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HomeMy WebLinkAbout2019-09-23 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl) September 23, 2019, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 Call to Order 1. 1. Attendance Present: Brian Gillette, Pam Hopkins, Rollie Kjesbo, Ludwig Kurz, John Ryan Lockman, Karen Perez, Brian Stockmar Absent: None Main Agenda 2.1. A request for the review of a variance from Section 12-14-17, Setback from 20 min. Watercourse, Vail Town Code, in accordance with the provisions of Section 12-17, Variances, Vail Town Code, to allow for the on-site relocation of a natural seasonal stream channel, located at 5002 Snowshoe Lane/Lot 23, Vail Meadows Filing 1, and setting forth details in regard thereto. (PEC19- 0042) Applicant: Peregrine Group Development LLC, represented by Krueger Architecture Planner: Jonathan Spence 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. Prior to submitting for a building permit, the applicant shall provide the Community Development Department all required approvals from the US Army Corps of Engineers (USACE) related to the project, to be reviewed and approved by the Town Engineer. Planner Spence: Introduced the project by showing its location and describing previous approvals. The applicant observed a small seasonal stream after project approval, which was not previously known. The variance process helped to create a plan for this development that is supported by the Public Works department and Environmental Sustainability department. Chairman Stockmar: Clarified the difference between watercourses identified by the Town and a seasonal stream. Spence: Stated that these seasonal streams are not identified by the town. Pavan Krueger: Worked with Kathy of CERES and SGM to understand the landscaping and water flows on site. The capacity of the waterway may increase to 1.5x its current size through this design. After this variance, the applicant will have to work with the Army Corps of Engineers for this mitigation. There may have been an informal diversion for this stream at one point. Stockmar: Is this stream itself a diversion from its original course? Krueger: Stated it was likely, but there is no record of when this might have happened. Commissioner Hopkins: Asked where the proposed diversion will go Krueger: The stream will be moved into the side setback and will be directed to a culvert under the driveway. It will exit into the neighbor's property. Stockmar: Asked if there would be any increase of flow. Krueger: Stated there would be none. Commissioner Perez: Asked if the neighbor was notified. Planner Neubecker: Stated the neighbor to the north had received the notice, and they came into the Community Development department to ask about the variance. He stated that the neighbor was in support, as long as the stream enters the neighbor's property in the same location. Krueger: They will not be creating a concrete culvert, but it will be a rock - lined channel. It will be better than the existing culvert. She stated they will also do drainage studies. Public Comment: None Commissioner Kjesbo: I n support, felt that this was the right way to deal with this situation. Commissioner Gillette: In support, warned about paying attention to maintenance. The remaining commissioners stated that they agreed with the variance. John -Ryan Lockman moved to approve with conditions. Rollie Kjesbo seconded the motion and it passed (7-0). 2.2. A request for a recommendation to the Vail Town Council, pursuant to 10 min. Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, and amendments to Title 14, Development Standards, Vail Town Code, to update definitions, to remove redundant definitions, and regulations for retaining walls, and setting forth details in regard thereto. (PEC19-0017) Applicant: Town of Vail Planner: Erik Gates Planner Gates: Provided and described to the Commission the requested changes from the previous meeting. He stated that definitions removed in Title 14 now make reference to the corresponding definitions in Title 12. Commissioner Kurz: Confirmed that the changes were a result of the PEC comments and concerns. Chairman Stockmar: Warned about unintended consequences when language removed form codes or moved. Gates: Discussed the process related to consistent language and stated that the definitions to be removed in Title 14 all had identical or near identical language in Title 12. Commissioners expressed support Public Comment: None Ludwig Kurz moved to recommend approval. Rollie Kjesbo seconded the motion and it passed (0-0). 2.3. A request for a recommendation to the Vail Town Council, pursuant to 45 min. Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, to amend the regulations on building design and landscaping in the W ildland Urban Interface to reduce the risk of wildfire, and setting forth details in regard thereto. (PEC18-0035) Applicant: Town of Vail Planner: Chris Neubecker Planner Neubecker: Introduced the application by talking about the changes requested by the Commission at the previous meeting, and how changes were incorporated into the amendment proposal. These included changing some "shall" language to "should," consistent lowercase use of "the town," and changing "occupants" to "tenants." Asked for any direct questions or feedback from the Commission. Commissioner Hopkins: Asked how this regulation might apply to condominium association exterior renovations. Paul Cada: Answered by stating that they wanted to start with an amendment that would help push the town at the right direction. Wanted to start with new construction and additions. Even at this level they feel that this pushes the town in the right direction. Neubecker: Stated that a lot of new construction in Vail is already using these noncombustible materials, with heavy timbers and other materials that meet this regulation. Rather than proposing a regulation that is heavy handed, we are starting with regulations that can be supported by the community. Chairman Stockmar: Stated that the impression he had been getting is that while spacing is important, using the right materials for building is key for preventing fire from spreading in town. Commissioner Gillette: Stated that it's hard to find materials that you couldn't use from the materials list. It might have been easier to tell what someone what they can't use instead of what they can. Hopkins: Asked about the 100 foot radius, regarding defensible space. Is that for trees? Gillette: Stated that Commissioner Kjesbo had previously asked about the recommendation to trim the first 8 feet of trees at the last meeting, and this had not been addressed. Code still says "should" not "shall". Has concerns about meeting code when new trees are planed at time of permit issuance. Cada: Stated that the intent is to have this rule apply only to mature trees, not newly planted trees. He explained the language in the landscaping guide, which is geared toward trimming established trees. Gillette: Pointing to Section 14-10-8, wanted clarification for the recommendation to trim the first 8 feet or to trim one-third or less of the tree. Then pointed to a picture that is listed as an example of good compliant landscaping, and showed that one of the trees was not pruned in the picture. He stated that the landscaping looks good because it is out of proposed compliance. He is worried about requiring applicants to trim 2 feet of branches off of a new 6 foot tree. Cada: Stated that the intention is, as written, to only apply this provision for established trees. Stockmar: Stated that the referenced guidelines are not law as they can be changed by the Fire Department without PEC approval. Chief Novak: Clarified that this gives the Fire Department the ability to make a determination on whether a tree should be pruned based on the surrounding landscaping. A tree over an irrigated lawn would need less trimming than a tree over high bushes or shrubs. Gillette: Worried that this trimming based on context would result in removing screening. Also, mentioned the issue of many trees being on a property line. Stockmar: This puts a lot of burden on the Fire department and wants to make sure the department has capacity for this. Cada: Stated that they already do a lot of this review. Planning already does landscaping inspections, so they can do the final review that includes the Fire department requirements. Novak: Stated that changes to landscaping standards do not go to Town Council. Talked about an example where the standards were amended administratively for streamside landscaping. Perez: Clarified that these guidelines may change depending on circumstance. Gillette: Stated he had a problem with this. Does this mean that today we are talking about whatever guidelines get put in place at any given time in the future? Neubecker: Yes Gillette: Stated he was not comfortable with this and he couldn't vote for something if he didn't even know what it is. Neubecker: Mentioned that if Gillette is not comfortable with these regulations, in this form, he could vote against it. Also, he could make a recommendation that something in the regulations be changed. Gillette: Wanted the current guidelines to be codified and they can be amended as needed. Wants to incorporate the guidelines by name and date. Kjesbo: Asked a question clarifying when and where these guidelines would apply. No public comment. Ludwig Kurz moved to recommend approval. Rollie Kjesbo seconded the motion and it passed (6-1). Ayes: (6) Hopkins, Kjesbo, Kurz, Lockman, Perez, Stockmar Nays: (1) Gillette 2.4. A request for review of a variance from Section 14-6-7, Retaining Walls, 5 min. Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a retaining wall in excess of six (6) feet tall at the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (PEC19-0041) The applicant has requested this item be tabled to October 28, 2019. Applicant: Town of Vail, represented by Victor Mark Donaldson Architects Planner: Chris Neubecker Rollie Kjesbo moved to table to October 28, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.5. A request for review of a Conditional Use Permit pursuant to Section 12- 2 min. 9C-3, Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for an amendment to the conditional use permit for the Town of Vail Public Works facility located at 1289 Elkhorn D rive/U n platted, and setting forth details in regard thereto. (PEC19-0039) The applicant has requested this item be tabled to October 28, 2019. Applicant: Town of Vail, represented by Victor Mark Donaldson Architects Planner: Chris Neubecker Rollie Kjesbo moved to table to October 28, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.6. A request for a recommendation to the Vail Town Council, pursuant to 5 min. Section 12-3-7, Amendment, Vail Town Code, for an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category and setting forth details in regard thereto. (PEC19-0040) The applicant has requested this item be tabled to October 14, 2019. Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.7. A request for the review of a variance from Section 12-21-10 Development 2 min Restricted, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for development in the Housing Zoning District on a slope of forty percent (40%) or greater, located at 2420 Chamonix Lane/the western portion of Parcels B and the northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 (Future Lot E, Chamonix Vail Community Subdivision), and setting forth details in regard thereto. (PEC19-0036) The applicant has requested this item be tabled to October 14, 2019. Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.8. A request for a recommendation to the Vail Town Council for a zone district 2 min. boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto. (PEC19-0033) The applicant has requested this item be tabled to October 14, 2019. Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.9. A request for review of a Minor Subdivision, pursuant to Section 13-4, 2 min. Minor Subdivisions, Vail Town Code, to create Chamonix Vail Community Parcel E, a resubdivision of Parcels A and B, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1, and setting forth details in regard thereto. (PEC19-0032) The applicant has requested this item be tabled to October 14, 2019. Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.10. A request for the review of an Amended Development Plan, pursuant to 2 min. Section 12-61-11, Development Plan Required, Vail Town Code, for amendments to the Chamonix Vail Community Development Plan, Parcel B and a northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 and setting forth details in regard thereto. (PEC 19-0035) The applicant has requested this item be tabled to October 14, 2019. Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.11. A request for the review of a Conditional Use Permit, pursuant to Section 2 min. 12-16, Conditional Use Permits, Vail Town Code, to allow for the construction of dwelling units within the Housing (H) zone district, located at located at 2310 and 2420 Chamonix Lane, Parcel B and a northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. land setting forth details in regard thereto. (PEC19-0034) The applicant has requested this item be tabled to October 14, 2019. Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 3. Approval of Minutes 3.1. September 9, 2019 PEC Results Stockmar: There's a question mark at the end of one of his sentences, on page 4, that is a statement. Needs to be corrected. Karen Perez moved to approved. Rollie Kjesbo seconded the motion and it passed (6-0). Abstain: (1) Hopkins 4. Adjournment Rollie Kjesbo moved to adjourn. Brian Gillette seconded the motion and it passed (7-0). The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: Attendance City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: September 23, 2019 ITEM/TOPIC: A request for the review of a variance from Section 12-14-17, Setback from Watercourse, Vail Town Code, in accordance with the provisions of Section 12-17, Variances, Vail Town Code, to allow for the on-site relocation of a natural seasonal stream channel, located at 5002 Snowshoe Lane/Lot 23, Vail Meadows Filing 1, and setting forth details in regard thereto. (PEC19- 0042) ATTACHMENTS: File Name PEC19-0042 Staff Memo.pdf Attachment A. Vicinity Map.pdf Attachment B. Site Photos.Ddf Description Staff Memorandum Attachment A. Vicinity Map Attachment B. Site Photos Attachment C. Applicant's Narrative dated August 26 2019 including SGM Attachment C. Applicant's Narrative dated August 26, 2019 including (consultant) memo.pdf SGM (consultant) memo Attachment D. Plan Set dated September 9 2019.pdf Attachment D. Plan Set dated September 9, 2019 Attachment E. Site Survey dated July 17 2019.pdf Attachment E. Site Survey, dated July 17, 2019 TOWN OF Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 23, 2019 SUBJECT: A request for the review of a variance from Section 12-14-17, Setback from Watercourse, Vail Town Code, in accordance with the provisions of Section 12- 17, Variances, Vail Town Code, to allow for the on-site relocation of a natural seasonal stream channel, located at 5002 Snowshoe Lane/Lot 23, Vail Meadows Filing 1, and setting forth details in regard thereto. (PEC19-0042) Applicant: Peregrine Group Development LLC, represented by Krueger Architecture Planner: Jonathan Spence I. SUMMARY The applicant, Peregrine Group Development LLC, represented by Krueger Architecture, is requesting the review of a variance from Section 12-14-17, Setback from Watercourse, Vail Town Code, in accordance with the provisions of Section 12-17, Variances, Vail Town Code, to allow for the on-site relocation of a natural seasonal stream channel, located at 5002 Snowshoe Lane/Lot 23, Vail Meadows Filing 1. Based upon staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this application, subject to the findings noticed in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant Peregrine Group Development LLC, represented by Krueger Architecture, is requesting the review of a variance from Section 12-14-17, Setback from Watercourse, Vail Town Code, in accordance with the provisions of Section 12-17, Variances, Vail Town Code, to allow for the on-site relocation of a natural seasonal stream channel, located at 5002 Snowshoe Lane. The proposed on-site stream relocation will facilitate the construction of a new duplex to replace the existing single family residence on the property. Please see the background section below for additional information concerning the request. A vicinity map (Attachment A), site photos (Attachment B), Applicant's Narrative dated August 26, 2019 including SGM (consultant) memo (Attachment C), Plan Set, (Attachment D) and Site Survey (Attachment E) are attached for review. III. BACKGROUND The Vail Meadows Subdivision was approved under Eagle County jurisdiction in 1966. The existing single family home was constructed under Eagle County jurisdiction prior to annexation into the town of Vail via ordinance No. 31, Series of 1974. On February 6, 2019 the TOV Design Review Board unanimously approved the replacement of the existing home with a new duplex structure. Due to the winter conditions, neither the applicant nor staff was aware of the presence of the seasonal stream on the property. In the spring of 2019, substantial water running in the seasonal stream was observed by staff and the applicant, rendering the approved plans unfeasible. At that time, the applicant engaged with SGM Engineering for consulting services related to hydrology and wetlands and Ceres Plus for landscape design to explore relocating the seasonal stream into the 15' required side setback. Although there is no required setback from this seasonal stream as it is not an inventoried TOV stream. Staff believes that the prohibition on changes to natural creek or stream channels is applicable, resulting in the need for this variance. Town Engineer Tom Kassmel and Water Quality Education Coordinator Pete Wadden have assisted in working with the applicant on an appropriate remedy. From the onset, TOV staff has relayed to the applicant that the metric for evaluating any proposal for relocating the seasonal stream would be a resulting condition that is superior to the existing condition in terms of hydrology, ecology and aesthetics. The relocated seasonal stream has been designed to handle approximately 150% of the existing capacity in a more programmed manner with a series of drops to reduce flow rate and appropriate plantings to both treat runoff entering the stream channel and create a more natural environment. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Title 12 — Zoning Regulations, Vail Town Code Chapter 12, Article 14, Supplemental Regulations (in part) (emphasis added) Town of Vail Page 2 12-14-17. SETBACK FROM WATERCOURSE: Minimum setback from a creek or stream shall be not less than thirty feet (30) from the center of the established creek or stream channel as defined by the town comprehensive plan base maps, provided, however, that the setback from Gore Creek shall be fifty feet (50'). Natural creek or stream channels may not be rechanneled or changed. 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. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, "Conditional Use Permits'; and by section 12-3-7, `Amendment'; of this title. 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Town of Vail Page 3 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 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. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following W*RRM a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not generally apply 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. V. ZONING AND SITE ANALYSIS Address: 5002 Snowshoe Lane Legal Description: Vail Meadows Filing 1, Lot 23 Zoning: Two -Family Residential (R) District Town of Vail Page 4 Land Use Plan Designation: Low Density Residential Current Land Use: Single Family Residence Geological Hazards: Moderate Hazard Debris Flow, Moderate Hazard Avalanche VI. SURROUNDING LAND USES AND ZONING Existing Land Use: Zoning District: North: Residential Two -Family Residential (R) District South: ERWS General Use (GU) District East: Residential Two -Family Residential (R) District West: USFS None VII. REVIEW CRITERIA The review criteria for a variance request are prescribed in Title 12, Chapter 17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The on-site relocation of the seasonal stream will have no negative effects on existing or potential uses and structures in the vicinity. The redesigned stream channel, with increased capacity, will result in a more managed drainage system for the area. Staff finds the proposed variance does meet this criterion. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. The existing location of the seasonal stream, coupled with steep slopes, multiple GSA designations and an odd lot configuration result in a challenging development scenario. The proposed new duplex, approved by the DRB in February of 2019, was designed to address the site's many restrictions without knowledge at that time of the presence of the seasonal stream. The on-site relocation of the seasonal stream out of the building footprint into the side setback, with improvements to both function and aesthetics, allows the future development of the site consistent with other sites in the vicinity. Staff believes the proposed variance is consistent with the goals of the Town of Vail Land Use Plan and purposes of the Two -Family Residential District as identified in Section IV of this memorandum. The proposal will improve the functionality and value of the property, supported by Land Use Plan Goal 1.3. Town of Vail Page 5 1.3. The quality of development should be maintained and upgraded whenever possible. Staff finds the proposed variance does meet 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 variance to facilitate the relocation of a seasonal stream will not alter population; will not affect any existing transportation or traffic facilities, public facilities, or utilities; and will not affect public safety in comparison to existing conditions. Therefore, Staff finds the proposed variance conforms to this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. VIII. ENVIRONMENTAL IMPACTS The approval of this variance and the resulting relocation of the seasonal stream will have a net environmental benefit through improvements to the hydrology and ecology of the stream. IX. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission approve, with conditions, a variance from Section 12-14-17, Setback from Watercourse, Vail Town Code, in accordance with the provisions of Section 12-17, Variances, Vail Town Code, to allow for the on-site relocation of a natural seasonal stream channel, located at 5002 Snowshoe Lane/Lot 23, Vail Meadows Filing, and setting forth details in regard thereto Should the Planning and Environmental Commission choose to approve, with conditions, this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the applicant's request for a variance from Section 12-14-17, Setback from Watercourse, Vail Town Code, in accordance with the provisions of Section 12-17, Variances, Vail Town Code, to allow for the on-site relocation of a natural seasonal stream channel, located at 5002 Snowshoe Lane/Lot 23, Vail Meadows Filing, and setting forth details in regard thereto. " Town of Vail Page 6 Should the Planning and Environmental Commission choose to approve, with conditions, this variance request, the Community Development Department recommends the Commission applies the following conditions: 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. Prior to submitting for a building permit, the applicant shall provide the Community Development Department all required approvals from the US Army Corps of Engineers (USACE) related to the project, to be reviewed and approved by the Town Engineer. Should the Planning and Environmental Commission choose to approve, with conditions, this variance, the Community Development Department recommends the Commission make the following findings: "Based upon the review of the criteria outlined in Section VII of the staff memorandum to the Planning and Environmental Commission dated September 23, 2019, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two -Family Residential (R) District, 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, and 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code,- b. ode, b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the Two -Family Residential (R) District.; and 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 Two -Family Residential (R) District." Town of Vail Page 7 X. ATTACHMENTS A. Vicinity Map B. Property photos C. Applicant's Narrative dated August 26, 2019 including SGM (consultant) memo D. Plan Set dated September 9, 2019 E. Site Survey, dated July 17, 2019 Town of Vail Page 8 LL ­% r' ". del " At.AAL Aw 41, 9�+, ♦ 1 r ry .-46. "" • _ w i 'yxa OV LL o `iAwLo E o N V O �x Jew Me del " At.AAL Aw 41, 9�+, ♦ 1 r ry .-46. "" • _ w i 'yxa OV LL o `iAwLo E o N V O �x 71 AL, s Y r / bx-r i v + t�--. .fir-�♦ r /� r/A v i 5002 Snowshoe Road Variance Application to relocate drainage into side setback Prepared by Pavan Krueger, Krueger Architecture & Design, on behalf of Owner Rich Schierburg Submittal August 26, 2019 Synopsis: The design team is applying for a variance to divert an existing drainage that originates offsite and continues to the Gore Creek. The diversion will allow the opportunity to upsize the drainage to reflect updated flow requirements; it will allow for a more aesthetically pleasing drainage that is beneficial to the homeowners and the neighborhood; and it will allow the development of a drainage that is more ecologically sensitive and reflects the surrounding natural environment. History: 5002 Snowshoe Road was originally developed as a single-family home in 1971. There appears to have been minimal landscaping, other than native vegetation, and a culvert under the drive to handle drainage. There is a drainage that originates southeast of the property, and extends into the property, with the extents about 40' into the property at the worst case. It appears that some informal improvements have been made to the drainage, but it does not appear to have been maintained over the decades. That said, this year during what was described as a 100 -year runoff by an engineer, the drainage held the flow during the highest runoff period and did not flood the property. Photos of the existing drainage show a rock -lined trench, rock spillways, and a log bridge. There is a white PVC pipe in one area for which the purpose is unclear. Liner can be seen in areas, but it is torn and not consistent. Figure 1 Existing drainage with buried pipe Figure 2 Existing spillway at drainage Wetlands Figure 3 Existing drainage with informal bridge It was noted after a visit by a team of Town of Vail Planner Jonathan Spence, Engineer Tom Kassmel, and Wetlands Specialist Peter Wadden that there is vegetation in the area of the drainage that could indicate the existence of wetlands. Eric Petterson of SGM, an ecologist with expertise in wetland delineation, 404 Clean Water Act permitting, biological assessment, NEPA evaluation, and Endangered Species Act (ESA) compliance consulting, visited the site during the period of high runoff to evaluate the following: 1- evaluate the existence of wetlands; 2- evaluate whether this is a Water of the US; 3- study hydrology to determine required 100 year flow data. During his visit, he did note that there is vegetation characteristic of wetlands, but there were not soil or hydrological conditions to support the finding of wetlands except in a very small portion of the site. See Eric Petterson's report. Water of the US Eric Petterson noted that the drainage is considered a Water of the US, as it continues on to the Gore Creek. Because of this, the relocation of the drainage will require submittal to the US Army Corps of Engineers. SGM Engineers has been requested to assist in submitting to the Army Corps. Kathy Aalto of Ceres -Plus Landscape Architecture is coordinating with SGM to provide a drainage that provides adequate flow for a 100 -year event, and also provides a beautiful and ecologically sensitive solution to relocating the drainage. SGM recently learned that the Town of Vail is currently updating drainage/flow information for this area of East Vail, and new data and requirements will be taken into account in the design of the new drainage. Context There are other properties in the area that have rerouted drainage to create amenities on their properties. The adjacent property to the east created an attractive waterway that runs through the side setback in an improved rock lined feature, which then drains into a grass trench that runs along the road. We have designed a similarly natural waterway to divert water into our side setback, but the use of grass will be limited to small areas around the house and will allow for natural vegetation around the diversion and through the majority of the site. We are designing our diversion to reflect the nature of the improvements directly to the east, with a natural, organic feel. However, while this improvement has manicured grass adjacent to the drainage, we have opted for native revegetation that reflects the natural vegetation in the area. I visited the site with the owner, Rich Schierburg, in August and September 2018, and he purchased the property in October 2018. There was indication of a rock bed and a culvert, but it was dry with no water flowing, and overgrown, so it was difficult to see the extent of the drainage. Town of Vail mapping did not indicate a named waterway. We designed a duplex residence and went through conceptual and final DRB approvals. We also went through a redesign process and DRB revisions to approved plans based on an avalanche hazard study that called for design to withstand avalanche loads at the southeast side of the property. We were poised to submit for permit this spring. In late April when I visited the site, I noted a substantial amount of water running in the rock bed and alerted the owner and Town of Vail. Tom Kassmel laid out the requirements for dealing with the water, as previously described. The water has since abated as of the most recent visit on August 15, and the rock bed is completely dry. The current waterway extends onto the property 40' at the most extreme point. If we were to maintain this distance, a duplex development would be very difficult, especially given the avalanche constraints and the steepness of the site. We propose that the diversion will enter the 15' side setback on the east at the south side of the house, will meander down the site then will continue under the driveway in new culverts, reappearing in a landscaped area at the center of the site. This configuration allows for a duplex that uses 6378 of the allowed 9751 GRFA. Due to the constraints of the site, GRFA cannot be maximized as is, and would be further limited by having to maintain the current location of the waterway. The new drainage will be more sustainable than the current, as it will include a thoughtfully designed and built drainage that is adequately sized, rock and filter fabric lined, and with a consistent slope that allows for constant flow during high runoff. It is estimated that the drainage will need to be about 150% of the existing capacity. Upon successfully receiving a variance, we will complete the hydrology study required to precisely size the relocated drainage. It will also be attractively designed such that the 10 months of the year that it is dry, it will be a beautiful visual amenity to the site and Town of Vail. The drainage, grading and drive are designed to maintain as many existing trees as possible. The revegetation surrounding the drainage will be a Pawnee Buttes Native Mountain Seed Mix. This is one of the mixes that the Town of Vail uses regularly in their landscaping projects. From Pawnee Butte's website: "PBSI's Native Mountain Mix is our premier seed mix for mountain parks and slopes, including a variety of upland settings. This species mix grows best from 7,000 ft to elevations over 9,000 ft, under mesic (well-balanced) moisture conditions. The Native Mountain Mix is adapted to mountain conditions and useful for restoration, forage and wildlife. It is also well-suited for reclamation of roads, trails, pipelines and home sites. This mix also performs well on cooler, more mesic north facing slopes. Ingredients: Streambank Wheatgrass, Mountain Bromegrass, Slender Wheatgrass, Blue Wildrye, Big Bluegrass, Rocky Mountain Fescue, Sandberg Bluegrass, PrairieJunegrass, Tufted Hairgrass " We are working with an experienced, reputable and skilled design and construction team, including the following: Architect: Pavan Krueger- Krueger Architecture & Design Builder: Jared Kedrowski- Mountain Top Homes Landscape Architect- Kathy Aalto, Ceres Plus (formerly Land Designs by Ellison) Wetlands Engineer: Eric Petterson- SGM Engineering I Consulting I Surveying Hydrologist: Angie Fowler —SGM Engineering I Consulting I Surveying Conclusion: The owner will create a beautiful amenity of the drainage, enhance the existing ecology of the site and beyond, and create a waterway that will provide for increased flows. See attached wetlands report, site plan and landscape plan for relocation of the drainage. (BSGM MEMORANDUM FROM: Eric Petterson (rachelk@sgm-inc.com) DATE: August 14, 2019 RE: Wetlands Investigation Summary — 5002 Snowshoe Lane Dear Pavan, SGM has completed an investigation and delineation of potential wetlands and waters of the U. S. at 5002 Snowshoe Lane, in the Town of Vail. The purpose of the investigation was to evaluate the parcel and proposed development as it may affect wetlands and surface water features, and to determine potential permit compliance requirements under Section 404 of the Clean Water Act (CWA), as administered by the U.S. Army Corps of Engineers (USACE). SUMMARY The parcel at 5002 Snowshoe Lane has an ephemeral and intermittent creek on the eastern side of the parcel. This creek flows in the spring and early summer months primarily from snowmelt hydrology; some flows may occur after particularly intense precipitation events. The creek supports fringe wetlands at the upper side of the parcel (southwestern end of the parcel), but as the creek enters the steeper portions of the parcel and near the existing house, the wetland soil and hydrology conditions no longer support jurisdictional wetland conditions. Even though there are some hydric vegetation species intermittently along the creek, they are not dominant and do not meet the requirements for wetland vegetation. Hydric soil conditions also do not meet the requirements for hydric soils per USACE guidance. While wetland conditions are limited to the upper portions of the parcel, the creek does have a nexus to Gore Creek, and the creek would therefore be considered a jurisdictional water of the U.S., subject to regulation by the USACE. This memo is designed to brief the planning team regarding the site; a full wetland delineation report suitable for submittal to the USACE can be produced based on the field data collected. 