steep slopes to the north (portions of which have been previously disturbed), a 20' utility easement along the east side of the lot, a 30' utility easement along the south side of the lot, and another 20' utility easement along the southwest corner of the lot. The site is designed to maximize solar exposure to the driveway and outdoor parking areas on the south side of the building, and to maximize passive solar gain at many of the residential units. The building is 62' tall, but because of the hill at the rear of the building it should not appear overly tall. There are no nearby residential uses to impact with the additional building height. The added height will have no negative impacts on the adjacent open space and public uses (school and gymnastic center). Allowing a portion of the rear of the building to encroach onto previously disturbed slopes greater than 40% will allow for additional EHUs and helps to reduce the height and the perceived bulk and mass of the building. A similar building design, with a height of 80' and 82 EHUs was approved by the PEC for this site in 2008. The proposed building is similar in design, but smaller in overall bulk, mass and height. Staff finds the proposed development plan meets this review criterion. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. The building, improvements, uses and activities have been designed and located on the site to be functional and responsive to the site, the surrounding neighborhood and the community as a whole. The Solar Vail property is zoned Housing (H) district. As a result, the only permitted residential use for this property is deed restricted employee housing. The proposed use of the site, with 100% of the residential units developed as deed restricted employee housing, is consistent with the intended use of the site and the development objectives of the Town of Vail. The provision of EHUs is further supported by numerous community policies, plans and goals. The building is designed to respond to the limitations of the site and to optimize the use of the site. A majority of the building footprint is on the flatter portion of the site, while a small portion (1,345 sq. ft.) of the building footprint is on steep slopes that have been previously disturbed. The proposed site plan will help to reduce site grading, and will re -use the existing retaining walls on the south side. The driveway is proposed in the same general area as the existing driveway, which will further reduce the need for more site disturbance and new retaining walls. Existing vegetation on the south side of the building will also be preserved. Staff finds the proposed development plan meets this review criterion. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and, when possible, are integrated with existing open space and recreation areas. Functional open space on the property is limited due to the steep slope at the rear of the building. While this area will remain open, it is too steep to be used for recreational purposes. Because the adjacent property to the east and north is open space, there will be adequate buffering between the proposed uses and surrounding properties. The proposed landscape plan is limited based on the reduced setbacks, and the Town's Fire - Resistant Landscaping Guidelines, which recommend keeping trees at least 15' from buildings. Staff is investigating the option to install landscaping on the property to the west, which is owned by the Town of Vail. Existing trees on the south side of the building, between the driveway and N. Frontage Road, will be preserved. Additionally, new trees are proposed along the berm to the south of the driveway. These trees will help to provide functional screening of the development when viewed from the south. Staff finds the proposed development plan meets this review criterion. D. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. A pedestrian circulation system has been designed into the site plan, which includes a sidewalk along the access driveway, as well as two sidewalks proposed at the west side of the building to connect to the bus stop at the Red Sandstone Elementary School. These sidewalks will provide for safe pedestrian connections to the existing sidewalk along the N. Frontage Road, and to the existing pedestrian bridge to Lionshead. Vehicular access is proposed in approximately the same location as the existing driveway, at the southeast corner of the property. A portion of the driveway is proposed to encroach onto Town of Vail property to the east, which is necessary to meet the driveway grade requirements and for safe turning movement for vehicles. The applicant has obtained permission from the Vail Town Council to proceed through the development review process with this encroachment. If the Solar Vail development is approved, an easement license agreement for the driveway will be provided by the Town. Staff finds the proposed development plan meets this review criterion. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. No significant environmental impacts were identified on the property as a result of the applicant's proposal. The need for an environmental impact report was waived during the 2008 review of this application. The Community Development Department does not believe that an environmental impact report is necessary for this application. Staff finds the proposed development plan meets this review criterion F. Compliance with the Vail comprehensive plan and other applicable plans. The Solar Vail Development Plan is in compliance with the Vail Comprehensive Plan and advances the employee housing goals objectives of the Town. The development of employee housing units is supported by the Vail Housing 2027 Strategic Plan, the Town of Vail Economic Development Plan, and the Environmental Strategic Plan, and furthers the actions/strategies outlined with the Vail 20/20 Strategic Plan. The proposed private development of deed restricted EHUs will help advance the Town's goals of obtaining 1,000 new employee housing deed restrictions over the next 10 years. By developing more EHUs within Town, total vehicle miles traveled from workers commuting into Vail can be reduced, helping to reduce the Town's green house gas emissions. This development will upgrade the existing employee housing base. Also, this infill project will allow the community to grow in a controlled environment in an existing developed area. Staff finds the proposed development plan meets this review criterion. IX. REVIEW CRITERIA — CONDITIONAL USE A 1,525 square foot professional office, which will be used by the applicant to manage their on-site and off-site employee housing units, is proposed as part of the development. The proposed office is located on the first floor (above the parking level) near the main lobby of the building. In the Housing (H) district, business offices and professional offices are a conditional use requiring the issuance of conditional use permit. Following are the relevant sections of the Vail Town Code relating to business offices and professional offices in the Housing (H) district: 12-6I-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit.- Business ermit:Business offices and professional offices, as further regulated by section 12-16-7 of this title. 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS 15. Business offices and professional offices in the housing (H) district.- a. istrict. a. Business and professional offices shall be secondary to the residential use of the district. The net floor area of the office use shall be not greater than fifteen percent (15%) of the net floor area of the development site. b. The sale of merchandise shall be prohibited. c. Off street parking shall be provided in accordance with the provisions of chapter 10 of this title and shall be clearly separate from the area designated for residential parking. d. No overnight parking or storage of commercial vehicles associated with the professional or business office use shall be permitted. e. Signage shall be permitted in accordance with subsection 11-6-3A of this code, business signs within sign district 1, and shall be subject to design review. f. The number of employees allowed in a business office or professional office within the housing district shall not exceed one employee for each two hundred (200) square feet of net floor area. g. Homeowners' association or property owner approval shall be required of all conditional use permit applications for a professional office or a business office within the housing (H) district pursuant to subsection 12-11-4B 1 d of this code. Before acting on a Conditional Use Permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. The Community Development Department finds the proposed uses to be consistent with the development objectives of the Town of Vail. Specifically, the proposed uses will support the management of the applicant's on-site and off-site employee housing units, and employee housing has been identified as a critical issue in the community. During the development of the Vail 20/20 Focus on the Future — Strategic Action Plan, participants placed workforce housing as a top priority for the community and government leaders to address. The Community Development Department finds this criterion to be met 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. The proposed conditional use will have minimal, if any, negative impacts on light and air, distribution of population, utilities, schools, parks and recreation facilities, and other public facilities needs. The proposed office use is small (3.8% of the building size) in relation to the overall size of the building. There will likely be some minor impacts from the proposed uses on transportation facilities, including impacts on local roads, the demand for parking, and transit. The Community Development Department finds this criterion to be met. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. There will be some minor impacts from the proposed office use on local transportation facilities, including the demand for parking and deliveries to the building. Based on the expected peak parking times for office use, which is opposite the peak parking times for residential uses, staff finds the proposed office use to have little impact on transportation at the property, and the office itself will be very small, and will have no significant impact on the overall transportation network of the community. The Community Development Department finds this criterion to be met. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The proposed office use will have no significant impacts on the character of surrounding area. The office use, which is customary within a residential apartment development, will be inside the residential building, and so the character of the area is not impacted by the office use. The Community Development Department finds this criterion to be met. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title. The Community Development Department has determined that an environmental impact report is not required by Chapter 12. This decision was made because the site has been previously disturbed, there is no significant impact on vegetation, and there are no known wildlife impacts. The development will not affect the appearance or character of a scenic area, and otherwise does not meet any of the applicability criteria in the Town Code to require an environmental impact report. X. REVIEW CRITERIA — VARIANCES The applicant has requested variances from the following code requirements, including: • Section 12-61-8, Parking and Loading, Vail Town Code to allow parking in the front and side setbacks; • Section 12-10-9, Loading Standards, Vail Town Code, to allow for a loading berth less than the required dimensions; • Section 12-21-10, Development Restricted, Vail Town Code, to allow for development on a slope greater than forty percent (40%); • Section 14-5-1, Minimum Standards, Vail Town Code, to allow for greater than twenty five percent (25%) of the required parking spaces to be compact parking spaces; • Section 14-6-7, Retaining Walls, Vail Town Code, to allow retaining walls with an exposed face height over six feet (6') tall and over three feet (3') tall within the front setback CHAPTER 12-17: VARIANCES (in part) 12-17-1: Purpose: A. Reasons for Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of chapter 11 of this title, governing physical development on a site. 12-21-14: RIGHT OF APPEAL: (HAZARD REGULATIONS) Nothing in this chapter shall be deemed to deny any interested person his/her rights to appeal the decision of the administrator in accordance with section 12-3-3 of this title. In addition, nothing in this chapter shall be deemed to deny any interested person his/her rights to seek a variance from the requirements of this chapter. Variances shall be governed by the provisions of chapter 17 of this title. The review criteria for variances are prescribed in Chapter 12-17, Variances, Vail Town Code. Variance #1 - Section 12-61-8, Parking and Loading, Vail Town Code to allow parking in the front and side setbacks; 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff finds that allowing parking in the front and side setback will not negatively affect the other existing or potential uses and structures in the vicinity. Existing parking at the site is within both front and side setbacks. The adjacent use to the west is a school and gymnastics center, but the location of the parking, which is below a tall retaining wall, is not visible. In the proposed plan, parking will be similar on the west side of the lot. Landscaping will help to screen the parking area when viewed from the west, and the existing berm on the south property line will remain, to screen parking when viewed from the south. The Community Development Department finds the proposed variance conforms to this criterion 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Staff finds the proposed relief from the setback regulations is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity and to attain the objectives of this title without a grant of special privilege. The variance will allow for the development of deed restricted employee housing, which is the only permitted building type in the Housing (H) district. Without the variance, the parking would need to be reduced by five (5) spaces, which would impact the already reduced parking supply. The parking spaces are proposed fourteen feet (14') from the west property line, and eleven feet (11') from the south property line. A total of five (5) spaces are proposed within these setback areas. The Community Development Department finds the proposed variance conforms to this criterion. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The proposed parking location will have no impact on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, or public safety. The Community Development Department finds the proposed variance conforms to this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Variance #2 - Section 12-10-9, Loading Standards, Vail Town Code, to allow for a loading berth less than the required dimensions; 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff finds this proposal will not negatively affect the other existing or potential uses and structures in the vicinity in comparison to existing conditions. The loading berth will be used only sporadically, and its location and reduced dimensions will have no impact on existing or potential uses or structures in the vicinity. The Community Development Department finds the proposed variance conforms to this criterion. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. The applicant proposes to construct a loading berth of ten feet (10') by twenty-eight feet (28'). The required dimension is twelve feet (12') x thirty-five feet (35'). Staff finds the proposed relief from the regulations will allow the applicant to attain the objectives of this title without a grant of special privilege. This relief will allow for on-site loading berth without impacting the other on-site parking. The Community Development Department finds the proposed variance conforms to this criterion. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The reduction in the size of the loading berth will have no impacts on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, or public safety. The Community Development Department finds the proposed variance conforms to this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Variance #3 - Section 12-21-10, Development Restricted, Vail Town Code, to allow for development on a slope greater than forty percent (40%) 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff finds this proposal will not negatively affect the other existing or potential uses and structures in the vicinity in comparison to existing conditions. The portion of the site that is over 40% slope is at the rear of the building, and will have no impacts to other existing or potential uses and structures in the vicinity. Only a small portion of the building (about 1,345 square feet, or 10% of the building footprint) will be on the steep slope portion of the site. This area has been previously disturbed, resulting in a man-made condition. Staff and the applicant have been unable to determine the original grade of the site, but we are confident that the natural grade of the site was significantly more gradual than the existing man- made slope of 70%. The building will be constructed into the hillside, and no retaining walls are proposed at the rear of the building. The hillside will be revegetated with natural grasses to appear similar to its current condition. The Community Development Department finds the proposed variance conforms to this criterion 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Staff finds the proposed relief from the steep slope regulations is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity and to attain the objectives of this title without a grant of special privilege, as conditioned. The adjacent Red Sandstone Elementary School and the Vail Gymnastics Center were also developed on steep slopes, and the sites were re -graded to create a flatter development site. The Community Development Department finds the proposed variance conforms to this criterion. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The granting of a variance will have no impact on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities. The applicant will be required to provide a site specific geologic investigation and report from a professional geologist or registered professional engineer for the project as a result of the entire property being located within a medium severity rockfall hazard area. This study will address public safety, but there is anticipated to be no impact to public safety as a result of this small amount of development on steep slopes. The site specific geologic investigation and report will be required prior to the application for a building permit. The Community Development Department finds the proposed variance conforms to this criterion 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Variance #4 - Section 14-5-1, Minimum Standards, Vail Town Code, to allow for greater than twenty five percent (25%) of the required parking spaces to be compact parking spaces 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff finds this proposal will not negatively affect the other existing or potential uses and structures in the vicinity in comparison to existing conditions. The size of the parking spaces will have no impact on adjacent or nearby properties. The Community Development Department finds the proposed variance conforms to this criterion. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Staff finds the proposed relief from the parking requirements to permit greater than twenty five percent (25%) of the required parking spaces to be compact parking spaces will help the project to attain the objectives of this title without a grant of special privilege, namely the provision of on-site parking. The strict or literal enforcement of this regulation would lead to a reduction in the number of parking spaces. The small size of the parcel, and the requirements for the location of structural posts for the building, have led to the reduced parking space sizes. The Community Development Department finds the proposed variance conforms to this criterion. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The provision of more compact parking spaces will have no impact on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The Community Development Department finds the proposed variance conforms to this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Variance #5 - Section 14-6-7, Retaining Walls, Vail Town Code, to allow retaining walls with an exposed face height over six feet (6') tall and over three feet (3') tall within the front setback. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff finds this proposal will not negatively affect the other existing or potential uses and structures in the vicinity in comparison to existing conditions. The proposed retaining wall along the front of the property is between 8' - 9' tall, located between the proposed driveway and the landscaped area on the south side of the lot. The retaining wall is required in order for the driveway to meet required grades. The taller retaining wall will help to maintain the existing berm and landscaping on the front of the property, and will help to ensure that the parking areas and the driveway are screened. The existing retaining wall on the site is nine (9) feet tall, and will be preserved and re- used as part of this development. The retaining walls will only be visible from inside this development, and will not be visible from the public right-of-way. The Community Development Department finds the proposed variance conforms to this criterion. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Staff finds the proposed relief from the retaining wall height regulations is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity and to attain the objectives of this title without a grant of special privilege. Several properties along N. Frontage Road West have similar tall retaining walls, due to the steep slope of the land. These properties include Red Sandstone Elementary School (11' tall), Timber Ridge Apartments (15' tall), Lion's Ridge Village Apartments (17' tall), and Middle Creek Apartments (8' tall). The Community Development Department finds the proposed variance conforms to this criterion. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The proposed retaining walls will have no impact on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, or public safety. The Community Development Department finds the proposed variance conforms to this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. XI. STAFF RECOMMENDATIONS The Community Development Department recommends the Town of Vail Planning and Environmental Commission, approves with conditions the applicants' request for a Development Plan pursuant to section 12-61-11, Development Plan Required, Housing (H) District, Vail Town Code, to allow for the future development of Employee Housing Units on the Solar Vail Parcel located at 501 N. Frontage Road West, Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto (PEC17-0046). Staffs recommendation is based upon the review of the criteria and findings outlined in Section VIII of this memorandum and the evidence and testimony presented before the Commission. Motion: Development Plan Approval (PEC17-0046) Should the Planning and Environmental Commission choose to approve this request; the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with condition(s), the applicants' request for a Development Plan, pursuant to section 12-61-11, Development Plan Required, Housing Zone District, Vail Town Code, to allow for the future development of Employee Housing Units on the Solar Vail Parcel located at 501 N. Frontage Road West, Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto (PEC 17-0046). " Conditions: 1. Approval of this development plan is contingent upon the applicant obtaining Town of Vail approval of an associated Design Review Board application. 2. The Applicant shall obtain an access agreement from the Town of Vail, in a form acceptable to the Town Attorney, for any and all driveway improvements on, over or across Town owned Tract A, Middle Creek Subdivision. Such agreement shall be executed prior to issuance of a building permit. 3. Concurrent with the submission of a building permit application, the applicant shall submit a site specific geological investigation, in accordance with Section 12-21-13, Vail Town Code, for any proposed development within a mapped Rockfall Hazard Area. The applicant shall be responsible for any changes to the building permit plans required by the professional geologist or registered professional engineer who prepared the report. 4. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for the building, the applicant shall legally execute and record with the Eagle County Clerk and Recorder the Town of Vail Type VI employee housing unit covenant for all sixty-five (65) residential units within the building. 5. Prior to issuance of a building permit, the applicant shall exchange nine (9) existing deed restrictions on the property to other locations in the Town, though the Employee Housing Unit Deed Restriction Exchange Program, Section 12-13-5 Vail Town Code. Should the Town of Vail Planning and Environmental Commission choose to approve with condition(s) the development plan, the Community Development Department recommends the Commission makes the following findings: "Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. 2. Proposed building setbacks provide adequate availability of light, air and open space. 3. Proposed building setbacks provide a compatible relationship with buildings and uses on adjacent properties. 4. Proposed building setbacks result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. 5. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. 6. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. 7. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. 8. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. 9. An Environmental Impacts Report is waived for this project. 10. The project is in compliance with the Vail comprehensive plan and other applicable plans. " Motion: Conditional Use Permit Approval (PEC17-0050) The Community Development Department recommends the Planning and Environmental Commission approves, with conditions the Conditional Use Permit for a 1,525 square foot professional office within the Solar Vail building, PEC17-0050. This recommendation is based upon the review of the criteria outlined in Section IX of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this Conditional Use Permit request, the Community Development Department recommends the Commission passes the following motion: "The Planning and Environmental Commission approves, with conditions, this request for a Conditional Use Permit pursuant to Section 12-6I-3, Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for the operation of a professional office for management of employee housing units, within the Solar Vail employee housing development located at 501 N. Frontage Road West /Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (PEC 17-0050) " Conditions: This Conditional Use Permit shall lapse and become void if a building permit is not obtained and diligently pursued toward completion or the approved use has not commenced within two (2) years from the date of approval. Any conditional use which is discontinued for a period of two (2) years, regardless of any intent to resume operation, shall not be resumed thereafter; any future use of the site or structures thereon shall conform to the provisions of Title 12, Vail Town Code. 2. Failure of the applicant to adhere to these conditions of approval may require review of this Conditional Use Permit, including a public hearing by the Planning & Environmental Commission, and may result in revocation of this permit. Should the Planning and Environmental Commission choose to approve this Conditional Use Permit request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section IX of the Staff memorandum to the Planning and Environmental Commission dated November 13, 2017 and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed Conditional Use Permit is in accordance with the purposes of the Housing (H) district. 