1 18 W. 6'" St, Ste 200 Glenwood Springs, CO 81601 Phone: 970-945-1004 Fax: 970-945-5948 t� G PROJECT & SITE INFORMATION • Project Name: 5002 Snowshoe Lane • Army Corps Action ID: No ID at this time • Project Sponsor: Krueger Architecture & Design c/o Pavan Krueger PO Box 8332 Avon CO 81620 970-390-0968 Email: pavan@kruegerarchitecture.com • Agent: SGM c/o Eric Petterson 118 W. 6t" St. Suite 200 Glenwood Springs, CO 81601 Phone: 970-387-9017 Email: ericp@sgm-inc.com • Prosect Description: Proposed Lot Development • Nature of Activity: Residential lot development • Regulatory Action: None at this time • ESA Coordination: No potential to cause affect, based on recorded habitat conditions. WETLAND & WATERS DELINEATION 5002 Snowshoe Lane Wetlands • Historic Properties: Project may need review • Tribal Consultations: None required • Wild & Scenic Rivers: None • Water Quality Certification: Pursuant to section 25-8-302(1)(f) of the Colorado Revised Statues, Nationwide Permits are 401 certified • Legal Description of Prosect Area: Sec 18, Township 5 South, Range 79 West, 6t" PM • Latitude/Longitude of Project: Latitude: 39.622334° Longitude: - 106.28404° • Aquatic Resources: 0.006 acres of jurisdictional wetlands; 113 linear feet of WoUS, 0.01 surface acres • Local Waterway Name: Unnamed tributary to Gore Creek • Hydrologic Unit Code: 140100030101 Upper Gore Creek Krueger Architecture and Design contracted with SGM for the delineation of all potential jurisdictional wetlands and WoUS at 5002 Snowshoe Lane in the Town of Vail. Any wetland areas and WoUS that could potentially be impacted by development activities were delineated in July 2019 during typical growing -season conditions for the region, by SGM's Eric Petterson. The wetlands and waters investigations were conducted using the Routine Determination Method set forth in the USACE Wetland Delineation Manual (USACE 1987); the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (USACE 2010); and the guidance document "Information Needed for Jurisdiction al Determinations - US Army Corps of Engineers". 2 yf 5002 Snowshoe Lane Wetlandst Description of Desktop Review and Preliminary Area Evaluation SGM obtained and reviewed maps, aerial photos, and soil map unit descriptions of the project area. SGM reviewed the National Wetlands Inventory (NWI) which indicated the presence of one wetland type within the Investigation Area: RSUBH (Riverine, Unknown Perennial, Unconsolidated Bottom, Permanently Flooded). In evaluating potential wetlands, SGM (a) assessed vegetation, soil and hydrologic characteristics to identify areas meeting the wetland identification criteria and (b) marked WoUS and potential wetland areas with sub -meter GPS units. Results within Investigation Area Based on the field investigation, the project area supports 0.006 -acres of potentially jurisdictional wetlands and 113 linear feet of non -wetland waters of the U.S. (0.01 surface acres) associated with the unnamed creek. The mapped wetlands supported hydric vegetation, hydric soils and wetland hydrology which met the requirements for jurisdictional wetlands. This wetland area did not continue down through the parcel as hydric soil conditions were not continuous, and wetland vegetation was not dominated by hydrophytes through the entirety of the investigation area along the creek. As the creek has surface connection to Gore Creek, the creek would still be considered a water of the U.S. under the regulatory authority of the USACE. A wetland delineation map (Figure 1) depicts the mapped boundaries, and the location of all aquatic resources noted during the survey. One pair of data points, and three additional data points (five points total) were used during the survey, and the data forms are included. A photolog documenting general site conditions is also included. Vegetation The primary vegetation type around the project area is characterized as montane riparian woodlands, supported by seeps and surface waters in the unnamed creek. The riparian woodland vegetation type gradually transitions to more upland montane woodlands dominated by aspen (Populus tremuloides) woodlands. Riparian woodland vegetation is dominated by aspen (Populus tremuloides — FACU), Engelmann spruce (Picea engelmanii — FAC), Scouler's willow (Salix scouleri — FAC), mountain willow (Salix monticola — FACW), twinberry (Lonicera involucrata — FAC), cow parsnip (Heracleum giganteum — FAC), monkshood (Aconitum columbianum — FACW), orchard grass (Dactylis glomerata — FACU), and other species. Soils Soil pits showed light redoxomorphic features, and slight sulphidic odors in wetland areas. Upland soil pits failed to support these indicators. Conditions ranged from sandy/gravelly loam to very cobbly sandy loam. The parcel area has not been mapped by the NRCS. Hydrology Site hydrology is driven by the intermittent and ephemeral unnamed creek, along with some seepy areas immediately adjacent to the creek. This creek dries up during the later summer and fall. The creek displays 3 M 5002 Snowshoe Lane Wetlandst defined bank features, and an OHWM of approximately 2-4 feet wide, and approximately 4-10 inches deep. The creek was flowing bank full during the site visit (Figure 1) Summary Table of Aquatic Resources Delineation Table 1. Summary of Aquatic Resources and Nexus in Investigation Area Name Size (acres) Flow Frequency Flows to Abutting Intermittent and Potential Wetlands 0.006 Unnamed Ephemeral Creek Non -Wetland WoUS 0.01 Annual Irrigation Gore Creek Total 0.016 CONCLUSION The parcel supports 0.01 acres of (potentially) jurisdictional wetlands, approximately 113 linear feet of non - wetland waters of the U.S., with approximately 0.01 surface acres within the OHWM. Impacts to the wetlands or creek would be regulated by the USACE, likely covered under a Nationwide Permit. Impacts or realignment of the creek would result in no impacts to Threatened or Endangered species. An archaeological survey of the site may be necessary for USACE permitting. If you have any questions, please do not hesitate to contact me at 970-309-5190, or at ericp@sgm-inc.com. Sincerely, Eric Petterson Senior Ecologist Environmental Team Lead 4 lu CL 5� G aj U L O CA aj 41U f0 3 ti 3 Op LL 0 nSGM REFERENCES 5002 Snowshoe Lane Wetlands Lichvar, R.W., D.L. Banks, W.N. Kirchner, and N.C. Melvin. 2016. The National Wetland Plant List: 2016 wetland ratings. Phytoneuron 2016-30: 1-17. Published 28 April 2016. ISSN 2153 733X Natural Resource Conservation Service. 2017. SSUGO Database. NRCS. 2018. https://www.nres.usda.gov/wps/portal/nres/detail/soils/survey/?cid=nresl42p2_053627 United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers Wetland Delineation Manual. Wetlands Research Program Technical Report Y-87-1. United States Army Corps of Engineers. 2010. Environmental Laboratory, Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (V.2, ERDC/EL TR -10-3). US Army Engineer Research and Development Center. Vicksburg, MS. United States Army Corps of Engineers. 2005. Regulatory Guidance Letter No. 05-05. Ordinary High Water Mark Identification. December 7, 2005. R gig os xzcaaa'3.1V����ciz ,oe ao i. TT OD Im SMO PL@A HLA'EZ 10VZ Su!l!J'@OgsmOw ZOOS R R R R g,➢R9 �z o 3 - �1 R - 6 £ pLL MR! xaldn4 aoysmous law € 1 ; gig H not R in got k o £ pLL MR! Z law € 1 ; a �. o� g°go %w F 1 �oFLLd �a poi 110 mg R H to h IN o o3b Rg °o �Ho8m g� aw �,a o; � ww, 08 f so I 3P 8 3 zO aby Do H a -g n ssa. g 3p�A`A z spm o< NMmVp +sa aUS Z aA srnopeaw �ie�'EZ;off 'Z 2uili j 'aoysrnouS 2005 xaldn4 aoysmous 5 � 5 ga ads �' ` o s 1o$ g 1 2 SIX WIN 7 q URI 1 H 14 11 MPH I m i 10 S' g ig, a jqj oil 21 m m till City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: September 23, 2019 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, and amendments to Title 14, Development Standards, Vail Town Code, to update definitions, to remove redundant definitions, and regulations for retaining walls, and setting forth details in regard thereto. (PEC19-0017) ATTACHMENTS: File Name Staff Memo PEC19-0017.pdf Title 12 Definitions Ordinance.pdf Retaining Walls-0080119.pdf Description PEC19-0017 Staff Memo [Attatchment A] Ordinance Definitions [Attachment B] Ordinance Retaining Walls K) rowN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 23, 2019 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, Zoning Regulations, Vail Town Code, and amendments to Title 14, Development Standards, Vail Town Code, to update definitions, to remove redundant definitions, and regulations for retaining walls, and setting forth details in regard thereto. (PEC19-0017) Applicant: Town of Vail Planner: Erik Gates SUMMARY The Community Development Department is proposing to update the Vail Town Code to amend definitions in Title 12 and Title 14 to remove redundant definitions and clarify the code. II. DESCRIPTION OF REQUEST The Community Development Department is requesting that the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for amendments to Sections 12-2-2, 14-2-1, and 14-10-8, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the removal of redundant definitions and update of definitions outlined below. PROPOSED TEXT AMENDMENT LANGUAGE Sections of Title 12 and Title 14 of the Vail Town Code are amended as follows (italicized indicates new language and c+riUo+hrni inh indicates language to be removed): 12-2-2: DEFINITIONS OF WORDS AND TERMS: When used in this title, the words and phrases contained in this title shall have the specific meanings as defined in this section. All words, terms, and phrases not otherwise defined herein shall be given their usual and customary meanings, unless the context clearly indicates a different meaning was intended. ADMINISTRATOR: The ad-minictrater of the donor+mon+ of nnmm, inity d8V8lnnm8n+ Director of Community Development or i„� designee. DWELLING UNIT: Any room or group of rooms in a single-family, two-family or multiple - family building with kitchen facilities designed for or used by one family as an independent housekeeping unit. PLANNING AND ENVIRONMENTAL • • The bedy respeRsible -zoning ordinance, master p!ans, --bd,.,-,-.. regu!ations, .....—menta! concerns, etc., The Commission established by title 3, chapter 2 of this Code. VAIL COMPREHENSIVE PLAN- An Advisory Master Plan for the development of the • The Vail Comprehensive Plan is a compendiumof planning documents that are updated, amended and adopted by the Town Council.•• of - current Comprehensive • 1- kept by the Community Development Depa- 1 available for inspection during business hours. The Vail QernpreheRsive Pl;;p will PENN!�_• P M-11"11 0 1 I 11 j 1 Will 14-2-1: DEFINITIONS OF WORDS AND TERMS: in in I own ■.. III I Lill L VVI - Board established pursuant to title 3, chapter 4 of t is code. DEVELOPMENT: Defined in title 12, chapter 2 of this code. All on+iyi+ies iRvel„inn oar+h , Town of Vail Page 2 DWELLING, MULTIPLE -FAMILY: Defined in title 12, chapter 2 of this code. A b6iI nentelnlnrr throe /Q\ er mere GkAyellinrr i inito innli 1dinrr tekemhei ioeo Fuel hei 1seo eanh living as an hei ioekeepinrr i snit DWELLING, SINGLE-FAMILY: Defined in title 12, chapter 2 of this code. ° d hei icekeenine i ini+ DWELLING, TWO-FAMILY- Defined in title 12, chapter 2 of this code. 4 dtQt;;r-htQd I MON 16-110 0 1- EHU: Defined under "EMPLOYEE HOUSING UNIT (EHU)"in title 12, chapter 2 of this code. nnTeFnleyee hei Ginrr i ini ,n in tRitle 17, "ZGRiR@I Reg6llatieRs", of this nei-le PAF the p irneoe of glriyeviay pa*inrr and aGGeooStA PI aRrGu�Allll�hc nnncirlererl o rinielline i snit LOT OR SITE- Defined in title 12, chapter 2 of this code. A paFGGI ef Iand GGGHPOAGI A IN -1- 011 NOW ".10 111111111 IN 1.1111111IN! I � 111 M.1211@12211- 11- lie Me - W -s'- I - We Me e Xsi P. No- M.. all! GE)RGGFRS, GtG., The Commission established by title 3, chapter 2 of this Code. SATELLITE DISH ANTENNA: Defined in title 12, chapter 2 of this code. dish shaped antenna deoirrned to reneiPie YViA ieo Town of Vail Page 3 SETBACK AREA: Defined in title 12, chapter 2 of this code. The aTea w 0t#i� r site SETBACK LINE: Defined in title 12, chapter 2 of this code. 4 lino nr v,;+hin o In+ SETBACK LINE, FRONT: Defined in title 12, chapter 2 of this code. The setba k l;AtQ exteRdiRg the full wid-th A -f the si.te parallel te :-;Ad- Fnea;Sured- fre.rn the fre—At 'At Ar site lipe SETBACK LINE, REAR: Defined in title 12, chapter 2 of this code. The setba k lipe SETBACK LINE, SIDE: Defined in title 12, chapter of this code. Th^ o^+h.;nL lin^ from n rMdtQ Int r ci+o lino r,vrrr ac-rvc-vr�r�ti-rrr-r� SITE COVERAGE- Defined in title 12, chapter 2 of this code. The ratm.e A -f thiQ tAt;;' buildiRg area eR a site te the t tall arfaa A -f. a Site, GXPR-9668d- ;-36 a; PGFGGRtage F=Ar thtQ 4- liq 11111101 F-1- M1010181 WE Miami I RIM i SLOPE- Defined in title 12, chapter 2 of this code. Shall be established by measuriRg 111- 1 111- '1101 WIN Town of Vail Page 4 14-6-7: RETAINING WALLS: A. General: All retaining walls are reviewed by the Design Review Board or the Administrator to determine compatibility to the existing topography ofaPA-the materials in use. Retaining walls shall not exceed an exposed face height of six feet (6). Within a front setback, retaining walls shall not exceed an exposed face height of three feet (3'), unless related to access to or development of a structure GGR6tF11G-tfQd on excessive slopes (in excess of 30 percent). Retaining walls associated with a street located within a public right of way or access to an underground covered parking structure are exempt from these height limits, but must be approved by the Design Review Board and shall meet the standards prescribed in Section 14-10-3 of this Code. Retaining walls shall be located a minimum of two feet (2') from adjacent private property boundaries and should be ten feet (10') from the edge of a public street unless otherwise approved by the town engineer. All retaining walls over four feet (4') in height, measured from the bottom of a footing to the top of wall as per the adopted town of Vail building code, shall be engineered and stamped by a licensed Colorado professional engineer (PE stamp) except in the right of way, where retaining walls over three feet (3') in height, measured in the same manner, shall require a PE stamp. All retaining walls requiring a PE stamp shall be required to have submitted and approved, prior to building permit release, engineered stamped plans, profiles, sections, details, and engineering analyses and calculations for each wall type as required by the town engineer. At a minimum, unless otherwise directed, the engineering submittal shall include PE stamped plans, and PE stamped typical details with all engineering design parameters and calculated factor of safety provided on the details. Plans and details shall be cross referenced. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application and make the final decision. Planning and Environmental Commission: Town of Vail Page 5 The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board held three separate work sessions to review the proposed text amendment. The board is supportive of the language submitted to the PEC for their review. The Design Review Board (DRB) has no formal review over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also prov des the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose.- A. urpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes.- Town urposes: Town of Vail Page 6 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. VI. ENVIRONMENTAL IMPACTS The proposed regulation amendment does not have identifiable environmental impacts. VII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The general purposes of the zoning regulations are for "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" This text amendment is intended to advance these purposes by providing clear standards in the zoning code by removing repeated definitions and provided one clear definition for words used in the code. This added clarity will help to improve customer Town of Vail Page 7 service as residents will be able to more easily navigate through the code and staff will be more effective in finding relevant sections applying them and answering questions about them. 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 will provide the community, as well as anyone who references the code, clear standards for planning and development review that can be applied consistently. 3. 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 text amendment largely simplifies the existing regulation and adds clarity. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and By increasing consistency and removing redundancy in the zoning code, the proposed text amendment would promote a harmonious, convenient and workable relationship among land use regulations consistent with municipal development objectives. The text amendment does not conflict with other existing land use documents or municipal development objectives. 5. Such other factors and criteria the Planning and Environmental Commission and/or council deem applicable to the proposed text amendments Staff will provide additional information as needed should the PEC and/or council determine other factors or criteria applicable to the proposed text amendments. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section III of this memorandum and the evidence and testimony presented. Town of Vail Page 8 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 pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12- 3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, and amendments to Title 14, Development Standards, Vail Town Code, to update definitions, to remove redundant definitions, and regulations for retaining walls, 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 a review of Section 111 of the September 23, 2019 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code, 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. " IX. ATTACHMENTS A. Title 12 Definitions Draft Ordinance B. Title 14 Retaining Walls Draft Ordinance Town of Vail Page 9 ORDINANCE NO. SERIES 2019 AN ORDINANCE AMENDING SECTION 12-2-2 OF THE VAIL TOWN CODE TO CLARIFY CERTAIN DEFINITIONS, AND AMENDING SECTION 14-2-1 OF THE VAIL TOWN CODE TO DELETE DUPLICATIVE DEFINITIONS WHEREAS, several definitions in Section 12-2-2 of the Vail Town Code are outdated and in need of clarification or deletion; WHEREAS, Section 14-2-1 of the Vail Town Code includes definitions that are already located in other sections of the Vail Town Code; WHEREAS, on August 12, 2019, the Planning and Environmental Commission considered the changes proposed by this Ordinance and recommended that the Town Council approve such changes; and WHEREAS, the Town Council finds and determines that the clarification of definitions and the deletion of duplicative definitions is necessary to avoid ambiguity in the Vail Town Code. NOW, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The following definitions in Section 12-2-2 of the Vail Town Code are hereby amended as follows: ADMINISTRATOR: The .mil sm tcrateF Director of Community Development or designee. DWELLING UNIT: Any room or group of rooms in a single-family, two- family or multiple -family building with kitchen facilities designed for or used by one family as an independent housekeeping unit. PLANNING AND ENVIRONMENTAL COMMISSION: The hGdy respeRsoblo fnF review � � ey nmoRt prepesalls eraRy matters pe rta��gte the G mmrm i saii e Rprevia by this GG GI G o n rl +n ;art OR y,A adyiseFy GapaGity tG tihi tt7VeiR Gni iRGil The RIaRRiRg and UQRVi cTt'A1 nn ?in �nica�ca P tQyAh prv7Gr_tq hAqtQd cis Lht� rang GFdiRa RGA masse FF pl� of �19GIOVOGinR Feg lati� eRVirnnmon� GnRH , cr..rc �a�a-rarsr�T-rr" `J `^Tu , cnvmvrrrrrcrr �vrTceFRG, stA_and as establisheEi--by, The Commission established by Title 3, Chapter 2 of this Code. VAIL COMPREHENSIVE PLAN: An Advisory Master Plan for the development of the Town e#Vail. The Vail Comprehensive Plan is a compendium of planning documents that are updated, amended and adopted by the Town Council. A copy of the current Comprehensive plan 9/5/2019 S:ICOMMUNITYDEVELOPMENTTPLANNINGIASHLEYIFINAL DOCUMENTS ORD0EFINITIONS-0073119.DOCX shall be kept by - Community Development Department • available for inspection during business hours. The Vail GernpreheRsive Pl�ap 0. 6; '=W1 H VNIV I M1 IMIN 1111014IONIAN ��:• • :: ■_ •• Section 2. The following definitions in Section 14-2-1 of the Vail Town Code are hereby amended as follows: DESIGN REVIEW BOARD(DRB): The bedy respeRcihle fnr � i n m y, i��rr-L : tp'�l°�-i-vrd-R o f T Fitip--Q R R fp n i i o 0 o APr I i i atm p HGrts huc nn �s nnral-o master ;-;Ad- design �ctandrarrd�.qraoc, �rtcQt h crt rrr-ti-Fiq nAilo innli iilinrr arnhi eG_ FA_.I P-186-igR, site planning, I anilon aPinrr of e G1i­6t�rh�a—eta The Board established pursuant to title 3, chapter 4 of this code. DEVELOPMENT -Defined in title 12, chapterof ode. All rh!3jnnQ !3jnCj rQnjjjrjjnn !3 hijilcliInn r nr!ncjjjnn narmif imnludimn hi -If - Me - DWELLING, MULTI PLE-FAM ILY- Defined in title 12, chapterof ••110 - DWELLING, SINGLE-FAMILY: Defined in title 12, chapter 2 of this code. A on he icekeepiRg i init DWELLING, TWO-FAMILY: Defined in title 12, chapter 2 of this code. ° domed hi iildiRg nnntainiRg twe (` dwelliRg6wits,dpsigRed fnr�sed as a dwe4i=Rg DWELLING UNIT: Defined in title 12, chapter 2 of this code. 2 9/5/2019 S:ICOMMUNITYDEVELOPMENTTPLANNINGIASHLEYIFINAL DOCUMENTS ORD0EFINITIONS-0073119.DOCX EHU: Defined under "EMPLOYEE HOUSING UNIT (EHU)" in title 12, chapter 2 of this code. AR nleyee he isiRg , Rit as d2f1 imp +i+l� niRg Reg6iiu G"efthis rue -de Per the p6wpese of i-Irivowiay pa*inrr and .BGG standards, I an EH shall be nnnsidered a dwelling , ini+ LOT OR Defined in title 12, chapterof code.Wk V1161 mm .. Commission established • chapter of Code. SATELLITE DISH ANTENNA: Defined in title 12, chapter 2 of this code. A parabelin Gr dish shaped antenna deGir Red tA_ FGA-80PA-9 YViA es SETBACK- De'�finedin title 12, chapter 2 of this code. Tz-a;� har � fro.rq a IIG)t n.,r aTt do, GFUQC,ria+ a tream-meas 61 Fed herizert ally te a InG Gr Ir, n.��r+�vTrwTl�-...P thiQ ...- nv �t� nihinh os lish�? the PerYl'llc�� I�nnra}An n����1��? nr hiiilrlinrrs AP situ "' f"l�TTTf SETBACK 'EA- Defined in titl- 12, chapterof • 1 - The area SETBACK LINE: Defined in title 12, chapter 2 of this code. " lino er lera+i^„ h, iil svR the situ SETBACK LINE, FRONT: Defined in title 12, chapter 2 of this code. Theme 3 9/5/2019 S:ICOMMUNITYDEVELOPMENTTPLANNINGIASHLEYIFINAL DOCUMENTS ORD0EFINITIONS-0073119.DOCX WA I EHU: Defined under "EMPLOYEE HOUSING UNIT (EHU)" in title 12, chapter 2 of this code. AR nleyee he isiRg , Rit as d2f1 imp +i+l� niRg Reg6iiu G"efthis rue -de Per the p6wpese of i-Irivowiay pa*inrr and .BGG standards, I an EH shall be nnnsidered a dwelling , ini+ LOT OR Defined in title 12, chapterof code.Wk V1161 mm .. Commission established • chapter of Code. SATELLITE DISH ANTENNA: Defined in title 12, chapter 2 of this code. A parabelin Gr dish shaped antenna deGir Red tA_ FGA-80PA-9 YViA es SETBACK- De'�finedin title 12, chapter 2 of this code. Tz-a;� har � fro.rq a IIG)t n.,r aTt do, GFUQC,ria+ a tream-meas 61 Fed herizert ally te a InG Gr Ir, n.��r+�vTrwTl�-...P thiQ ...- nv �t� nihinh os lish�? the PerYl'llc�� I�nnra}An n����1��? nr hiiilrlinrrs AP situ "' f"l�TTTf SETBACK 'EA- Defined in titl- 12, chapterof • 1 - The area SETBACK LINE: Defined in title 12, chapter 2 of this code. " lino er lera+i^„ h, iil svR the situ SETBACK LINE, FRONT: Defined in title 12, chapter 2 of this code. Theme 3 9/5/2019 S:ICOMMUNITYDEVELOPMENTTPLANNINGIASHLEYIFINAL DOCUMENTS ORD0EFINITIONS-0073119.DOCX SETBACK LINE, REAR: Defined in title 12, chapter 2 of this code. The tbaGk nr cito lino WIN— Oil il fle..W.01-1.4 SITE COVERAGE- Defined in title 12, chapter 2 of this code. The ratie ef thtQ tAt;;1 111"01 M I �11 i M M 10M M. i SLOPE: Defined in title 12, chapter 2 of this code. Shall be established by measuring the maximum number of feet in elevation gained or lost over each ten feet (10') or fraction thereof measured horizontally in any direction between opposing lot lines; the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope". In determination of "slope" as defined herein, for use in establishing buildable area requirements and maximum floor area ratio limitations on existing and proposed lots, a grid system based on ten foot (10') modules shall be superimposed on a topographic map of the subject property and the lot slope determination established by the defined method for each one hundred (100) square foot grid portion of the tract, lot or portion thereof. A. Existing, natural: The gradient or configuration of the undisturbed land surface prior to site improvement of a lot, site, or parcel. B. Graded, finished: The gradient or configuration of the land surface following improvement of a lot, site, or parcel. Section 3. If any part, section, subsection, sentence, clause or phrase of this 4 9/5/2019 S:ICOMMUNITYDEVELOPMENTTPLANNINGIASHLEYIFINAL DOCUMENTS ORD0EFINITIONS-0073119.DOCX ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of 2019 and a public hearing for second reading of this Ordinance is set for the day of 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. 5 9/5/2019 S:ICOMMUNITYDEVELOPMEN7IPLANNINGIASHLEYIFINAL DOCUMENTS ORD0EFINITIONS-0073119.DOCX Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of )2019. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk 6 9/5/2019 S:ICOMMUNITYDEVELOPMEN7IPLANNINGIASHLEYIFINAL DOCUMENTS ORD0EFINITIONS-0073119.DOCX ORDINANCE NO. SERIES 2019 AN ORDINANCE AMENDING SECTION 14-6-7.A. OF THE VAIL TOWN CODE TO CLARIFY DESIGN STANDARDS FOR RETAINING WALLS WHEREAS, Section 14-6-7.A. of the Vail Town Code establishes design standards for retaining walls and is in need of clarification; WHEREAS, on August 26, 2019, the Planning and Environmental Commission considered the changes proposed by this ordinance and recommended that the Town Council approve such changes; and WHEREAS, the Town Council finds and determines that the clarification of Section 14-6-7.A. is necessary to avoid ambiguity in the Vail Town Code. NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 14-6.7.A. of the Vail Town Code is hereby amended as follows (italicized indicates new language and strikethre nh indicates language to be removed): 14-6-7: RETAINING WALLS: A. General: 1. All retaining walls are reviewed by the Design Review Board or the Administrator to determine compatibility to the existing topography of a446 the materials in use. Retaining walls shall not exceed an exposed face height of six feet (6). Within a front setback, retaining walls shall not exceed an exposed face height of three feet (3'), unless related to access to or development of a structure on excessive slopes (in excess of thirty (30) percent). Retaining walls associated with a street located within a public right-of-way or access to an underground covered parking structure are exempt from these height limits, but must be approved by the Design Review Board and shall meet the standards prescribed in Section 14-10-3 of this Code. 2. Retaining walls shall be located a minimum of two feet (2') from adjacent private property boundaries and should be ten feet (10') from the edge of a public street unless otherwise approved by the Town Engineer. 3. All retaining walls over four feet (4') in height, measured from the bottom of a footing to the top of wall as per the adopted TeyVp of V_' building code, shall be engineered and stamped by a licensed Colorado professional engineer (PE stamp) except in the right of way, where 8/22/2019 IIVWS-STORAGEIDESKTOPS$IACLARKIDESKTOPIPEC 8-261RETAINING WALLS-0080119.DOCX retaining walls over three feet (3') in height, measured in the same manner, shall require a PE stamp. 4. All retaining walls requiring a PE stamp shall be required to have submitted and approved, prior to building permit release, engineered stamped plans, profiles, sections, details, and engineering analyses and calculations for each wall type as required by the Town Engineer. At a minimum, unless otherwise directed, the engineering submittal shall include PE stamped plans, and PE stamped typical details with all engineering design parameters and calculated factor of safety provided on the details. Plans and details shall be cross referenced. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of 2019 and a public hearing for second reading of this Ordinance is set for the day of 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk 2 8/22/2019 IIVWS-STORAGEIDESKTOPS$IACLARKIDESKTOPIPEC 8-MRETAINING WALLS-0080119.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of )2019. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk 3 8/22/2019 IIVWS-STORAGEIDESKTOPS$IACLARKIDESKTOPIPEC 8-MRETAINING WALLS-0080119.DOCX City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: September 23, 2019 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, and Title 14, Development Standards, Vail Town Code, to amend the regulations on building design and landscaping in the Wildland Urban Interface to reduce the risk of wildfire, and setting forth details in regard thereto. (PEC18-0035) ATTACHMENTS: File Name PEC18-0035 WUI Code Staff Memo FINAL 091919.pdf A Fire Memo PEC V\/LII Code Adoption 090319 FINAL.pdf B Title 12 Chapter 11 Desiqn Review FINAL 091919.pdf C Title 12 Chapter 21 Hazards FINAL 091919.0 D Title 14 Chapter 2 FINAL 091919.pdf E Title 14 Chapter 10 FINAL 091919.pdf F Buildinq Code WUI Integreation to ORD 2019.pdf G Buildinq Code Definitions.pdf H Fire -Resistant Landscapinq Guidelines.pdf I Plant Recommend Brochure.Ddf Description PEC18-0035 - Staff Memo Attachment A - Applicant Narrative / Fire Department Memo Attachment B - Proposed Text Amendmnets - Title 12, Chapter 11 Attachment C - Proposed Text Amendments - Title 12, Chapter 21 Attachment D - Proposed Text Amendments - Title 14, Chapter 2 Attachment E - Proposed Text Amendments - Title 14, Chapter 10 Attachment F - Proposed Amendments to the International Building Code Attachment G - Definitions - 2018 International Residential Code Attachment H - Fire Resistant Landscaping Guidelines Attachment I - Plant Recommendations Brochure 0 rowN of vaiL') Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 23, 2019 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, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, to amend the regulations on building design and landscaping in the Wildland Urban Interface to reduce the risk of wildfire, and setting forth details in regard thereto. (PEC18-0035) Applicant: Town of Vail, represented by Paul Cada, Wildland Program Manager Planner: Chris Neubecker I. SUMMARY The applicant, the Town of Vail, represented by Paul Cada, Wildland Program Manager, requests the review of prescribed regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, relating to building design and landscaping in order to reduce the risk of wildfire. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission (PEC) forward a recommendation of approval to the Vail Town Council, of this application subject to the findings noted in Section VIII of this memorandum. The following attachments are available for review: • Attachment A - Applicant's Narrative / Fire Department Memo • Attachment B, C, D and E - Proposed Text Amendments • Attachment F - Amendments to the International Building Code • Attachment G - Definitions from the 2018 International Residential Code • Attachment H - Fire Resistant Landscaping Guidelines • Attachment I - Plant Recommendations Brochure II. DESCRIPTION OF REQUEST The applicant is proposing to amend the Vail Town Code to implement new regulations on building design and landscaping to reduce the risk of wildfire. These regulations would include changes to permitted exterior building materials, changes to landscaping design requirements, and new requirements for the creation of defensible space around structures. The proposed regulations would apply anywhere within the Town of Vail for new construction, and to additions of 500 square feet or more of gross floor area. III. BACKGROUND Adoption of the International Wildland Urban Interface Code (IWUIC) was presented to the Building and Fire Code Appeals Board at seven meetings during 2018 and 2019. After significant discussions, the Board recommended a change in approach. Rather than adopting the IWUIC in its entirety, the Board recommended a simplified approach whereby the Town's existing regulations would be amended, rather than adopting a new code book. Staff presented the proposed text amendments to the Design Review Board (DRB) on two occasions to gain feedback on the proposed language. On August 7, 2019 the DRB voted 5-0 to recommend adoption of the proposed text amendments, with the condition that language also be added to Section 14-10-5-133b, Vail Town Code, directing users to the Town's adopted building code for a definition of combustible siding. On August 26, 2019 the Planning and Environmental Commission reviewed this application and requested additional information. As requested, the definitions from the Residential Building Code on "Combustible Material" and "Noncombustible Material" have been attached for you review. In addition, staff has attached the current Fire Resistant Landscaping guidelines and the updated Plant Recommendations guide for the PEC's reference. The proposed amendments to Title 10, Building Regulations (which do not require review by the PEC) are also attached. On September 9, 2019 the PEC reviewed this application and requested additional changes. The PEC requested the following changes: 1.) Staff clarify that these regulations are not retroactive, 2.) Change "shall" to "should" in the new language in Section 12-11-3, Design Approval, concerning addition of plant materials; 3.) Change uppercase "Town" to lowercase "town" to be consistent with the existing usage of the word throughout the Vail Town Code. 4.) Change "tenants" to "occupants" in the new definition of Floor Area, Net, Section 12-2-2. Language changed from the meeting of September 9, 2019 is shown in Town of Vail Page 2 IV. PROPOSED TEXT AMENDMENT LANGUAGE The Prescribed Regulation Amendments proposed may be found in Attachments B - E. The proposed changes are centered on three main concepts: 1. Identifying the entire Town of Vail as being within a wildfire hazard zone, and at risk from the spread of wildfires. 