2. The proposed location of the use and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed Conditional Use Permit complies with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code." Motion: Variance Approval (PEC17-0051) Should the Planning and Environmental Commission choose to approve these variance requests, the Community Development Department recommends the Commission makes the following motion: "The Planning and Environmental Commission approves variances pursuant to Title 12, Chapter 16, Variances, Vail Town Code, to allow for variances for the Solar Vail development located at 501 N. Frontage Road West/Lot 8, Block 2, Vail Potato Patch Filing 1 from the following regulations: (a.) A variance from Section 12-6I-8, Parking and Loading, Vail Town Code to allow parking in the front and side setbacks; (b.) A variance from Section 12-10-9, Loading Standards, Vail Town Code, to allow for a loading berth smaller than the required dimensions; (c) A variance from Section 12-21-10, Development Restricted, Vail Town Code, to allow for development on a slope greater than forty percent (40%); (d.) A variance from Section 14-5-1, Minimum Standards, Vail Town Code, to allow for greater than twenty five percent (25%) of the required parking spaces to be compact parking spaces; (e.) Variances from Section 14-6-7, Retaining Walls, Vail Town Code, to allow retaining walls with an exposed face height over six feet (6) tall and over three feet (3) tall within the front setback and setting forth details in regard thereto. (PEC17-0051)" Should the Planning and Environmental Commission choose to approve these variance requests, the Community Development Department recommends the Commission makes the following findings: "Based upon a review of Section X of the November 13, 2017 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The granting of these variances will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Housing (H) District. 2. The granting of these variances will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. These variances are warranted for the following reasons: a. The strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. X11. ATTACHMENTS A. Vicinity Map B. Solar Vail Development Plan, dated November 8, 2017 C. Solar Vail Plan Set, dated October 16, 2017 D. Applicant Narrative, dated November 8, 2017 E. Solar Vail Parking Management Plan, dated October 25, 2017 F. Solar Vail Walking Distance Map G. Minutes of the Planning and Environmental Commission, April 10, 2017 Attachment B - Solar Vail Development Plan Solar Vail Approved Development Plan Adopted by the Town of Vail Planning and Environmental Commission November 13, 2017 Table of Contents I. Statement of Intent II. Approved Development Plan III. General Information IV. Definitions V. Development Standards A. Permitted Uses B. Conditional Uses C. Accessory Uses D. Setbacks E. Site Coverage F. Landscaping and Site Development G. Parking and Loading H. Additional Development Standards VI. Open Space/Recreation VII. Conditions of Approval VIII. Development Timing IX. Amendment Procedures X. Exhibits Statement of Intent The purpose of the Solar Vail Approved Development Plan is to facilitate the redevelopment of the Solar Vail property located at 501 N. Frontage Road West Lot 8, Block 2, Vail Potato Patch Filing 1, in Vail, Colorado. It shall be the intent of this Approved Development Plan to develop 65 for -rent, deed -restricted employee housing units in a mix of studio, one -bedroom, two- bedroom, and three-bedroom apartments geared primarily towards employees at the Sonnenalp Hotel (also owned by the owner/developer of Solar Vail) but which may also be offered for rent to other qualified employees consistent with terms of the recorded deed restriction. The property will also contain professional offices for management of the on-site and off-site employee housing units. The Approved Development Plan is intended to provide for redevelopment of the site in approximately the same location as the existing Solar Vail building (built from 1976-1978), on the flatter portions of the site and to avoid, to a great extent, development on steeper slopes to the north. However, a small portion of the development will be on a steep portion of the site, which contains slopes of 40% or greater. Variances have been obtained for development on the steeper parts of the site (PEC17-0051). The development of the property will respect existing landscaping on the south side of the property, which will be preserved to help screen the development when viewed from the public right -of way. Because the property is use as deed restricted housing for employees of the Sonnenalp Hotel, it is a primary goal of this development to construct the new Solar Vail building between April 2018 and November 2018, using a systems -built approach. Not meeting these critical construction dates will result in serious impacts to the staffing and operation of the Sonnenalp Hotel. Redevelopment of the Solar Vail Parcel is intended to achieve and advance the following goals: Solar Vail Development Goals o Develop 65 new employee housing units o Construct the building when the Vail Ski Resort is closed, between April 2018 and November 2018 o Deliver desirable and diverse types of housing products to meet the needs of the Sonnenalp Hotel employees and other employees within the Town of Vail o Utilize alternate modes of transportation to minimize the need for on-site parking and lessen the reliance upon private owner vehicles o Provide professional office space for the management of the Solar Vail employee housing units, and other employee housing units owned by Sonnenalp Properties or associated with the Sonnenalp Hotel o Build responsibly given the existing site configuration and topography of the site The Approved Development Plan shall remain in effect for the life of the development, and may be amended from time to time, upon review and approval by the Town of Vail, as part of an established amendment procedure as outlined in Section 12-61-11 E of the Zoning Regulations of the Vail Town Code. 2 Approved Development Plan This Approved Development Plan has been prepared in accordance with the provisions of Section 12-61-11 of the Zoning Regulations of the Town of Vail. To ensure unified development, protection of the natural environment, compatibility with the surrounding area and that development on the Solar Parcel meets the intent and development objectives of the Town of Vail, an approved development plan shall be required. The Solar Vail Approved Development Plan shall include this document and the attached Development Plan Set, dated November 8, 2017. (PEC17-0046) III. General Information Solar Vail is to be developed to meet the growing demand for rental, deed restricted employee housing in Vail. To that end, a mix of housing product types that are desirable in the eyes of prospective tenants and financially feasible for the developer is the intended outcome of the Solar Vail development. Once adopted, an approved development plan, along with any applicable land use regulations contained in the Town's Zoning Regulations, become the principal governing documents for land use and dimensional requirements and limitations on the property. The development plan shall remain in effect for the life of the development, and may be amended from time to time, as deemed appropriate, as part of an established development review process. The Town of Vail Zoning Regulations, in effect at the time of adoption, shall prevail in the event that the Approved Development Plan is silent on a particular issue. In the event that the Approved Development Plan is in conflict with Town of Vail Zoning Regulations, the Approved Development Plan shall prevail. IV. Definitions Approved Development Plan: The set of development plans approved by the Town of Vail Planning and Environmental Commission on November 13, 2017 entitling development on the Solar Vail Parcel. Solar Vail Parcel: The parcel of land legally described as Lot 8, Block 2, Vail Potato Patch Filing 1, Town of Vail, County of Eagle, State of Colorado. Applicant: Sonnenalp Properties, Inc., and their representatives, heirs, successors and assigns. V. Development Standards According to the Official Zoning Map of the Town of Vail, the Solar Vail Parcel is zoned Housing (H) District. Development on the Solar Vail Parcel shall be governed by the following development standards: A. PERMITTED USES: Permitted uses for the Solar Vail Parcel shall be those uses identified in Section 12-61-2: Permitted Uses, Vail Town Code. 3 B. CONDITIONAL USES: Conditional uses for the Solar Vail Parcel shall be those uses identified in Section 12-61- 3: Conditional Uses, Vail Town Code. (PEC17-0050) C. ACCESSORY USES: Accessory uses for the Solar Vail Parcel shall be those uses identified in Section 12-61- 4: Accessory Uses, Vail Town Code. D. SETBACKS: Setbacks for the Solar Vail Parcel shall be as shown on the Approved Development Plan. E. SITE COVERAGE: Site Coverage for the Solar Vail Parcel shall be 13,208 square feet or 30.3% as shown on the Approved Development Plan. F. LANDSCAPING AND SITE DEVELOPMENT: Minimum landscaping for the Solar Vail Parcel shall be 19,291 square feet or 44.2% as shown on the approved development plan. G. PARKING AND LOADING: Off street parking and loading shall 34 parking spaces as shown on the Approved Development Plan. The Solar Vail Development Plan provides fewer parking spaces than required by the Vail Town Code. As part of this Approved Development Plan, a modification to the number of required spaces is approved, as described in the Solar Vail Parking Management Plan, dated October 25, 2017. The approved parking for the Solar Vail Development Plan is illustrated on Sheets A201 and A202, GPSL Architects, P.C. dated November 8, 2017, and included in the development plan. A variance (PEC17- 0051) for the dimensions of the loading berth has also been approved as part of the review of this development plan. H. ADDITIONAL DEVELOPMENT STANDARDS: In the Housing (H) District, development standards in each of the following categories shall be as proposed by the applicant as prescribed by the Planning and Environmental Commission, and as adopted on the Approved Development Plan: 1. Lot area and site dimensions. The minimum lot area for the Solar Vail Parcel shall be one acre (43,560 sq. ft.) with 22,259 square feet of buildable area. 2. Building height. 0 The maximum allowable building height for the development on the Solar Vail Parcel shall be as demonstrated on the Approved Development Plan. In no case shall the maximum height of any building in the Solar Development exceed sixty- two feet (62'). Building height calculations shall be determined based upon the stamped topographic survey from Inter -Mountain Engineering dated November 3, 2017 (and stamped by John D. McMahan on November 4, 2017). 3. Density Control Dwelling Units per Acre - A total density of 65 dwelling units per acre, and a maximum of 127 dwelling units per acre of buildable area, is approved for the Solar Vail Parcel. Gross Residential Floor Area (GRFA) A total of up to 38,000 square of Gross Residential Floor Area (GRFA) is approved for the Solar Vail Parcel. Commercial Floor Area — The maximum amount of commercial floor area, which shall be dedicated to professional office uses only, shall be 1,525 square feet and shall be subject to the terms and conditions of the Conditional Use Permit (PEC17-0050). VI. Open Space/Recreation Passive outdoor recreation areas and open spaces are permitted uses within the development. However, due to the limited areas of the site that are reasonable for development, there are very limited opportunities for on-site recreation areas and usable open space. As a result, there are no requirements for on-site recreation areas as part of this Approved Development Plan. VII. Conditions of Approval 1. Approval of this development plan is contingent upon the applicant obtaining Town of Vail approval of an associated Design Review Board application. 2. The Applicant shall obtain an access agreement from the Town of Vail, in a form acceptable to the Town Attorney, for any and all driveway improvements on, over or across Town owned Tract A, Middle Creek Subdivision. Such agreement shall be executed prior to issuance of a building permit. 3. Concurrent with the submission of a building permit application, the applicant shall submit a site specific geological investigation, in accordance with Section 12-21- 13, Vail Town Code, for any proposed development within a mapped Rockfall Hazard Area. The applicant shall be responsible for any changes to the building permit plans required by the professional geologist or registered professional engineer who prepared the report. 4. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for the building, the applicant shall legally execute and record with the Eagle County Clerk and Recorder the Town of Vail Type VI employee housing unit covenant for all sixty-five (65) residential units within the building. 5 5. Prior to issuance of a building permit, the applicant shall exchange nine (9) existing deed restrictions on the property to other locations in the Town, though the Employee Housing Unit Deed Restriction Exchange Program, Section 12-13-5 Vail Town Code. VIII. Development Timing Development of the Solar Vail parcel is intended to be completed in one construction season, between April and November 2018. The constructing timing is critical for the owner of the Solar Vail Parcel in order to ensure that the property is available for occupancy in time for the 2018-2019 ski season and busy holiday season at the Sonnenalp Hotel, also owned by the Applicant/Developer of Solar Vail. IX. Amendment Procedures Upon adoption, it is recognized that the Approved Development Plan may need to be amended from time to time. As such, amendment procedures are hereby adopted as an element of the Approved Development Plan. Amendments to the Approved Development Plan will be considered in accordance with the provisions of Section 12-61- 11(E) of the Vail Town Code. X. 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We are submitting for the final review of a proposed employee housing project to be located on the current Solar Vail site. The project has changed only slightly since you last saw it; we took out 3 units that would be too expensive to build due to cuts into the hillside. We now have 65 units. Any other changes are evolutionary as we refine the design in response to the construction technology and Building Code review. History: In late 2007, the current owner received approval to re -zone the property from HDMF to the Housing zone district. This was done because the Housing zone district offered more flexibility in terms of the number of EHU's allowed on the site as well as the fact that the PEC is allowed to determine many of the design standards. In 2008, we received unanimous PEC and DRB approval for a project on this site: that building had 6 levels of EHU's over two levels of parking; 80' maximum building height, with 82 EHU's and 4800 sf of professional office space. Approvals included a variance for permission to build into the man-made 40% slope behind the building, encroachments into the west side setback, and a reduction in the required parking for the EHU's. That project did not proceed as the downturn in the economy hit and the simple fact was that the numbers didn't work. They still do not work for that building. The building we are proposing this time is similar in design but smaller and easier to build. We believe this updated design will still address the needs of the Applicant and the Community but offer more sound financial metrics. The Site: The approximately 1 acre site is bordered to the south by the 1-70 right-of-way, to the east by TOV owned lands, to the west by the Red Sandstone/VRD Gymnastics Center and to the north by steeply sloping TOV owned open space. Access from the Frontage Road is via a driveway that crosses the TOV owned property; the existing access road does not meet and cannot meet TOV driveway standards due to the steepness and the angle of intersection with the Frontage Road. GPSL ARCHITECTS, P.C. 953 S. Frontage Road West, Suite 230 ■ Vail, CO 81657 ■ tel: 970.476.1 147 info@gpslarchitects.com ■ www.gpsiarchitects.com Solar Vail Conceptual Review- 16 October 2017 2 The buildable area of the site is severely reduced on the north side by the steepness of the open slope. Down near the existing building, some of the slopes exceed 40% although it appears that these slopes were the result of grading done during construction of the existing building. (It should be noted that the VRD Gymnastics center next door is built into this same slope.) Along the east property line is a 20' utility easement with only electric service therein. The south property line is encumbered with a 30' utility easement and another 20' utility easement that branches off to the northwest and effectively cuts off the southwest corner of the site. All in all, less than 50% of the site is buildable per the TOV Code but it does allow for the proposed development if the PEC and utility companies will allow the necessary minor encroachments. Utility company sign -offs are in progress at this time. For employee housing, the site could not be more ideal and unique in terms of its location relative to both village cores, recreational opportunities and public transit. There are no neighbors to complain about adverse impacts. It offers a 7 minute walk down to the Lionshead gondola and only 12 minutes back uphill from the Firstbank on Vail Road. Many of the current residents choose to walk east to Town rather than wait for the busses. The building is served by three TOV bus routes immediately adjacent to the site at RSES and more TOV and ECO routes are accessed by the short walk across the pedestrian bridge. The Existing Building: The existing building consists of 24 single bedroom units on three floors. It was built in the mid 70's and offers only Spartan accommodations. One level of parking is at grade, half of which is tucked under the south side of the building and half of which is in the front setback. The building currently serves as employee housing for Sonnenalp Properties. Employee usage of the parking is very low- typically 6-8 cars during the Winter season. Vacant spaces are often used for Hotel staff and as overflow parking for the Hotel. The roof of the existing building is an "antenna farm" that provides cell phone service from the mouth of Dowd Junction eastward to the golf course. At this time, only one provider is still on the building and we do not yet know if they will stay on the property. For the time being, we assume they will. This proposed project: In light of all the discussions and media reports on the dire state of employee housing in Vail and downvalley, the Owner decided that was a good time to take another look at the project that was approved back in 2008 and make the changes necessary to make the numbers work. Because the building is an important source of employee housing for the Owner, it is imperative that the start -to -finish on-site construction be completed between April and December. To minimize the construction duration, we are looking to use "systems built" technology that will allow pre -constructed and prefinished modules to be trucked to the site and erected quickly. This technology is not cost effective for a building more than 4 stories. Therefore, we are proposing a significantly smaller building GPSL ARCHITECTS, P.C. 953 S. Frontage Road West, Suite 230 ■ Vail, CO 81657 ■ tel: 970.476.1 147 info@gpslarchitects.com ■ www.gpsiarchitects.com Solar Vail Conceptual Review- 16 October 2017 3 than was approved in 2008: maximum building height of 4 stories over 1 level of on -grade parking instead of the previously approved 6 stories over 2 levels of parking. The EHU count will be 65 units and the office area has been reduced to less than 1250 sf net. We have added tenant amenities such as a small lobby, mail room, ski storage room and laundry rooms. The proposed building will not be limited solely to employees of the Sonnenalp. This location is ideal for employees of the Hospital and employers in the Village and Lionshead. It is also ideal for young families whose children will be attending RSES next door. The school has also indicated that it would be an ideal location for some of their teachers- most of whom now live west of Dowd Junction and get cut off when that section of highway closes. A number of units will be offered first each year to employees who do not work at the Hotel. As was presented at the conceptual meeting, we are requesting a substantial reduction in the required parking from what was approved in 2008. As housing is not a listed use in the Chapter 10 Schedule B parking schedule, the PEC determines the requirements. Our proposal is for 34 total spaces plus one dedicated loading space for Fed Ex / UPS delivery trucks. (We do not see a need for anything larger as they will not be able to get up and down the proposed driveway.) This number includes the parking in the front and side setbacks (6 spaces) and is all that will fit on the site on one level at the existing grades. Twenty-eight (28) of these spaces will be under the building (i.e. structured parking). While five (5) of these spaces are required to satisfy the Chapter 10 requirement related to office space - we would argue that this number should be reduced due to the fact that office hours and resident hours are complimentary and not conflictive. The restricted site area, the proximity to public transport, the short walking distance to the Villages and the historic lack of demand for parking on this site and would seem to justify the requested reduction. And, as in 2008, we are submitting a Parking Management Plan for PEC review and approval per section 12-61-8. Pending review and approval from the utility companies, small portions of the building are proposed to encroach into both side setbacks and we anticipate that once again we will be building into and above a small portion of the 40% slope on the west side of the lot. While the building shape and design will be similar to the one approved in 2008, this proposal is for a much reduced bulk and mass. Gone is one level of structured parking and two levels of units. As before, we intend to "hide" the top floor within the roof forms in order to reduce the apparent mass of the building. We have stepped the building down at the NE, SE and SW corners to further reduce the apparent mass. Proposed building materials are simple: mostly stucco (EIFS) with accents in cement board siding. Asphalt shingle roofing and exposed precast at the base. Landscaping will be kept to a minimum. The sun -baked hillside behind the building will be re-veg'd as necessary. The existing south side retaining wall and berm will be left as is. The existing west side retaining wall is failing and will be removed and the slope regraded to allow for snow storage in this area. It will be seeded with native grasses. The existing (2) spruce trees will be saved and re -planted and new aspen trees will be added to replace those removed and to screen the property from the traffic GPSL ARCHITECTS, P.C. 953 S. Frontage Road West, Suite 230 ■ Vail, CO 81657 ■ tel: 970.476.1 147 info@gpslarchitects.com ■ www.gpsiarchitects.com Solar Vail Conceptual Review- 16 October 2017 4 coming up the driveway of RSES. The ability to plant trees along the west side is severely restricted by the Vail Fire Dept's recommendation to keep any trees at least 15" from the building. We hope to work with the TOV to plant trees on the RSES site east of their driveway. Finally, the new building will coordinate with the Cellular Service providers to incorporate as much of their hardware into the building as possible. The design will include chimneys at each end that will house most, if not all, of the antennae and receivers. We hope that you will consider this project as submitted and give us final approval so that we may get this built in 2018. Information required by the TOV as part of the application: Describe the nature of the proposed use and measures proposed to make the use compatible with the other properties in the vicinity. Applicant response: The property is zoned in the Housing zone district and currently contains a building being used for employee housing. No change in this use is proposed. The only other buildings in the immediate vicinity are the VRD Gymnastics Center and Red Sandstone Elementary School. Having housing next to a school and rec center is a compatible use. The relation and impact of the use on development objectives of the Town. Applicant response: Employee housing is one of the Town of Vail's top priorities at this point in time. Expanding and improving this use is therefore consistent with the objectives of the Town. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facility needs. Applicant response: The proposed building is only one story higher than what exists now (and three stories lower than was approved in 2008) so there is little, if any, impact on the distribution of light and air. There are no neighbors on any side who will impacted. By increasing the quality and number of EHU's in such close proximity to Lionshead and Vail Village, the effect on the distribution of population is entirely positive. It allows more people to live close to their place of employment and recreation and provides the Town with an increased year-round population base that earns, spends and recreates within the Town. The effect on transportation is also entirely positive. Fewer cars driving into and out of town for the workday with the attendant decrease in demand for daytime parking in the structures or along the Frontage Roads. Better utilization of the existing bus system and pedestrian routes increases their efficiency and benefits the environment. These all combine to reduce the need for more/wider roads, parking, road maintenance, traffic management, etc. The effects on utilities are minimal as there are already utilities in place at the site and surrounding the site. While there are no plans at this time to include a solar array on the building, it is an ideal location for such an installation and we are planning to do more work toward the goal of incorporating PV solar into the building design. GPSL ARCHITECTS, P.C. 953 S. Frontage Road West, Suite 230 ■ Vail, CO 81657 ■ tel: 970.476.1 147 info@gpslarchitects.com ■ www.gpsiarchitects.com Solar Vail Conceptual Review- 16 October 2017 5 Red Sandstone elementary is operating below capacity. By increasing the number of EHU's and offering a wider mix of unit sizes, we are increasing the possibility that there will be families with young children at this location who will be able to walk to and from the school. There is really very little change from the existing in terms of the impact on parks and recreation facilities and the other public facilities in the Town. By increasing the number of residents in such close proximity to the Town and all it has to offer (including the Mountain), we are only serving to increase the rate of utilization of these facilities with no increase in vehicular traffic. The effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking area. Applicant response: A traffic study was done in conjunction with the much larger project approved in 2008. That study concluded that there was no appreciable increase in traffic to and from the site. No new turn lanes or other traffic flow control improvements were warranted. The currently proposed building is substantially smaller. And, by bringing more employees in closer to their place of employment and recreation, we are reducing traffic congestion. The reconfiguration of the driveway to the building will also aid in traffic flow as the drive will now intersect the Frontage road at a right angle instead of the acute angle that exists today. Most of the proposed parking on site will be under cover and snow removal requirements will be no different than exists already. On site snow storage will be per TOV requirements. The effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Applicant response: The existing 3 story -over -parking building is well hidden from most perspectives by the existing berm and retaining wall. We propose to keep the wall and berm on the south side to help mask the lower portions of the new building and minimize its bulk and mass. The new building is only proposed to be one story taller although the roof will be more prominent than the existing roof. This extra height will be masked by bringing the eave line of the proposed roof down to the floor line of the top floor. This proposed building is about 1/3 lower in height than the one approved in 2008 so it will be more in scale with the neighboring Gymnastics building and the school. GPSL ARCHITECTS, P.C. 953 S. Frontage Road West, Suite 230 ■ Vail, CO 81657 ■ tel: 970.476.1 147 info@gpslarchitects.com ■ www.gpsiarchitects.com Solar Vail Conceptual Review- 16 October 2017 Proposed Design parameters: Lot area (buildable): 42,637.5 sf (22,259 sf) Density: 65 EHU's (43 studios, 13 One Bedroom, 6 Two bedroom, 3 Three bedroom) Total building area: 58,500 sf GRFA: 38,000 sf Max Height above existing grade: approx. 67'-0" (at SE corner- does not include cell tower chimneys) Setbacks: North: 67'-0" South: 30'-0" East: 17'-6" West: 6'-0" (at stair) Parking: 34 spaces + 1 loading bay Site Coverage: 13,208 sf (30.3 %) Paved area (on site only): 6,083 sf Snow storage required (on site); 1,825 sf Snow storage provided (on site): 1,973 sf GPSL ARCHITECTS, P.C. 953 S. Frontage Road West, Suite 230 ■ Vail, CO 81657 ■ tel: 970.476.1 147 info@gpslarchitects.com ■ www.gpsiarchitects.com 0 Attachment E - Parking Management Plan Memo to: Town of Vail—Planning and Environmental Commission Revision Date: October 25 2017 Re: Solar Vail Development—Plan for Parking and Resident Transportation Background and Purpose: The proposed structure will consist of 65 rental units and approximately 1250 sq ft of net office space. The development includes 6 surface parking spaces and 28 spaces under the structure. The office space will be utilized primarily by the employee housing department of the Sonnenalp Hotel, with primary focus being the leasing and management of the subject property. Any remaining space would be occupied by other Sonnenalp employees such as accounting etc. The applicant will make application for Conditional Use Permit for the space not occupied for accessory uses. Town code would require 5 parking spaces for the office space, but since the office workers will be daytime only and could easily commute to the building by Sonnenalp shuttle from the hotel or downvalley, we think it is appropriate to allocate only 2 spaces to the office space. The remaining 32 spaces will serve the rental housing units. This works out to .49 Spaces per unit. As this does not meet the Planning requirement of 1.5 per unit, Applicant hereby submits its justification as to why this amount of parking is adequate in this situation, and outlines the plan for Parking and Resident Transportation. Existing use and Experience The existing building is comprised of 24 one bedroom units. During the winter season 2016/17, there were 46 employees housed at Solar Vail. Only 4 employees had cars on-site fulltime. This stems from the fact that the majority of tenants are seasonal employees, many of whom are foreign and do not have cars. In fact, the Sonnenalp assigned 4 of the Solar Vail spaces to employees from other Sonnenalp properties and regularly used Solar Vail parking to handle overflow vehicles from the hotel. Description of New Development The proposed development will consist of 43 studios, 13 one bedrooms, 6 two bedroom units and 3 three bedroom units. This will change from time to time, but we estimate the building will have about 110 beds—less than 2 people per unit on average. Obviously this is a very different situation than a dormitory building that a ski company might have with 3 , 4 or even 6 people per unit. So the ratio of parking spaces per bed is really more important than the ratio of spaces per unit. From speaking to other Landlords in the area, we conclude that the Solar Vail ratio of .31 spaces per bed is comparable to the ratio at other employee housing buildings that focus on seasonal employees_ Characteristics of Resident Population As discussed above, the majority of Sonnenalp's employees in Solar Vail will be seasonal employees (3 months), J-1 Visa employees (12 months) and Q -Visa employees (15 months) and other short term employees hired for the winter or summer season periods. These people tend to not have cars. Leasing Priorities It is important to recognize that parking in a Rental property is a very different issue than parking in a for -sale property because the Owner/Landlord has control over the residents. Other factors being equal, preference will be given to employees who do not have a car. We predict that there will be strong demand for the 16 units rented to non-Sonnenalp employees and this should allow this non -car preference. Advantages of Solar Vail Location Solar Vail's location is a huge factor in the parking requirements. It is a 7 minute walk across the pedestrian bridge from Solar Vail to the Lionshead gondola and 14 minutes to the Hotel. For those needing to go other locations or for after -work transit, there is a town bus stop on the North Frontage Road in front of the school next door. Bus routes stopping here include West Vail Red, West Vail Green, Lionsridge Loop, Sandstone and the westbound Highway 6 ECO bus. A 5 minute walk over the pedestrian bridge to the Concert Hall Plaza bus stop adds access to the in -town bus and both West Vail routes. And most ECO routes stop at the Lionsridge transit stop which is only a 6 minute walk from Solar Vail. The new building will provide ample locked bicycle storage for residents and will provide 3 "town cruiser bikes" for common use. Parking at Other Sonnenalp properties For employees that do have a car, the Sonnenalp can offer alternate housing at its other employee housing locations, including Bighorn Lodge (9 studios and 5 one bedrooms) which have ample parking options. The excess parking available at these locations could also be utilized as off-site parking for Solar Vail residents if the need arises. Sonnenalp shuttle transportation for residents If there is a demonstrated need for it, the Sonnenalp could operate a shuttle bus to make runs to shopping, other work -places, or other uses. This would encourage and facilitate tenants without cars. mtimi;i�lk AwSr— xf Of, Attachment G - PEC Minutes of April 10, 2017 TOWN OF PLANNING AND ENVIRONMENTAL COMMISSION April 10, 2017, 1:00 PM Vail Town Council Chambers 75S. Frontage Road -Vail, Colorado, 81657 (Note: The minutes below are specific to the Solar Vail work session, PEC17-0005, and do not include other topics, issues and projects that were discussed at the meeting of April 10, 2017. For a complete set of minutes please contact the Town of Vail Community Development Department) 1. Call to Order Members Present: Brian Gillette, Pam Hopkins, Ludwig Kurz, John -Ryan Lockman, Karen Perez, John Rediker, and Brian Stockmar Members Absent: None Swearing-in New PEC Members Site Visits: Solar Vail, 501 North Frontage Road West Plaza Lodge, 291 Bridge Street 3. A request for a worksession for a conceptual 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 Solar Vail parcel, located at 501 N. Frontage Road West, Vail Potato Patch Filing 1, Block 2, Lot 8. (PEC17-0005)— 60 min. Applicant: Sonnenalp properties, represented by GPSL Architects Planner: Chris Neubecker Neubecker distributed a letter from the property owner and then provided a summary of the concept plans. The summary included discussion on the following items: the number of units, zoning district, parking requirements, proposed modular construction method, and site access. Commissioner Stockmar: Asked if the units would be limited to Sonnenalp employees. Neubecker: Will let the applicant address the question, but believes it is primarily intended for Sonnenalp employees and then will be opened up to outside employees if there are any remaining vacancies. Commissioner Gillette: Asked about the parking requirements for the project. Neubecker clarified. Commissioner Stockmar: Stated that the amount of required parking and which business has their employees living in the structure, are tied together. Employees of businesses farther from core of town will be more likely to need cars and parking. Commissioner Gillette: There is a lack of parking in Vail in general and he is concerned that even though tenants that live in the building do not use the parking, based on his observations at the site visit, the parking spaces are still being occupied by someone. Neubecker: The burden of proof is on the applicant, but they are asking the PEC to take into account the proximity to transit and the Village. Henry Pratt of GPSL Architects, representing the applicant, began by answering some of the questions he heard from the Commissioner. Pratt stated that as there will be more units than before; they anticipate some of the units being available to non-Sonnenalp employees. Pratt also stated that the parking requirement based on the code is over 100 spaces, but they are proposing 35 spaces. Pratt then made a PowerPoint presentation that included renderings of the proposed structure. Pratt emphasized that the location of the site is ideal for employees. There are existing site limitations such as utility easements at the front of the site and a steep slope at the rear of the site. Commissioner Gillette: Asked why the 40% steep slope regulation exists. George Ruther: Code requirements for air, light, and egress, make it difficult to building in such an area. Steep slope regulations are in place to avoid need for an excessive amount of retaining walls and to minimize site impacts. Pratt: Described the difficulty in providing parking in consideration of the existing site limitations. Pratt contrasted and compared the Middle Creek and First Chair projects in regards to the parking requirements for each. The PEC is authorized to approve parking that is less than the minimum required through the approval of a parking management plan. Pratt stated that they cannot build more than 35 parking spaces, but believes they can provide a parking management plan that addresses the parking needs for Solar Vail. Chairman Rediker: Asked if the Solar Vail property and Sonnenalp could be sold separately from each other. Pratt responded affirmatively. Rediker asked if there has been a discussion regarding a limitation on sales of individual units to other entities. The applicant responded that the building will not be converted into condominiums. There was a discussion among several commissioners and the applicant regarding deed restrictions and the potential transfer of ownership of the building. Pratt stated that if the building was ever sold, the new owner would be subject to the approved development plan and parking management plan. Commissioner Perez: The PEC has to look at this as a long term housing solution that accounts for the possibility of the transfer of ownership of Solar Vail. Perez referenced a tax credit program that was used for Middle Creek. Ruther: The housing zone district acknowledges that meeting minimum parking could be a challenge for projects to be built within it, and specifically allowed for the PEC to determine the requirement through a parking management plan. Ruther encouraged the PEC to focus on the overall transportation needs of the project, not just the parking, and if there are alternative means of transportation available. Chairman Rediker: Asked how the applicant will deal with the 40% slope. Pratt: The footprint will go further back into the steep slope and will require retaining walls, but it will step up the hill, which allows for eight more units Chairman Rediker: Asked staff what needs to be done by the applicant to build into the