2. Requiring all new structures and major additions (500 square feet or greater) within the Town to be constructed in a manner to resist ignition from wildfire flames and embers through ignition resistant construction design. 3. Requiring all new landscaping within the Town to use fire resistant design and defensible space. V. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. The Design Review Board may be consulted on text amendments relating to design, and may make a recommendation to the Town Council. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also prov des the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. Town of Vail Page 3 VI. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan, and are relevant to the review of this proposal: Vail 2020 Strategic Action Plan Environmental Sustainability Goal #3: Ecosystem: Improve the health and diversity of the forest and mountain ecosystem while recognizing the interdependence of the wildland urban interface (WUI) corridor within Vail. Actions/Strategies • Research potential code amendments to further protect homes from wildland fires. 2018 Open Lands Plan Update Chapter 3 - Wildfire and Safety Considerations The Vail Fire & Emergency Services is involved in ongoing efforts to manage vegetation to minimize the potential threat of wildfire in and around Vail. Wildfires do not recognize Town or property boundaries and the Department's mitigation efforts are not limited to Town owned lands. That said, any decisions regarding management of the Town's open lands should be coordinated with the Department's wildfire mitigation efforts. Any new recreation trails, whether located on Town land or on USFS lands, should also involve coordination with Vail Fire and Emergency Services. Considerations to be addressed include emergency provider access to trails and mitigation of hazards that may be presented by standing -dead lodgepole located proximate to any new trails. Vail Town Code Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose.- A. urpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. Town of Vail Page 4 B. Specific: These regulations are intended to achieve the following more specific purposes.- 1. urposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. (Ord. 8(19 73) § 1.100) 12-3-7: AMENDMENT: 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 Town of Vail Page 5 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. C. Criteria And Findings.- 2. indings: 2. Prescribed Regulations Amendment.- a. mendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment.- (1) mendment: (1) The extent to which the text amendment furthers the general and specific purposes of the zoning regulations, and (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 (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 (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives, and (5) Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. b. Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment.- (1) mendment: (1) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town, and (2) That the amendment furthers the general and specific purposes of the zoning regulations, and (3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the Town of Vail Page 6 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. 2018 Residential Building Code Combustible Material: Any material not defined as noncombustible. Noncombustible Material: Materials that pass the test procedure for defining noncombustibility of elementary materials set forth in ASTM E136. VII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed text amendments further the general and specific purposes of the zoning regulations by helping to secure the community from fire danger and by reducing the risks of wildfires. The proposed changes will require building materials and landscaping designs that help reduce the spread of fire through use of ignition resistant materials, separation of structures from landscaping, and creation of defensible space. These regulations are designed to require compliance for new construction, but also to provide exemptions for small additions of less than 500 square feet of gross floor area, and repairs of less than 25% of a deck surface area or deck structure. Staff finds that this criterion has been 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 Staff finds that the proposed prescribed regulations amendments will better implement or achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. The Vail 2020 Strategic Action Plan and the 2018 Open Lands Plan Update support efforts to reduce the risks of wildfires. Additionally, the Town is currently working on a Community Wildfire Protection Plan to help the Town of Vail incorporate Fire Adapted Community recommendations into community design and maintenance, and to help the community take the next step in wildfire preparedness. Staff finds that this criterion has been met. Town of Vail Page 7 3. 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 Conditions have changed since the adoption of the current regulations. Climate change has caused Colorado's average temperature to rise by two degrees Fahrenheit in the past 30 years'. Projections indicate that the state's average temperature could be five degrees higher by 2050". Rising temperatures result in drier forest conditions and increased wildfire probability. As a result, additional measures are needed in the Town of Vail to plan for, and attempt to reduce, the risk of wildfires. Staff finds that this criterion has been 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 Staff finds that this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. The proposed text amendments would apply to new construction, and to additions of 500 square feet or more of gross floor area. A definition of gross floor area is proposed with these amendments. Over time, these regulations will make the community safer from the risks of wildfires, and will help to reduce the spread of fires. Staff finds that this criterion has been met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VIII. ENVIRONMENTAL IMPACTS The Community Development has not identified any significant negative environmental impacts with the proposed text amendment. While the proposed changes may result in less overall landscaping close to structures, and may require separation of trees to prevent fire jumping, these code amendments may have a positive effect on the environment by reducing the risk of wildfire. IX. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Town of Vail Page 8 Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendments, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a Prescribed Regulations Amendments pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, concerning regulations on building design and landscaping to reduce the risk of wildfire, and setting forth details in regard thereto. (PEC 18-0035) " 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 Vll of the staff memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code, -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. " X. ATTACHMENTS A. Applicant's Narrative/Memo B. Proposed Text Amendments, Title 12, Chapter 11 C. Proposed Text Amendments, Title 12, Chapter 21 D. Proposed Text Amendment, Title 14, Chapter 2 E. Proposed Text Amendments, Title 14, Chapter 10 F. Proposed Amendments to the International Building Code G. Definitions — 2018 International Residential Code Town of Vail Page 9 H. Fire Resistant Landscaping Guidelines I. Plant Recommendations Brochure Lukas, Jeff, et. al. (August 2014). "Climate Change in Colorado." Pg. 2. Available at: http://cwcbweblink.state.co.usNVebLink/ElectronicFile.aspx?docid=191995&searchid=e3c463e8-569c- 4359-8ddd-ed50e755d3b7&dbid=0 Coupled Modeling Intercomparison Project Phase 5 (CMIP5) Projections. Available at: http://cmip- pcmdi.11nl.gov/cmip5/ Town of Vail Page 10 ATTACHMENT A TOWN 0 FVA! L Memorandum To: Planning and Environmental Commission From: Paul Cada, Wildland Program Administrator Date: September 3, 2019 Subject: Proposed Amendments to the Building and Design Standards to incorporate ignition resistant materials and methods Background At the time of the establishment of Vail as a community in the early 1960's, wildfire was not a particularly destructive force in the Colorado Rockies. Wildfires were relatively rare and seldom caused property damage or the loss of homes. Since that time the fire environment has changed drastically. This change is due to many factors including increased fuel loads, deteriorating forest health and increased development and human activity in the wildlands which have brought fire and communities much closer. Over the last 20 years wildfires have continued to grow larger, harder to control and more impactful on communities. All 20 of the 20 largest wildfires in Colorado history have burned since the start of the new millennia with 7 of the 10 largest in the last 10 years. Not only are fires getting bigger but they are also having bigger impacts on communities. Colorado ranks second in the nation in terms of exposure to wildfire damage. Thousands of homes in Colorado have been lost to wildfire since 2000 and many communities are now dealing with the post fire flooding and water quality issues that may last for years. Over the past 16 years, the Town of Vail and Eagle County have acknowledged the potential threat that wildfire presents to the safety, health and vitality of the community. In addition, there is a growing recognition that catastrophic wildfire is a significant threat to the environment and specifically to Gore Creek. Mitigating the impacts of wildfire is also a key environmental sustainability strategy, as the impacts of wildfires upon communities across the west have dramatically increased over the last two decades. Concurrent with the growth of the fire problem in the Wildland Urban Interface has been the evolution of the body of knowledge regarding wildland fires and structural ignitability. The proposed code amendments are informed by this science, which has created an understanding of the role of embers in igniting buildings. Due to the ability of embers to travel up to a mile ahead of a fire, we now know that all buildings in the Town of Vail are at risk of being impacted by a wildland fire. To address the threat of wildland fire, Eagle County adopted wildfire specific building regulations in 2003. These building regulations have been directly attributed to structural survivability during the 2018 Lake Christine Fire. In 2016 the Town of Vail amended several sections of its code and adopted new design guidelines as an initial step to address the wildland fire threat within the Town of Vail; the primary impact of this was the implementation of an advisory landscape plan review to determine compliance with ignition resistant guidelines. In the summer of 2018 staff identified the need to address structural ignitability and landscape design in all new construction. II. Current Situation It has become well accepted by the community that Vail is located within an ecosystem that is prone to and even depends on wildfire to maintain healthy ecological function. It is not a matter of if, but when, a large wildfire will occur in or near the community. Like the natural environment we all enjoy, the town must adapt to living with wildfire. In 2015 Town Council was presented with the concept of creating a "Fire Adapted Community" within Vail. The strategic plan of "Fire Adapted Vail" includes the three pillars of the national cohesive strategy: Resilient Landscapes Fire Adapted Communities Rapid and Effective Response. These have been developed into several highly effective and well received programs within the town including: large scale fuels reduction projects, community slash removal, town wide home hazard evaluations, evacuation preparedness and significant improvements in wildfire emergency response. This multi -pronged approach when paired with improved building practices will set the community on a trajectory for greater resiliency to a wildfire event. Vail Fire and Emergency Services have been working with staff from Community Development over the past 12 months to develop proposed amendments to the Town Code to incorporate wildfire mitigation best practices. This has included 7 meetings with Board of Appeals, 3 meetings with Design Review Board and collaboration with staff from the building, environmental and planning departments. On August 26th 2019, Vail Fire and Community Development presented the Planning and Environmental Commission (PEC) with the most recent versions of the proposed code amendments. After a brief discussion several members of PEC had questions or concerns regarding the potential impacts of the proposed code amendments on the building materials and landscaping changes. PEC requested additional information in regards to both subjects. Some specific questions that were posed for further clarification: What types of projects would these changes affect? a. These code amendments would apply to new construction and additions of 500 square feet or more of gross floor area. Town of Vail Page 2 2. What building materials would be allowed under the new code revision? a. The proposed code amendments would require the use of ignition resistant and non- combustible materials cover the majority of the building. The technical definitions of ignition resistant and non-combustible materials are housed in the proposed amendments to the International Residential Code and International Building Code (Title 10 Attachment). These amendments were carefully crafted with significant input from the Building and Fire Codes Appeals Board and the building department to ensure that current building practices could continue. Significant effort was expended to ensure that all possible options were allowed. The inclusion of Chapter 7A of the California Building Code allows for substantially more allowable building materials as well as an extensive testing and listing database maintained by the state of California. Examples of materials meeting these codes can be found at- http://osfm.fire.ca.gov/licensinglistings/licenselisting bml searchcotest 3. How would landscaping change under the proposed amendments? a. Under the proposed amendments new construction or significant additions would have to design and install landscaping that would resist the spread of wildfire within 100 feet from the building, or the lot lines, whichever is less. To aid applicants with design ideas Vail Fire developed the Fire Resistant Landscape Guide and the newly drafted plant selection guide (both attached). During the design phase the landscape plan will be evaluated by a wildfire expert from Vail Fire for compliance with the code. If revisions are required they can be made prior to DRB approval. This approach allows maximum flexibility for the applicant to design landscaping that fits the site and specific needs of the development without creating cookie cutter designs. The results of this collaboration are code changes that are consistent with existing building practices and aesthetic standards, as well as an approach to landscaping that will maintain the character of Vail while decreasing the need for water and pesticides, resulting in a more sustainable community. This collaboration has also informed a revision of the Vail Fire Resistant Landscaping Guide that provides guidance on creating landscapes that are aesthetically pleasing, consistent with best practices to protect Gore Creek and reduce the risk of a wildfire igniting homes within our community. The 2018 version of the ICC International Wildland Urban Interface code was used as a model and modifications were made to incorporate lessons learned from other jurisdictions that have adopted similar codes. The intention of the code amendments is to reduce the potential impacts of wildfire upon our community while maintaining the character of the community. In the development of the proposed code amendments, Vail Fire finds: 1. Adopting these code amendments will substantially reduce the potential for catastrophic loss of property due to wildfire, providing for an overall safer community. Town of Vail Page 3 2. These code amendments are consistent with current building and landscaping practices within the Town and surrounding unincorporated Eagle County. a. Code amendments as proposed will codify current design and building practices prescribed in the current design guidelines. 3. Adoption of these code amendments will not cause substantial added time or expense to the development of a property. a. The proposed code amendments will only apply to new construction and additions of 500 square feet gross floor area or greater. b. A substantial number of products, including many currently in use within the Town, are available to meet the various requirements of the code. c. Local builders are required to meet many of the same requirements when completing projects in unincorporated Eagle County to comply with the Eagle County Wildfire Mitigation Codes. 4. The code has been amended to address the unique building and environmental challenges of the area. 5. The proposed changes support the Town of Vail Council Action Plan Priority to "Institute measures to best mitigate wildfire danger". 6. Results of the 2016 and 2018 community survey show that more than 85% of respondents support design standards that facilitate the creation of defensible space and increasing community safety. a. Support increased from 80% to 85% from 2016 to 2018 The code amendments provide substantial choices in building material and design to meet the current Town design guidelines. The use of ignition resistant building materials is currently strongly encouraged in the design guidelines and most projects currently underway within the Town are complying with the proposed code amendments. The most substantial change from the Town's current practices and the proposed adoption of the code would be the need to inspect landscape installations to ensure that they are installed as designed. III. Staff Recommendation Review the amendments to Title 12 and Title 14 and provide a recommendation for adoption to Town Council. Town of Vail Page 4 ATTACHMENT B Chapter 11 DESIGN REVIEW o 12-11-1: PURPOSE: 12-11-2: DEFINITIONS AND RULES OF CONSTRUCTION: 12-11-3: DESIGN APPROVAL: 12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE: 12-11-5: DESIGN GUIDELINES: 12-11-6: PARK DESIGN GUIDELINES: 12-11-7: DESIGN REVIEW FEE: 12-11-8: PERFORMANCE BOND: 12-11-9: ADMINISTRATIVE POLICIES (REP. BY ORD. 2(2003) 41): 12-11-10: APPEAL TO TOWN COUNCIL (REP. BY ORD. 2(2003) 41): 12-11-11: ENFORCEMENT; INSPECTION: 12-11-12: LAPSE OF DESIGN REVIEW APPROVAL: 12-11-1: PURPOSEEtE7 A. Attractive Attributes Recognized: Vail is a town with a unique natural setting, internationally known for its natural beauty, alpine environment, and the compatibility of manmade structures with the environment. These characteristics have caused a significant number of visitors to come to Vail with many visitors eventually becoming permanent residents participating in community life. B. Area Character Protection: These factors constitute an important economic base for the town, both for those who earn their living here and for those who view the town as a precious physical possession. The town council finds that new development and redevelopment can have a substantial impact on the character of an area in which it is located. Some harmful effects of one land use upon another can be prevented through zoning, subdivision controls, and building codes. Other aspects of development are more subtle and less amenable to exact rules put into operation without regard to specific development proposals. Among these are the general form of the land before and after development, the spatial relationships of structures and open spaces to land uses within the vicinity and the town, and the appearance of buildings and open spaces as they contribute to the area as it is being developed and redeveloped. In order to provide for the timely exercise of judgment in the public interest in the evaluation of the design of new development and redevelopment, the town council has created a design review board (DRB) and design criteria. C. Design Review: Therefore, in order to preserve the natural beauty of the town and its setting, to protect the welfare of the community, to maintain the values created in the community, to protect and enhance land and property, for the promotion of health, safety, and general welfare in the community, and to attain the objectives set out in this section; the improvement or alteration of open space, exterior design of all new development, and all modifications to existing development shall be subject to design review as specified in this chapter. D. Guidelines: It is the intent of these guidelines to leave as much design freedom as possible to the individual designer while at the same time maintaining the remarkable natural beauty of the area by creating structures which are designed to complement both their individual sites and surroundings. The objectives of design review shall be as follows: 1. Recognize the interdependence of the public welfare and aesthetics, and to provide a method by which this interdependence may continue to benefit its citizens and visitors. 2. Allow for the development of public and private property which is in harmony with the desired character of the town as defined by the guidelines herein provided. 3. Prevent the unnecessary destruction or blighting of the natural landscape. 4. Ensure that the architectural design, location, configuration materials, colors, and overall treatment of built up and open spaces have been designed so that they relate harmoniously to the natural landforms and native vegetation, the town's overall appearance, with surrounding development and with officially approved plans or guidelines, if any, for the areas in which the structures are proposed to be located. 5. Protect neighboring property owners and users by making sure that reasonable provision has been made for such matters as pedestrian and vehicular traffic, surface water drainage, sound and sight buffers, the preservation of light and air, and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. (Ord. 29(2005) § 30: Ord. 39(1983) § 1) 6. Balance the design and aesthetic desires of the community and the economy of Vail as an international resort destination with the need to protect the community from the risk of wildland fire. 12-11-2: DEFINITIONS AND RULES OF CONSTRUCTION:= A. Basis For Meanings: Any words, terms, or phrases used in this design review guide shall be defined and interpreted in accordance with the definitions contained in section 12-2-2 of this title, unless the context clearly indicates a different meaning was intended. If the context is unclear, the matter will be referred to the design review board for final determination. B. Mandatory, Discretionary Distinction: The distinction made between those items contained within this chapter that are mandatory and those that are discretionary is that statements which are mandatory are prefaced by the word "shall", and the statements or guidelines which are discretionary (or merely suggestions) are prefaced by the words "should" or "may". In all instances, any particular or specific controls over the general. (Ord. 39(1983) § 1) 12-11-3: DESIGN APPROVAL: Z= 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 and landscape maintenance shall be exempt from this provision, but sUaU-should still comply with the Vail Fire and Emergency Services Fire -Resistant Landscaping guidelines. B. Violation: It shall be a violation of this chapter and the building permit for any person to commence, continue or complete work that has not received design approval as prescribed in this chapter and/or is not in conformity with the plans approved and authorized by the administrator and/or the design review board and the building official. C. Nonconforming Sites And Structures; Effect Of Design Guidelines: Buildings and sites which are not in conformance with the design guidelines, due to annexations or changes in code provisions (i.e., legal nonconformities), shall be required to conform with the design guidelines when allowable gross residential floor area (GRFA) (the GRFA that is permitted by the density control section of various zone districts), gross floor area, commercial floor area, or garage area credit is added to any existing structure or site. Nothing in this code shall be deemed to retroactively require conformance with design guidelines for existing buildings or sites unless specifically required by this code. 2. From the effective date of July 21, 1998, there shall be permitted a one-time exclusion from this provision for an expansion to single-family, two-family, and primary/secondary residential dwelling units. This one-time exclusion shall be allowed for a single expansion of five hundred (500) square feet or less of allowable GRFA or garage area credit per dwelling unit. In which case, structures may be expanded without requiring upgrades to entire structures and sites to conform to the design guidelines. The addition itself, however, shall conform to the design guidelines. An expansion which is greater than five hundred (500) square feet, or any subsequent expansion to a structure, regardless of size, shall require full compliance of the dwelling unit with the design guidelines. 3. General maintenance and upkeep of a property shall continue to be required regardless of the amount of floor area added to a structure. The one-time exclusion noted above shall not preclude the design review board, pursuant to the design guidelines, from requiring landscaping and other improvements necessary to buffer or mitigate development impacts associated with the expansion/remodel. 4. Expansions made pursuant to section 12-15-5 of this title shall require full compliance of the entire dwelling unit with the design guidelines. Interior conversion additions pursuant to section 12-15-4 of this title shall not trigger the requirement for upgrading sites and structures to fully comply with the design guidelines, unless it can be classified as a "demo/rebuild", pursuant to section 12-2-2 of this title. (Ord. 29(2005) § 30: Ord. 10(l 998) § 1: Ord. 39(1983) § 1) 5. Additions or alterations of less than 500 square feet of gross floor area shall be exempt from conformance with Section 14-10-5 B and 14-10-8 B of this code but shall require design review. For additions of 500 square feet or greater of gross floor area, the addition and impacted landscaping shall comply with Section 14-10-5 B and 14-10-8 B of this code. 12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE:= A. Preapplication Conference: Prior to the formal filing of an application for design approval, the applicant should confer with the department of community development to obtain information and guidance. The purpose of such a conference is to permit the applicant and the staff to review informally the proposal before substantial commitments of time and money are made. The department of community development shall indicate on the application form appropriate staff with which the applicant shall confer. Topics of discussion shall include, but not be limited to: 1. Characteristics of the site and surrounding areas, including its location, significant natural and manmade features with particular attention to natural hazard areas, the size and accessibility of the site, surrounding development and land use, and existing zoning. 2. The nature of the development proposed, including land use types and their densities; the placement and design of proposed buildings and other improvements of the site, the location, type, and treatment of open space areas, the preservation of natural features, proposed parking areas and internal circulation system, the total ground coverage of paved areas, and structures. 3. Community policy considerations including the review process and likely conformity of the proposed development with the policies and regulations of the town. 4. Applicable regulations, review procedures, and submission requirements. 5. For certain low impact applications, such as, but not limited to, minor remodels, the staff shall assist the applicant in determining applicable regulations and shall specify submission requirements which may be waived. B. Conceptual Design Review: Submittal Requirements: The owner or authorized agent of any project requiring design approval as prescribed by this chapter may submit plans for conceptual review by the design review board to the department of community development. The purpose of a conceptual review shall be to give the applicant a basic understanding with respect to the design concept and the compatibility of a proposal with the design guidelines contained within this chapter. This procedure is recommended mainly for those applications of a higher impact than single-family and two-family residences although projects of that nature shall not be excluded the opportunity to request a conceptual design review. The following information shall be submitted for a conceptual review ten (10) days prior to a scheduled design review board meeting: a. A conceptual site and landscape plan at a minimum scale of one inch equals twenty feet (1" = 20'). b. Conceptual elevations and exterior materials, and a description of the character of the proposed structure or structures. c. Sufficient information to show that the proposal complies with the development standards of the zone district in which the project is to be located (i.e., square footage total, site coverage calculations, number of parking spaces, etc.). d. Application form. If the property is owned in common (condominium association) and/or located within a development lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. e. Planning and environmental commission and/or town council approval if required. 2. Staff; Board Procedure: Upon receipt of an application for conceptual design review the department of community development shall review the submitted materials for general compliance with the appropriate requirements of the zoning regulations. If the proposal is in basic compliance with the zoning regulations the project shall be forwarded to the design review board for conceptual review. If the application is not generally in compliance with the zoning regulations the application and submittal materials shall be returned to the applicant with a written explanation of the department of community development's findings. b. The design review board shall review the application and supporting material that has been submitted for a conceptual review in order to determine whether or not the project generally complies with the design guidelines, and forward comments concerning the design to the applicant. No vote of the design review board will be required unless requested by the applicant. The property owner or his/her representative shall be present at the design review board hearing. C. Preliminary And Final Design Review: 1. Material Submitted To Administrator: The owner or authorized agent of any project requiring design approval as prescribed by this chapter shall submit for final design approval all of the following material to the administrator, unless the administrator determines within five (5) days of a written request for such determination that some of the following material may be excluded: Survey: A topographic survey representative of existing conditions stamped by a surveyor licensed within the state at a scale of one inch equals twenty feet (1" = 20') or larger of the site with contour intervals of not more than two feet (2'). Existing trees or groups of trees having trunks with diameters of four inches (4") or more at one foot (1') above natural grade, rock outcroppings and other significant natural features such as avalanche areas, 100 -year floodplain, and slopes of forty percent (40%) or more shall be shown, if applicable. The survey shall include ties to an existing bench mark (either a USGS landmark or sewer invert), property lines showing distances and basis of bearing, and all easements. b. Title Report: A preliminary title report. Drainage Plan: A drainage plan shall be prepared. For all developments this study shall include a contour map showing all existing and proposed watercourses, including the seasonal course limits of points of departure from the development. An indication of the limits of the 100 -year floodplain shall be plotted on the contour map as well as any revised floodplains. The drainage plan shall also indicate the location and types of structures that will be necessary to handle the quantities of water evidenced on the site. Site Plan: A site plan, drawn at a scale of one inch equals twenty feet (1" = 20') or larger, showing existing and finished grades, the existing and proposed layout of buildings and other structures including decks, patios, canopies, fences, and walls. The site plan shall show the locations of landscaped areas, service areas, storage areas, pedestrian walks, driveways with percent slope and spot elevations, off street parking and loading areas, all retaining walls with spot elevations, and the proposed elevations of the top of roof ridges. The site plan shall indicate the locations of ingress and egress and the