steep slope. Neubecker: A geological study is required, retaining walls will need to be approved, and impact on vegetation will be evaluated. Ruther: Suggested that the applicant also provide an exhibit that depicts the anticipated area of disturbance. Commissioner Gillette: Asked why the proposal has so many units if Sonnenalp does not need them. Pratt stated that it benefits both the owner and the town. Additional units also help to make the project financially possible. Commissioner Perez: Asked about the unit mix and if the applicant considered any different mixes. Pratt: The proposed mix is based on Sonnenalp's history and needs for employee housing, and evaluating other employee housing units in the area. Commissioner Gillette and Commissioner Perez both made suggestions regarding legally binding ownership of Solar Vail and Sonnenalp together. Gillette stated that maybe the building works for Sonnenalp's employee housing needs, but it may not if there is a different owner of the Solar Vail building. Chairman Rediker: He does not believe decisions should be made based on future owners and not the current owner. He encouraged the PEC to evaluate alternatives beyond a strict parking requirement ratio. Pratt: The proposed parking is similar to the First Chair development. Jerry Flynn: Based on his experience there is sufficient demand for units without parking. Giving priority to employees without cars is one way to address this issue. Commissioner Stockmar: Asked about contingencies if the modular builder cannot provide the units. Pratt: They are talking with a few different modular builders. Commissioner Kurz: Suggested that there may be some cooperation between Red Sandstone School parking facilities and the proposed employee housing units. Chairman Rediker: Asked about access for emergency vehicles. Pratt: There is a proposed area for emergency vehicles to turn around. This will need to be evaluated by the Fire Department. Commissioner Lockman: Encouraged the PEC to consider the increased density in consideration of the site location and connections Chairman Rediker: Asked about the modular construction process, to which Pratt responded by describing the characteristics of the modular units. Rediker also stated that he does not have much concern about the proposed density and height, especially in consideration of the surrounding context. Commissioner Kurz: Agreed with Chairman Rediker and Commissioner Gillette. He also agreed with Commissioner Lockman in that he is ok with the density to the extent that sufficient parking and snow storage is provided. Commissioner Hopkins: Stated her support for the modular construction process. Commissioner Gillette: Asked how many vent pipes will be visible from the structure Pratt: Expressed his hope that there would be none as there will be a small section of flat roof hidden by other roofs, where rooftop mechanical can be located. Commissioner Lockman: Asked about proposed setbacks. Pratt: Identified an exit stair on the northwest side and the southwest corner of the building that encroach into the west side setback. Several commissioners expressed comfort with the encroachments as Red Sandstone School is the adjacent neighbor. Chairman Rediker: Asked about the requested conditional use. Pratt: The commercial space will be for the Sonnenalp housing office staff that manages Solar Vail and other Sonnenalp-owned properties. Chairman Rediker: Expressed concern about a future change in use that may require more parking. Pratt: As the office is a conditional use, any future use would need to reapply for a conditional use. There was additional discussion among the commissioners, applicant, and staff about the 40% slope and retaining walls. Chairman Rediker: Asked staff about the need for an Environmental Impact Statement. Neubecker: There may not be a need for an Environmental Impact Statement but wanted the PEC to be aware that it could be requested if they felt it was necessary. Staff does not see significant environmental impacts, other than the steep slope. Chairman Rediker: Asked about the difference between a geological survey versus an Environmental Impact Study. Neubecker: An Environmental Impact Study is much broader than a geological survey, which more specifically focuses on the safety of building on the site. An Environmental Impact Study could focus on wildlife impacts, noise issues, etc. Commissioner Gillette: Stated that he did not believe an Environmental Impact Statement was necessary. The commissioners expressed various levels of support for the parking as proposed. TOWN OF VA110 VAI L TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: November 13, 2017 ITEM/TOPIC: A request for the review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a variance to a side setback, located at 1200 Ptarmigan Road, Unit A / Lot 1, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. (PEC17-0047) ATTACHMENTS: File Name Description PEC17-0047_1200 Ptarmigan_Rd_Memo.pdf Staff Memo to PEC TOWN OF VAIL � Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 2017 SUBJECT: A request for the review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a variance to a side setback, located at 1200 Ptarmigan Road, Unit A / Lot 1, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. (PEC17-0047) Applicant: Eileen Hyatt, represented by Jack Snow, RKD Architects Planner: Matt Panfil The applicant, Eileen Hyatt, represented by Jack Snow of RKD Architects, has requested that this item be tabled to the December 11, 2017 Planning and Environmental Commission (PEC) meeting in order to address the necessity of an additional site coverage variance. TOWN OF VA110 VAI L TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: November 13, 2017 ITEM/TOPIC: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to the following: (1) Section 12-2-2, Definitions of Words and Terms, Vail Town Code, to add a definition for Lodge, Mixed -Residential; (2) Section 12-7A-3, Conditional Uses, Vail Town Code to allow Lodge, Mixed -Residential as a conditional use within the Public Accommodation (PA) District; (3) Section 12-7J-3, Conditional Uses, Vail Town Code to allow Lodge, Mixed -Residential as a conditional use within the Public Accommodation -2 (PA -2) District; and (4) Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to add Item A-17, Lodge, Mixed -Residential, and setting forth details in regard thereto. (PEC17-0052) ATTACHMENTS: File Name Description PEC17-0052_Zoning_Code_Amendment_Memo_- Staff Memo to PEC - Withdrawn _W ithdrawn. pdf 0 TOWN OF VAIL � Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 2017 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to the following: (1) Section 12-2-2, Definitions of Words and Terms, Vail Town Code, to add a definition for Lodge, Mixed -Residential; (2) Section 12-7A-3, Conditional Uses, Vail Town Code, to allow Lodge, Mixed -Residential as a conditional use within the Public Accommodation (PA) District; (3) Section 12-7J- 3, Conditional Uses, Vail Town Code, to allow Lodge, Mixed -Residential as a conditional use within the Public Accommodation -2 (PA -2) District; and (4) Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to add Item A-17, Lodge, Mixed -Residential, and setting forth details in regard thereto. (PEC17-0052) Applicant: Braun Associates, Inc. Planner: Matt Panfil The applicant, Braun Associates, Inc. has withdrawn the request for consideration by the Planning and Environmental Commission (PEC). TOWN OF VA110 VAI L TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: November 13, 2017 ITEM/TOPIC: A request for a final recommendation to the Vail Town Council on a major amendment to Special Development District No. 36, Four Seasons, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, for a conditional use permit for a Lodge, Mixed -Residential, pursuant to Section 12-7A-3, Conditional Uses, in accordance with the provisions of Section 12, Chapter 16, Conditional Use Permits, to allow for the reconfiguration of existing accommodation units, fractional fee units, and dwelling units, located at 1 Vail Road/Lots A -C, Vail Village Filing 2, and setting forth details in regard thereto. (PEC17-0053) ATTACHMENTS: File Name Description PEC17-0053_Four_Seasons_SDD_Amendment_- Staff Memo to PEC - Withdrawn _W ithdrawn. pdf TOWN OF VAIL � Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 2017 SUBJECT: A request for a final recommendation to the Vail Town Council on a major amendment to Special Development District No. 36, Four Seasons, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, for a conditional use permit for a Lodge, Mixed -Residential, pursuant to Section 12-7A-3, Conditional Uses, in accordance with the provisions of Section 12, Chapter 16, Conditional Use Permits, to allow for the reconfiguration of existing accommodation units, fractional fee units, and dwelling units, located at 1 Vail Road/Lots A -C, Vail Village Filing 2, and setting forth details in regard thereto. (PEC17-0053) Applicant: Ex Vail LLC Extell Development, represented by Braun Associates Planner: Matt Panfil The applicant, Ex Vail LLC Extell Development, represented by Braun Associates Inc., has withdrawn the request for consideration by the Planning and Environmental Commission (PEC). TOWN OF VA110 VAI L TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: November 13, 2017 ITEM/TOPIC: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, related to vegetation removal for wildfire mitigation purposes, and setting forth details in regard thereto. (PEC17-0043) ATTACHMENTS: File Name Description PEC17-0043 Amendments for Tree removal.pdf Staff Memorandum kr rowN OF vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 2017 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Development Standards, Vail Town Code, related to vegetation removal for wildfire mitigation purposes, and setting forth details in regard thereto. (PEC17-0043) Applicant: Town of Vail Planner: Jonathan Spence SUMMARY This is a proposal to clarify and codify existing standard operating procedures related to vegetation removal. The Town of Vail currently requires a Design Review Board (DRB) application for the removal of vegetation, including trees, when not associated with another development application. The Town of Vail Fire and Emergency Services Department also issues permits for tree removal through a Wildfire Hazard Assessment as part of the Fire Adapted Vail Program. The proposal removes the requirement for a DRB permit following a recommendation by the Wildland Coordinator concerning vegetation removal. 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 vegetation removal. Currently there are two (2) owner -initiated processes for the removal of vegetation in the Town of Vail. They are: 1. Design Review Board application for the removal of vegetation not associated with a development application. 2. Wildfire Hazard Assessment as part of the Fire Adapted Vail Program performed by the Wildlands Coordinator. The purpose of the proposed text amendment is to clarify that these processes do not conflict with language in the Vail Town Code and that duplicate approvals for vegetation removal are not necessary. III. BACKGROUND The Community Development Department strives for rules and regulations that are consistent, enforceable, predictable and easily understood. The Community Development Department has worked closely with the Vail Fire and Emergency Services Department to ensure that the criteria used to evaluate requests for vegetation removal are consistent. Water Quality Education Coordinator Pete Wadden and Wildlands Coordinator Paul Cada have established a clear protocol including interdepartmental reporting to guarantee that all Town values, including defensible space, environmental quality and aesthetics are considered regardless of the department approving vegetation removal. 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 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. Town of Vail Page 2 V. PROPOSED TEXT AMENDMENT The following amendments are proposed with new language in bold and items to be removed designated by a c+riLo+hrni inh 12-11-3: DESIGN APPROVAL A. Scope: No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate limits of the town unless design approval has been granted as prescribed in this chapter. The addition of plant materials to existing landscaping, gardening, apl landscape, and vegetation removal approved by the Vail Fire Department through a Wildfire Hazard Assessment shall be exempt from this provision. 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 that a Design Review Board approval is not necessary for vegetation approved for removal by the Vail Fire and Emergency Services Department as part of a Wildfire Hazard Assessment. This text amendment will codify the existing practice of the Community Development and Fire and Emergency Services Departments and helps to improve the clarity of the code. This text amendment meets the following purposes of the zoning regulations: iiPAi6dzd 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. Town of Vail Page 3 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. 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 not required an additional Design Review Board application for work approved by the Fire and Emergency Services Department. 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 Town of Vail Page 4 The proposed text amendment provides a clear understanding of when a Design Review Board application is required and ensures 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. 