directions of traffic flow into and out of as well as within parking and loading areas, the location of each parking space and loading berth, and areas for turning and maneuvering vehicles. The site plan shall show exact locations of all utilities including existing sources and proposed service lines from sources to the structures. The site plan shall designate proposed limits of construction activity. e. Utility Verification Form: A utility verification form signed by each utility verifying location of service and availability. Landscape Plan: A landscape plan drawn at a scale of one inch equals twenty feet (1" = 20') or larger. The landscape plan shall show locations of existing trees or groups of trees having trunks with diameters of four inches (4") or more at one foot (1') above natural grade that are proposed to be removed. Shrubs and other native plants proposed to be removed shall be indicated. The landscape plan shall show trees and other native plants proposed to be retained and methods to be utilized for the purpose of protecting existing vegetation, the location and design of proposed landscaped areas, irrigation systems, the varieties and sizes of plant materials to be planted therein, and the location and design of swimming pool areas, patios, play areas, recreation facilities, and other usable open space. The landscape plan shall show the mature canopy of trees and shrubs after fifteen (15) years of growth. The landscape plan shall be accompanied by a landscape materials list specifying size and quantity of plant materials and a report of the condition of the existing vegetation upon the site. The landscape plan shall include sufficient detail to provide a reliable basis for estimating the amount of a performance bond guaranteeing installation and maintenance of the improvement if required by the town. Architectural Plans: Preliminary architectural plans drawn at a scale of one-eighth inch equals one foot (1/8" = 1') or larger, including floor plans labeled and drawn in sufficient detail to permit determination of whether all requirements of this title based on floor area will be met. Architectural plans shall include all elevations of proposed structures as they will appear on completion. All elevations shall indicate both existing and finished grades. One or more perspective sketches, a scale model, photographic overlays, or other similar techniques shall be submitted, as necessary, to illustrate the overall appearance of the building and site development features in relation to adjacent properties in the neighborhood. All exterior surfacing materials and colors shall be specified, and samples of each, with proposed finish shall be submitted. Sign Regulations Compliance: Scale drawings, plans renderings, photographs or other information required by the sign ordinance codified in title 11 of this code, showing in detail design, materials, and colors and specifying the method of illumination. Locations of proposed signs shall be indicated by a numbering system or other clearly comprehensible system of reference to the site plan prescribed in subsection C1 d of this section. Upon request of the administrator, samples of sign materials shall be submitted. i. Erosion And Revegetation Plan: Erosion control and revegetation landscaping plans. (1) Plan Required: In all developments involving two (2) or more acres, an erosion control plan will be required. For developments involving less than two (2) acres, an erosion control plan may be required by the department of community development, based upon conditions of slope and soil stability. (2) Control Measures: The erosion control plan shall contain control measures sufficient to prevent the loss by erosion of no more than three (3) tons of soil per acre per year. These standards may be met through the use of physical measures as detention ponds, grassed waterways and filtration galleries, or by nonstructural means. (3) Review Of Plan: The department of community development shall review and approve all erosion control plans and shall maintain a list of erosion control practices, both structural and nonstructural. (4) Revegetation: Revegetation shall be an integral part of the erosion control plan. Topsoil shall be saved during construction and used for revegetation of disturbed areas. (5) Revegetation Landscaping: Such plan shall be required of any applicant proposing to remove or disturb existing vegetation. Potential damage to existing landscaping/vegetation shall be adequate reason for requiring a revegetation plan. At a minimum, plans submitted under this subsection shall include revegetation of land disturbed by development and construction activity. The department of community development shall establish and maintain a list of revegetation best management practices. (6) Additional Requirements: In addition to the above requirements, the department of community development may require any or all of the following: (A) Timing of disturbance. (B) Disturbed area controls. (C) Stabilization during disturbance. (D) Monitoring during disturbance. (E) Postdisturbance monitoring. (F) Water quality impact report. (G) Drainage study. j. Stormwater Quality Permits: Refer to title 14, chapter 6, "Grading Standards", of this code. k. Phasing Plan: If a project is to be built in phases the applicant shall submit a site plan of the proposed project indicating the location and timing of each phase of the project, areas to be utilized as construction staging areas for each phase, and the limits of construction activity for each phase. I. Form And Fee: Application form and appropriate fee. If the property is owned in common (condominium association) and/or located within a development lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. m. Lighting Plan: An outdoor lighting plan shall be submitted separately from the site plan or landscape plan, and shall show the location, the height above grade, the type of illumination (such as incandescent, halogen, high pressure sodium, etc.), the source lumens, and the luminous area for each light source which is proposed. The applicant shall provide documentation that the lights meet the standards set forth in section 12-11-5 of this chapter. In addition to locating this information graphically on a plan, the applicant shall provide the information on the application form provided by the department of community development. 2. Staff Or Design Review Board Procedure: The department of community development shall check all material submitted for design review for compliance with the applicable provisions of the zoning regulations, subdivision regulations, and with this subsection C (the submittal requirements of this section as outlined above). If the application is found to be in compliance with the applicable provisions of the zoning regulations, subdivision regulations, and this subsection C, the project shall either be placed upon the agenda of the next appropriately scheduled design review board meeting in accordance with the required application submittal deadlines on file in the department of community development, or be reviewed by the administrator in accordance with subsection C3, "Staff Approval", of this section. If the application is found not to be in compliance with the applicable provisions of the zoning regulations and this subsection C, the application and materials shall be returned to the applicant with an explanation of the administrator's findings. The administrator may require any additional items from the applicant as may be necessary for complete and proper design review. The administrator or the design review board shall review the application and supporting material, and if the design of the project is found to comply with the objectives and design guidelines of this chapter, the administrator or the design review board shall approve the design of the project, documenting such approval in writing and noting any conditions of approval. If additional items are needed, as specified herein, to determine whether the project will comply with the purpose statement and design guidelines of this chapter, the design review board may give preliminary approval or table the project until the next regularly scheduled meeting. If the project is tabled or if preliminary approval is given, the board shall specify the conditions and additional and/or modified materials which must be submitted by the applicant to the design review board or to the administrator, including any changes in the design of the project. The applicant may also table the application to a future meeting for any reason. b. If the project is found to conflict with the design guidelines, the administrator or the design review board shall disapprove the design of the project. Any disapproval shall be in writing and shall specifically describe the design guidelines with which the design of the project does not comply and the manner of noncompliance. c. Following the final review of an application by the design review board at a public meeting, the design review board shall have thirty (30) days to consider and approve or deny an application. The time for action may be extended at the request of the applicant. d. If changes in the design of the project are requested, the design review board shall approve, disapprove or request further changes within thirty (30) days of the meeting at which the design review board receives the changes unless an extension is agreed to by the applicant. e. The applicant or his/her authorized representative shall be present at the design review board meeting. 3. Staff Approval: The administrator may approve any of the following applications: a. Any application to modify an existing building that does not significantly change the existing planes of the building and is generally consistent with the architectural design, including, but not limited to, exterior building finish materials (e.g., stonework, siding, roof materials, paint or stain), exterior lighting, canopies or awnings, fences, antennas, satellite dishes, windows, skylights, minor commercial facade improvements, and other similar modifications; b. Any application for an addition to an existing building that is consistent with the architectural design, materials and colors of the building, and approval has been received by an authorized member of a condominium association, if applicable; c. Any application to remove or modify the existing vegetation or landscaping upon a site; and d. Any application for site improvements or modifications including, but not limited to, driveway modifications, site grading, site walls, installation of accessory structures or recreational facilities. In the above specified cases, the administrator may review and approve the application, approve the application with certain modifications, deny the application, or refer the application to the design review board for decision. All other applications shall be referred to the design review board. (Ord. 27(2016) § 2: Ord. 29(2005) § 30: Ord. 3(2005) § 1: Ord. 24(2000) § 2: Ord. 9(1996) § 6: Ord. 9(1993) § 6: Ord. 12(1988) § 1: Ord. 39(1983) § 1) 12-11-5: DESIGN GUIDELINES:Z 0 The design guidelines for all development are contained in title 14 of this code. (Ord. 29(2005) § 30: Ord. 22(1999) § 5) 12-11-6: PARK DESIGN GUIDELINES: 0 A. Purpose: These guidelines shall be used by the design review board in reviewing any proposals for the development of town park land. The guidelines shall be used in conjunction with the general design review guidelines found in title 14 of this code. It is the intent of these guidelines to leave as much design freedom as possible to the individual designer while at the same time encouraging park development that will complement the natural beauty of our park land. The purpose of the guidelines is to provide continuity in the character of the parks which will be developed over many years. The guidelines will provide consistent design criteria to maintain the quality of town parks through all phases of development. B. Building Materials And Design: 1. General: a. Natural materials are strongly encouraged in park construction. Materials and detailing must complement the park's environment as well as be functional and attractive. b. Materials and designs should be chosen that are economical to maintain. 2. Stone: Natural rock should be used for architectural features such as exposed building walls and small retaining walls. Sandy gray and brown colors are encouraged, as they blend in with the natural environment. Construction should minimize exposed mortar, and detailing should reflect concern for local climatic conditions. 3. Pedestrian Walks; Plazas: Impervious surfacing may be used to emphasize important features or pedestrian areas. Natural materials and colors are encouraged, as they blend in well with wood, stone and plant materials. Asphalt is discouraged except when necessary for bike paths and parking areas. 4. Children's Play Areas: Children's play areas are to be designed with challenge and safety in mind. Multilevel play structures, tunnels, and other climbing apparatus are to be designed to excite and to encourage free expression. Native landscaping materials shall be incorporated into the play areas to soften and blend into the environment. Plant materials shall be provided for the enclosure of the play areas and for summer shading. Play areas shall be oriented to take advantage of warm winter exposure and to utilize natural buffers from the wind. 5. Visual Impact: a. Structures, shelters, or other site buildings shall be designed in a low profile or be set into slope areas to reduce their vertical dominance upon the site. b. Major architectural structures shall be designed and accented to attract visitors without becoming a distracting visual element to other visitors of the park or to adjacent developments. C. Landscaping; Site Planning: 1. General: Plantings should be used to soften the edge between developed and natural park areas and to heavily screen conflicting adjacent uses. Such plantings unify developed and natural areas as well as provide a protective buffer where the adjacent land uses conflict with recreational activities. As an example, gently sloping lawns are desirable for picnic areas and open field play. Irrigated and manicured lawn areas can transition into natural areas through the use of native grasses and shrubs. Fences shall be discouraged between active and passive areas. b. Noise generating and active play areas should be integrated together and placed away from passive or natural areas. Needed service facilities, such as restrooms, drinking fountains, etc., should be located in or adjacent to activities with a high user demand. 2. Views: Plantings and site work should be used to direct views by framing interesting and attractive features such as distant mountain ranges, ponds, or Gore Creek. Visual screens of plant materials may be used to close off undesired views such as the interstate, frontage roads, or neighboring development. 3. Accent Plantings And Materials: In areas of special interest or activity, and in pedestrian areas, plantings should be used to provide color, texture, form and scent to highlight and emphasize the special character of these places. Horizontal ground plane textures such as native shrubs, ground covers, colored pavers, and smooth boulders may also be used to complement the environment. 4. Lighting: If site lighting is deemed appropriate, the lighting should provide for clear visibility while at the same time eliminating any glare within the park or on adjacent properties. Lighting fixtures shall be as subtle as possible so that they blend in with the natural park setting. A lighting plan designating location and appropriate styles of lighting shall be designed for each park that requires site lighting. 5. Signage: Any signs within the park shall conform to a unified park signage program. Private signs are prohibited from the park. D. Access And Parking: 1. Pedestrian Walks And Bike Paths: a. Pedestrian walks and bike paths shall be provided in the areas of developed facilities and circulation routes. Walks and bike paths shall be accessible to the physically handicapped and should be constructed of a hard material. b. Pathways through natural areas shall be placed where little grade change is required. Surface materials which provide a hard surface and have a natural appearance should be encouraged. 2. Parking: a. Parking areas shall be sensitively planned to provide needed parking without impacting the natural or recreational use areas. Parking shall be visually screened to as great a degree as feasible. b. Landscaping should be provided along public perimeter roads and between parking areas to provide screening of noise and visual pollution. E. Site Preservation And Maintenance: 1. Site Preservation: Open meadows of native grasses and flowers, and permanent stands of evergreens should be maintained in undeveloped areas of the parks. 2. Site Revegetation: Natural areas that are disturbed during construction shall be vegetated to encourage plant associations that develop naturally on the site. Revegetation should match preexisting conditions as closely as possible. 