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 pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Development Standards, Vail Town Code, related to vegetation removal for wildfire mitigation purposes. (PEC17-0043) 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 pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Development Standards, Vail Town Code, related to vegetation removal for wildfire mitigation purposes, and setting forth details in regard thereto." 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 November 13, 2017 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 Town of Vail Page 5 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 TOWN OF VA10 VAI L TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: October23, 2017 PEC Results ATTACHMENTS: File Name pec results 102317.pdf Description October 23, 2017 PEC Results E 0PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF VAILOctober 23, 2017, 1:00 PM Vail Town Council Chambers 75S. Frontage Road-Vail, Colorado, 81657 Call to Order Present: Brian Gillette, Pam Hopkins, Ludwig Kurz, John -Ryan Lockman, Karen Perez, John Rediker, and Brian Stockmar Main Agenda A request for a recommendation to the Vail Town Council, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, establishing Special Development District No. 42 (Vail Mountain View Residences), located at 430 and 434 South Frontage Road (Vail Mountain View Residences on Gore Creek) / Lot 1, Vail Village Filing 5, formerly known as part of Lot 1, a Resubdivision of Tract D, Vail Village Filing 5, and setting forth details in regard thereto. (PEC17-0006) Applicant: Lunar Vail LLC, represented by Mauriello Planning Group Planner: Jonathan Spence Motion: Denial First: Gillette Second: Perez Vote: 5-2-0 (Kurz and Stockmar Opposed) Spence introduced the item as being similar to the previously submitted application. The item has returned to the Planning and Environmental Commission (PEC) due to a previous error in the notification procedures. A rezoning application requires all owners within the specific property to be notified rather than just the property management group or homeowners association. Letters from the homeowners association and other individuals have been included with the application. Rediker — Asked Spence if there have been any significant changes since the previous submission. Spence stated that there are no significant exterior changes, but the unit mix within the proposed building has been altered. Rediker asked about the nature of the exterior changes. Spence deferred the question to the applicant. Gillette — Asked about the letter of support from the homeowners association of Phase I and how the homeowners association's opinion has changed from the previous review. Spence deferred to the applicant. Perez — Asked about the Phase I homeowners association's letter reference to "conditional support." Spence deferred to the applicant. Dominic Mauriello, representing the applicant, provided a PowerPoint presentation to the PEC. Since the last appearance before the PEC, the applicant has worked with the Phase I homeowners association to address their comments and concerns. The previous submission included 19 hotel rooms which have been eliminated from the proposal. The suggested conditions of approval have also been modified since the previous plan. The noticeable changes in the unit mix include: an increase from 12 to 15 DUs (Dwelling units), an increase from 15 to 20 AAUs (Attached accommodation units / lockoffs), an increase from 10 EHUs to 15 EHUs (employee housing units), and the removal of the previously proposed 19 AUs (accommodation units). The proposed unit mix revisions comply with the Town Code's minimum required parking spaces. Mauriello reviewed the public benefits associated with the proposal, including an increase to the number of EHUs. Other benefits include: increased number of live beds via the increase in lockoff units, public art, roadway easement, and participation in the Green Globes building sustainability program. Referring to the exterior building elevations, Mauriello described the proposed changes. Referring to the site plan, Mauriello described the proposed changes to the size of the outside deck area and the location of the loading area and pedestrian easement. Mauriello then reviewed the proximity of the proposed structure to the surrounding buildings. The columns on the east side of the structure encroach into the side setback, thus requiring a side setback deviation. Referring to the building's floor plans, Mauriello described the location and quantity of the DUs, EHUs, and AAUs. There is one less parking space than on the previous plan due to the need for additional mechanical equipment. Other deviations include: building height, density, GRFA, and site coverage. Density and GRFA have decreased in non -conformity since the previous plan, but still require deviations. Mauriello provided images from a sun -shade analysis for the proposed structure. Mauriello then discussed the project's relationship to the Tyrolean Condominiums to the west of the property. Mauriello listed all of the variances previously granted to the Tyrolean Condominiums and described the changes made to the proposed structure to help mitigate impacts on the Tyrolean Condominiums. Mauriello concluded by reviewing the nine (9) criteria for approving a Special Development District (SDD) and expressed his belief that the proposal fulfills all of the criteria. In regards to earlier questions from the PEC, Mauriello clarified that the previous approval had a letter from the Phase I homeowners association that permitted the project to go forward, but was not necessarily a letter of support. For this submission, the Phase I homeowners association has provided a letter of support. Hopkins — Asked about the nature of the EHU deed restrictions. Mauriello responded that the EHU deed restrictions are in perpetuity. Hopkins asked what happens when a unit is sold, to which Mauriello responded that the Town of Vail tracks all deed restrictions. Perez, Rediker, and Gillette — Asked for clarification of the proposed building height and how it is measured. Rediker — Asked why there is not a formal development plan in place. He expressed concern about the significant change in the character and nature of the project since the previous approval. Mauriello stated that there is a development plan in the submittal materials. Rediker expressed his opinion that a plan set does not constitute a full development plan. Mauriello stated that the development plan includes all of the required documentation. Rediker asked what conditional uses will be allowed within the SDD. Mauriello responded that the conditional uses would be controlled by the underlying zone district. Rediker expressed concern that the uses approved with this submission could be changed in the future without the PEC's approval. Spence stated that he believed the applicant's plan set and narrative fulfill the requirements for a development plan. Rediker asked for more information about the landscape plan. Spence stated that the review of the landscape plan is the purview of the Design Review Board (DRB). It is the PEC's purview to review the requested deviations against the proposed public benefits. Rediker stated that one of the nine (9) criteria for approval of an SDD specifically references landscaping and therefore wants more information from the applicant regarding the proposed landscaping. George Ruther, Director of Community Development, reminded the PEC that they will be making a recommendation to the Town Council and that the SDD is officially established via ordinance. Mauriello referred to an image of the landscape plan and stated that this proposal has more plantings than the previously approved landscape plan. Mauriello suggested that, if believed to be necessary, the PEC make landscape recommendations to the DRB. Rediker suggested more plantings along the west side of the site. Rediker asked for clarification on the changes to the exterior from the previous approval to the current proposal. Mauriello referenced the images of the building elevations to demonstrate the locations of the proposed changes. Rediker expressed concern about the shading of the sidewalk during certain times of the year. He asked if the sidewalk will be heated. Mauriello stated that the sidewalk is to be moved closer to the structure to allow for future lane adjustments on the South Frontage Road and to provide snow storage. As a result, the sidewalk will now be heated. Rediker asked who will be responsible for maintaining the sidewalk considering some is on Town property and some is on private property. Mauriello stated that the applicant will enter into an agreement to be responsible for the maintenance of the sidewalk. Perez — Asked for clarification on the location of the loading dock. Rediker asked how vehicles in the loading zone will be able to maneuver around the site. Mauriello explained that there is a cross access agreement between the subject property and the property to the east. Gillette asked if another egress point for a truck was necessary. Lockman — Asked for clarification on the relationship between the Phase I homeowners association and the applicant. Tom Todd, Attorney for Gore Creek Partners — The applicant has been active in discussion with the neighbors at the Phase I homeowners association and the two parties are working on an agreement. Kerry Wallace, Attorney for Mountain View Residences (Phase 1) —The group has worked with Mr. Todd to address Phase I homeowners association's comments and concerns and are working on completing an agreement between the two parties. Ms. Wallace explained that the letter of support is conditional based upon executing said agreement. In the future Phase I and Phase II will have separate homeowners associations that will work together on certain items. Rediker — Asked if this would result in a legal subdivision of the property. Ms. Wallace stated that her understanding is that it does not require a legal subdivision. Spence concurred with Ms. Wallace. Perez asked if the condo map will be amended. Ms. Wallace confirmed. Gillette — Asked staff who will be required to approve future changes when there are multiple homeowners associations. Public Comment: Pam Keller — Is an original owner of a unit in Phase I and supports the new proposal. David Foster, attorney representing the Tyrolean homeowners association — Stated that the presentation provided is misleading because the owner of the property developed Phase I under the existing HDMF zone district and essentially maxed out the building height and GRFA. By code, there is only 278 square feet of GRFA available. The proposal is essentially the rezoning of a property where people already live. It was the owner's choice to build to the maximum development standards for Phase I in 2008. He believes it is misleading to label Phase II as infill development. He expressed his concern regarding the proposed building height. He is also concerned that the PEC is predisposed to voting a certain way for the project despite the application being considered a new submission. The Tyrolean Condominiums has not been involved in any of the discussions among the applicant and Phase I homeowners association. Mr. Foster questioned the status of the applicant as it appears to have changed since the previous approval. He stated that he does not believe the proposed structure fulfills the nine (9) review criteria for an SDD. There will still be renters coming in every night due to the AAUs (lockoffs), despite the fact that the hotel units have been removed. Mr. Foster discussed the existing non -conforming site coverage on the subject property and that it never received a variance. Mr. Foster stated that there is no conditional use permit for the leasing of parking on the subject property and there is no record of a license or license renewals for the property owner to be able to lease parking spaces. Mr. Foster concluded by reminding the PEC that there is essentially no available space for Phase II and by reviewing the nine (9) SDD review criteria. Mr. Foster believes that the proposal does not comply with the following criteria: (1) compatibility, (2) relationship of uses and density, (3) parking and loading, and (4) conformity with the Town of Vail Master Plan. Mr. Foster stated that the sun shade analysis is misleading because it assumes a 48' tall building can be built in the proposed location, but as the property is out of developable space, no building of any height can be located there. Gillette — Asked if the Tyrolean Condominiums were notified of the new submission. Spence confirmed. Mauriello — Rebutted several comments made by Mr. Foster. Mr. Mauriello's rebuttals included: the belief that the proposal constitutes infill development, the actual height of the building, and the idea that there was a lack of communication with the Tyrolean Condominiums Stockmar — Stated that he is treating this item as a brand new application. The PEC is required to review the nine (9) criteria for establishing an SDD. He has reviewed the criteria and staff's analysis of the criteria. He concurs with staff and will support the proposal. Gillette — Agrees with most of Mr. Foster's analysis. The master plan states there should be development on the property, but it does not state what that type of development should be. He does not believe the public benefit outweighs the deviations required and he does not find the building compatible with the surrounding area. There needs to be a much more significant public benefit for a building 70' tall. Lockman — Thanked the Town for providing a corrected process. Is looking at the application as a brand new application. Lockman stated that he is not sure the application is consistent with the master plan and agrees with Gillette that there is not a sufficient public benefit received from the proposal. He is not ready to support the project due to the building height and use of the building. Hopkins — Expressed concern about the height of the building and its overall compatibility with the surrounding properties. She does not support the proposal at this time. Perez — In looking at the application as a brand new application, believes that the project does not meet all of the criteria for an SDD, especially in regards to compatibility, relationship of uses, and parking and loading. She does not believe there is a sufficient public benefit. Kurz — Agrees with Stockmar and staff's analysis of the SDD criteria. Believes the public benefits outweigh the hardships for neighboring properties. Also believes the loss of the 70 leasable parking spaces had to be considered in the original approval. He supports the project. Rediker — Looked at the application as a brand new application. Does not believe the proposal has fulfilled the SDD criteria. In particular, the scale, bulk, and building height are not compatible with the surrounding area; the proposal is not consistent with the Vail Master Plan; and the design features are not responsive and sensitive to the overall aesthetic to the area in general. Rediker expressed his overall concern about the SDD process in general and he believes it is encouraging the over -development of some properties. Recognizes that there is a public benefit to the proposal, but does not believe it is sufficient to ignore the non-compliant criteria. Gillette — Expressed his opposition to the snow -melted sidewalk. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 5, Public Health and Safety, and Title 12, Zoning Regulations, Vail Town Code, related to vegetation removal for wildfire mitigation purposes, and setting forth details in regard thereto. (PEC14-0043) Motion: Table to November 13, 2017 First: Kurz Second: Gillette Vote: 7-0-0 3. Approval of Minutes October 9, 2017 PEC Results Motion: Approve First: Kurz Second: Gillette Vote: 5-0-2 (Perez and Rediker Abstained) 4. Adjournment Motion: Adjourn First: Perez Second: Kurz Vote: 7-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. 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. Please call 711 for sign language interpretation 48 hours prior to meeting time. Ad #: 0000145895-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLMT Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the 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 insertion; and that the first publication of said notice was in the issue of said newspaper dated 11 /10/2017 and that the last publication of said notice was dated 11 /10/2017 in the issue of said newspaper In witness whereof, I have here unto set my hand this day, 11/15/2017. Mark Wurzer, Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 11/15/2017. Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 MCsfAt?Y 910 L' ? fATF op+ l'�l.{1�A�1) t or €' _D x�, U4 a BEY Cl I�Sli}Pd 1 if G5&' PLANNING AND ENVIRONMENTAL COMMISSION November 13, 2017, 1:00 PM Vail Town Council Chambers 76 S_ Frontage Road -Vail, Colorado, $1667 1 . Call to Order 2. Informational Update 2.1 . Environmental Sustainability Plan Update 45 min. 3. Site Visits 3.1 _ Site visit to Solar Vail, 501 N. Frontage Road Wcst, to obsorvo c sting c nditions and prc part for rcvicw of dcvclo pmcnt plan and variancc applica- tions PEC17-0046, PEC17-0050, and PEC17-0051 . 20 min. 4_ Main Agenda 4.1 _ A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amend- ment, Vail Town Code, concerning an update to the 1994 Comprehensive Open Lands Plan, and setting forth details in regard thereto. (PEC17-0049) 90 min. Applicant: Town of Vail, represented by Kristen Planner: a : Chris Neubecker 4.2_ A request for the review of a development plan, pursuant to Section 12-61-1 1 , development Plan Required, Vail Town Code, for the construction of employee housing units (ERUs) with the following associated requests: (1 ) a request for the review of a conditional use permit, pursuant to Section 12-61- 3, Conditional Uses, in accordance with the provi- sions of Section 12, Chapter 16, Conditional Use Permits, to allow for business offices and professio- nal offices, as further regulated by Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code; (2) a request for the review of multiple varian- ces in accordance with the provisions of Section 12, Chapter 17, Variances: (a.) a variance from Section 12-61-8, Parkingg and Loading, Vail Town Code to al- low parking in tho front and side setbacks; (b.) a variance from Section 12-10-9, Loading Standards, Vail Town Coda, to allow for a loading berth lass than the required dimensions; (c) a variance from Section 12-21 -1 O, E>®velopmant nestricted, Vail Town Code, to allow for development on a slope greater than forty percent (d.) a aria from Section 14-5-1 , Minimum Standards, Vail Town Code, to allow for greater than twenty five percent (25%) of the required parking spaces to be compact parking spaces; and (e.) variances from Section 14-6-7, Retaining Walls, Vail Town Coda, to allow retaining walls with an exposed face height over six feet (6') tall and over three feet (3') tall with- - the front setback, located at G01 North Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing l , and setting forth details in regard thereto. (F -a<-_17- 0046, PEC17- 0050, PEC17-0051) 90 min. Applicant: Sonnenalp Properties, represented by GPSL Architects Planner: Chris Neu backer 4.3.A request for the review of a variance from Section 12-6E>-6, Setbacks, Vail Town Code, in accordance with the provisions of Section 121-1 7-1 , Variances, Vail Town Code, to allow for a variance to a side setback, located at 1200 Ptarmigan Road, Unit A / Lot 1 , Block 8, Vail VFiling 7 illages ilin, and set- ting forth dotal is in regard thereto_ (PIE= -(-_117-0047) 5 KTII Applicant_ Eileen Hyatt, represented by FtKE> Archi- I.- At Planner:MaLL Panfil 4.4. A request for a recornmondaLion Lo the Vail ur Town Council, psuant Lo Section 12-3-7, Amend- ment, Vail Town Code, for prescribed regulations amendments to the following: (1 ) Section Definitions of Words and Terms, Vail Town Code, to add a definition for Ledge, Mixed-Fte idential; (2) Section 12-7A-3, Conditional Uses, Vail Town Code to allow Ledge, Mixed- Residential a - nditicnal use within the Public Accommodation (PA) District; (3) Section 12-7J-3, Conditional Uses, Vail Town Code to allow Lodge. Mixed -Residential as at condi- tional use within the Public Accommodation -2 (PA -2) district; and (4) Section 12-16-7, Use Specific Crite- ria and Standards, Vail Town Code, to add Item A- 17, Lodge, Mixed- Residential, and setting forth de- tailsin regard thereto. (PEG 1 7-0052)r5 min. Applicant: Braun Associates Planner: Matt Panfil 4.5. A request for a final recommendation to the \/all Town Council on a major amendment to Special development �Istrict No. 36, Four Seasons, pur- suant to Section 12-9A-10, Amendment Procedures, Voll Town Coda, for a COndltlOnaI use permit for a Lodge, Mlxed-Resldentlal, pursuant to Section 12-7A-3, Conditional Uses, In accordance with the provislons of Sectlon 12, Chapter 16, Conditional Use Permits, to allow for the reconfiguration of exist - Ing accommodation units, fractional fee units, and dwelling units, located at 1 Vail Road/Lots A -C, Vail \/ivage Filing 2, and setting forth details in regard thereto. (PEC17-0053) 5 min. Appiioant: Ex Vail LLC Extell development, repre- sented by Sraurl ASsoClat0S Planner: Matt Panfil 4.6. A request for "a. recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amend- ment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, related to vegetation removal for wildfire mitigation purposes, and setting forth details in re - here (PEG17-0043) l O min. Applicant: Town of Vail Planner: Jonathan Spence 5_ Approval of Minutes 5.1 _October 23, 201 7 PEC Results 6. Adjournment The applications and information about the propos- als are available for public inspection during regular office hours at the Town of Vail Community develop- ment 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 E)epartment. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Com- mission will consider an item. Please call (970) 479- 2138 for additional information_ Please call 71 l for sign language interpretation 48 hour prior to maet- ing time_ Community EDavelopmant E)epartment Published in the Vail daily November 10, 2017 0000145895 Ad #: 0000137805-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLMT Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the 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 insertion; and that the first publication of said notice was in the issue of said newspaper dated 10/27/2017 and that the last publication of said notice was dated 10/27/2017 in the issue of said newspaper In witness whereof, I have here unto set my hand this day, 10/31/2017. Mark Wurzer, Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 10/31/2017. Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 IE12 L MCsfAt?Y 910 L' ? fATF op+ l'�l.{1�A�1) t or €' _D x�, U4 a 3fY CI�g15Sli}N&k1�if;�RISG'sSS�c�,2�2s} THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12- 3-6, Vail Town Code, on November 13, 2017 at 1 :00 pm in the Town of Vail Municipal Building. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amend- ments to Title 12, Zoning Regulations, Vail Town Code, related to vegetation removal for wildfire miti- gation purposes, and setting forth details in regard thereto. (PEC17-0043) Applicant: Town of Vail Planner: Jonathan Spence A request for the review of a development plan, pur- suant to Section 12-61-1 1, Development Plan Re- quired, Vail Town Code, for the construction of em- ployee housing units (EHUs) with the following as- sociated requests: (l) a request for the review of a conditionaluse permit, pursuant to Section 12-61-3, Conditional Uses, in accordance with the provi- sions of Section 12, Chapter 16, Conditional Use Permits, to allow for business offices and professio- nal offices, as further regulated by Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code: (2) a request for the review of multiple varian- ces in accordance with the provisions of Section 12, Chapter 17, Variances: (a.) a variance from Section 12-61-8, Parking and Loading, Vail Town Code to allow parking in the front and side set- backs; (b.) a variance from Section 12-10-9, Load- ing Standards, Vail Town Code, to allow for a load- ing berth less than the required dimensions; (c) a variance from Section 12-21-10, Development Re- stricted, Vail Town Code, to allow for development on a slope greater than forty percent (409/6); (d.) a variance from Section 14-5-1, Minimum Standards, Vail Town Code, to allow for greater than twenty five percent (25%) of the required parking spaces to be compact parking spaces; and (e.) variances from Section 14-6-7, Retaining Walls, Vail Town Coda, to allow retaining walls with an exposed face height over six feet (6') tall and over three feet (3') tall within the front setback, located at 501 North Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1 'and setting forth details in regard thereto. (PEC17-0046, PE017-0050, PE017-0051 ) Applicant: Sonnenalp Properties, represented by (--PSL Architects Planner: Chris Neubecker A re uest for the review of a variance from Section 12-6-6, 'Setbacks, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a variance to a side set- back, located at 1200 Ptarmigan Road, Unit A / Lot 1, Block 8, Vail Village Filing 7, and setting forth de- tails In regard thereto. (PEG 17-0047) Applicant: Eileen Hyatt, represented by HKD Ar- chitects Planner: Matt Panfil A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, concerning an update to the 1994 Comprehensive Open Lands Plan, and setting forth details in regard thereto. (PEC17-0049) Applicant: Town of Vail Planner: Chris Neubecker A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amend- ments to the following: (1) Section 12-2-2, Defini- tions of Words and Terms, Vail Town Code, to add a definition for Lodge, Mixed -Residential; (2) Section 12-7A-3, Conditional Uses, Vail Town Code to al- low Lodge, Mixed -Residential as a conditional use within the Public Accommodation (PA) District; (3) Section 12-7J-3, Conditional Uses, Vail Town Code to allow Lodge, Mixed -Residential as a conditional use within the Public Accommodation -2 (PA -2) District; and (4) Section 12-16-7, Use Specific Crite- riaand Standards, Vail Town Code, to add Item A- 17, Lodge, Mixed -Residential, and setting forth de- tails in regard thereto. (PEG 17-0052) Applicant: Braun Associates Planner Matt Panfil A request for a final recommendation to the Vail Town Council on a major amendment to Special De- velopment District No. 36, Four Seasons, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, for a conditional use permit for a Lodge, Mixed -Residential, pursuant to Section 12- 7A-3, Conditional Uses, in accordance with the pro- visions of Section 12, Chapter 10, Conditional Use Permits, to allow for the reconfiguration of existing accommodation units, fractional fee units, and dwelling units, located at 1 Vail Road/Lots A -C, Vail Village Filing 2, and setting forth details in regard thereto. (PEC17-0053) Applicant: Ex Vail LLC Extell Development, repre- sented by Braun Associates Planner: Matt Panfil The applications and information about the propos- als are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend site visits. Please call 970-479- 2138 or visit www.vallgov.com/planning for addition- al information. Sign language interpretation available upon request with 24-hour notification, dial 71 1 _ Published October 27, 2017 in the Vail Daily. (00001 37805)