3. Erosion Control: a. Temporary erosion control measures during construction, and permanent control measures after construction shall be established to prevent sediment pollution of the creek and to stabilize disturbed areas. Straw bales shall be used for temporary control measures and jute netting should be used to permanently stabilize slopes. Any park projects shall be required to include a site preservation program during construction phases. b. Limits of site disturbance shall be clearly and physically defined as well as enforced in order to minimize disturbance to other areas in the park. (Ord. 29(2005) § 30: Ord. 4(1986) § 1) 12-11-7: DESIGN REVIEW FEE: 0 The town council shall set a design review fee schedule sufficient to cover the cost of town staff time, consultant fees, and incidental expense. (Ord. 29(2005) § 30: Ord. 39(1983) § 1) 12-11-8: PERFORMANCE BOND:= The building official shall not issue a final certificate of occupancy for structures which have obtained design review approval until upon inspection it is determined that the project is constructed in accordance with the approved design review application and plans, and all improvements, amenities and landscaping have been installed. The building official may issue a temporary certificate of occupancy not to exceed two hundred ten (210) days upon the applicant posting with the department of community development a performance bond or other security acceptable to the town council in the sum of one hundred twenty five percent (125%) of the bona fide estimate of the cost of installing landscaping and paving and other accessory improvements provided for in the approved design review application and plans. If said landscaping, paving, and other accessory improvements are not installed by the applicant within the period allowed, the temporary certificate of occupancy may be revoked until the same are installed by the applicant or by the town pursuant to the terms of the performance bond or other accepted security that has been approved by the town. (Ord. 29(2005) § 30: Ord. 5(2003) § 15: 1997 Code: Ord. 39(1983) § 1) 12-11-9: ADMINISTRATIVE POLICIES:= (Rep. by Ord. 2(2003) § 1) 12-11-10: APPEAL TO TOWN COUNCIL: 0 (Rep. by Ord. 2(2003) § 1) 12-11-11: ENFORCEMENT; INSPECTION:= Before occupying or using any structure included in a design review application, the applicant must obtain an occupancy certificate after inspection by the department of community development. The department of community development shall inspect the site to ensure that the work has been completed in accordance with the application and plans approved by the design review board. It shall be the duty of the property owner or his/her authorized agent to notify the department of community development that such work is ready for inspection in order to ascertain compliance with approved plans. If the project is found upon inspection to be fully completed and in compliance with the approved design review application and plans, the department of community development shall issue a final certificate of occupancy. If the project is found to be completed in such a manner that a temporary certificate of occupancy may be issued as specified by the adopted building code, the applicant shall post a bond as set forth in section 12-11-8 of this chapter. Upon forfeiture of said bond or surety, the town shall proceed to install the improvements for which bond or surety was posted. In the event that the cost of installing the improvements exceeds the amount of the bond, the owner of said property shall be individually liable to the town for the additional costs thereof. Furthermore, the amount that the cost of installing said improvements exceeds the amount of the performance bond shall automatically become a lien upon any and all property included within the design review application. (Ord. 29(2005) § 30: Ord. 31(2001) § 10: Ord. 39(1983) § 1) 12-11-12: LAPSE OF DESIGN REVIEW APPROVAUZ 0 Approval of the design of a project as prescribed by this chapter shall lapse and shall become void one year following the date of final approval of the project unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion. However, if there have been no zoning revisions or revisions or amendments to these guidelines which would alter the conditions under which the approval was given, the community development staff may extend the period of approval. (Ord. 39(1983) § 1) ATTACHMENT C Chapter 21 HAZARD REGULATIONS 0 12-21-1: PURPOSE: 12-21-2: DEFINITIONS: 12-21-3: MASTER HAZARD PLANS: 12-21-4: APPROVAL OF MASTER PLANS: 12-21-5: TOWN MANAGER TO ACCUMULATE INFORMATION: 12-21-6: SUPPLEMENTAL STUDIES BY APPLICANT: 12-21-7: REPORT TO TOWN COUNCIL: 12-21-8: INTERPRETATION: 12-21-9: DISCLAIMER OF LIABILITY: 12-21-10: DEVELOPMENT RESTRICTED: 12-21-11: FLOOD HAZARD ZONES: 12-21-12: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: 12-21-13: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS: 12-21-14: RIGHT OF APPEAL: 12-21-15: REQUIREMENT OF BOND: 12-21-1: PURPOSE: qt 0 The purpose of this chapter is to help protect the inhabitants of the town from dangers relating to development of floodplains, avalanche paths, steep slopes, wildfire hazard areas and geologically sensitive areas; to regulate the use of land areas which may be subject to wildfire, flooding and avalanche or which may be geologically sensitive; and further to regulate development on steep slopes; to protect the economic and property values of the town, to protect the aesthetic and recreational values and natural resources of the town, which are sometimes associated with floodplains, wildfire hazard areas, avalanche areas and areas of geological sensitivity and slopes; to minimize damage to public facilities and utilities and minimize the need for relief in cleanup operations; to give notice to the public of certain areas within the town where floodplains, wildfire hazard areas, avalanche areas and areas of geologic sensitivity exist; and to promote the general public health, safety and welfare. (Ord. 5(1985) § 1: Ord. 12(1978) § 4) 12-21-2: DEFINITIONS: It C� For the purposes of this chapter, the words contained in this section are defined as follows: ALLUVIAL FAN FLOODING: Flooding occurring on the surface of an alluvial fan or similar landform, which originates at the apex and is characterized by high velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX: A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. AREA OF SHALLOW FLOODING: A designated AO, AH, or VO zone on a community's flood insurance rate map (FIRM) with a one percent (1%) chance or greater annual chance of flooding to an average depth of one to three feet (3') where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION: The elevation shown on a FEMA flood insurance rate map for zones AE, AH, Al -A30, AR, AR/A, ARAE, AR/A1-A30, AR/AH, AR/AO, V1 -V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent (1%) chance of equaling or exceeding that level in any given year. BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides. BLUE HAZARD AVALANCHE AREA: An area impacted by a snow producing a total static and dynamic pressure less than six hundred (600) pounds per square foot on a flat surface normal to the flow and/or a return interval in excess of twenty five (25) years. CONDITIONAL LETTER OF MAP REVISION (CLOMR): FEMA's comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain. CRITICAL FACILITY: A structure or related infrastructure, but not the land on which it is situated, as specified in subsection 12-21-11I of this chapter, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood. CRITICAL FEATURE: An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT: Any manmade change in improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING: A nonbasement building: a) built, in the case of a building in zones Al -30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and b) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of zones Al -30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of zones VI -30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of section 60.3(e)(5) of the national flood insurance program regulations. EXISTING CONSTRUCTION: For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM. "Existing construction" may also be referred to as "existing structures". FLOOD HAZARD ZONE: The land in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. The area is designated as zones A, AE, AH, AO, Al -99, VO, V1-30, VE or V, on the flood insurance rate map (FIRM). FLOOD INSURANCE RATE MAP (FIRM): An official map on which the federal emergency management agency has delineated both the special flood hazard areas (SFHA) and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY: The official report provided by the federal emergency management agency that includes flood profiles and water surface elevation of the base flood as well as the flood boundary-floodway map. FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: A. The overflow of inland or tidal waters. B. The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD PROTECTION SYSTEM: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN OR FLOOD PRONE AREA: Any land area susceptible to being inundated by water from any source (see definition of Flood Or Flooding). FLOODPROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY (REGULATORY FLOODWAY): The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. FUNCTIONALLY DEPENDENT USE: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long term storage or related manufacturing facilities. GEOLOGICALLY SENSITIVE AREA: An area within the town of Vail which may be subject to rockfalls, mudflows, debris flows, debris avalanches, and unstable soil, slopes or rocks. HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE: Any structure that is: A. Listed individually in the national register of historic places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register; B. Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district; C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of interior; or D. Classified as historically significant per title 10, chapter 2, "Special Historic And Architectural Structures", of this code. LETTER OF MAP REVISION (LOMR): FEMA's official revision of an effective flood insurance rate map (FIRM), or flood boundary and floodway map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or special flood hazard area (SFHA). LETTER OF MAP REVISION BASED ON FILL (LOMR-F): FEMA's modification of the special flood hazard area (SFHA) shown on the flood insurance rate map (FIRM) based on the placement of fill outside the existing regulatory floodway. LEVEE: A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM: A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirement of section 60.3 of the national flood insurance program regulations. MEAN SEA LEVEL: For purposes of the national flood insurance program, the national geodetic vertical datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced. NEW CONSTRUCTION: For the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after December 4, 2007, and includes any subsequent improvements to such structures. 100 -YEAR FLOODPLAIN: See the definition of Flood Hazard Zone. RECREATIONAL VEHICLE: A vehicle which is: A. Built on a single chassis; B. Four hundred (400) square feet or less when measured at the largest horizontal projections; C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. RED HAZARD AVALANCHE AREA: Any area impacted by a snow avalanche producing a total static and dynamic pressure in excess of six hundred (600) pounds per square foot on a flat surface normal to the flow and/or a return interval of less than twenty five (25) years. SLOPE: As defined in section 12-2-2 of this title. SPECIAL FLOOD HAZARD AREA: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year, i.e., the 100 -year floodplain. START OF CONSTRUCTION (For Other Than New Construction Or Substantial Improvements Under The Coastal Barrier Resources Act (Pub. L. 97-348)): Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure. Market value shall be determined by a qualified assessor designated by the administrator. The market value of a structure is determined either: A. Before the improvement or repair is started; or B. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions. VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in section 60.3(b)(5), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION: The height, in relation to the national geodetic vertical datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. WILDFIRE HAZARD AREA: For the purposes of this code a wildfire hazard area is defined as an area at elevated risk to public safety from wildland fire. Wildfire hazard areas contain or are surrounded by vegetation, live or dead, which has the potential to burn and cause public safety hazards. All of the Town town of Vail is within a wildfire hazard area_ ZONE OF INFLUENCE: Any area in a potential avalanche hazard zone where detailed information is not currently available but which may be impacted by said hazard. These zones of influence shall be designated on the appropriate maps of the administrator of the town. (Ord. 19(2013) § 1) 12-21-3: MASTER HAZARD PLANS: it "- The The town manager shall formulate and develop master hazard plans for the town. Said hazard plans shall be based on engineering studies and shall indicate the location of known floodplains, avalanche, wildfire hazard areas and geological hazard zones of influence, known red and blue avalanche and geological hazard areas, and forty percent (40%) slope areas. In addition, the plans may show any other information or data deemed to be desirable by the town manager. Maximum citizen participation during the formulation of the master hazard plans as well as other phases of the information implementation of the hazard studies and regulations shall be encouraged. The purpose of the master hazard plans is to identify and alleviate present and future problems created by the construction of improvements in the hazard areas within the town by means of presenting in an orderly fashion the general data and information which are essential to the understanding of the relationship between the hazards and improvements located within said areas. The master hazard plans may be altered from time to time to conform to new information or existing conditions. (Ord. 29(2005) § 43: Ord. 12(1978) § 4) 12-21-4: APPROVAL OF MASTER PLANS: 4t "- The The master hazard plans shall not be considered to be official hazard master plans of the town until and unless the town council adopts the same, by motion. No substantial modification of the master hazard plan shall be made unless it is first approved by the town council in a similar manner. As soon as the master hazard plans are adopted, or portions thereof are adopted, a copy of it shall be placed on file in the office of the town clerk, where it may be inspected by any interested party during normal business hours. (Ord. 12(1978) § 4) 12-21-5: TOWN MANAGER TO ACCUMULATE INFORMATION: 4t 0 The town manager, with the advice and approval of the planning and environmental commission, shall continue to study and accumulate information as to hazard areas. When additional information is available, it shall be reviewed by the planning and environmental commission and added to the master hazard plans. (Ord. 12(1978) § 4) 12-21-6: SUPPLEMENTAL STUDIES BY APPLICANT: It 0 If an application is made to build in an identified avalanche hazard zone of influence or modification to the floodplain, the administrator may require the applicant to conduct supplemental studies as specified in this chapter. The information submitted by the applicant following completion of said studies shall be viewed by the town staff and the planning and environmental commission and may be added to the master hazard plans. (Ord. 12(1978) § 4) 12-21-7: REPORT TO TOWN COUNCIL: It 0 The town manager shall report to the town council not less than once each year on any additions that have been made to the master hazard plan. (Ord. 12(1978) § 4) 12-21-8: INTERPRETATION: 4t 0 The provisions of this chapter shall be deemed to be minimum requirements. Nothing herein shall impair the obligations of or interfere with private agreements in excess of the minimum requirements. Where this chapter imposes a restriction different from that imposed by other applicable provisions of law, contract, or deed, the more restrictive provision shall control. (Ord. 5(1985) § 3) 12-21-9: DISCLAIMER OF LIABILITY: It 0 This chapter is based on scientific and engineering considerations which are continually being developed. Compliance with the provisions herein cannot ensure freedom from risk to life, safety or property. This section shall not create liability on the part of the town or any officer or employee thereof for any damage that may result from reliance on this chapter, or any administrative decision lawfully made hereunder. The designation of certain areas as hazard areas or geologically sensitive areas pursuant to maps incorporated into this chapter does not imply in any way that areas not so designated are free from all risk to life, safety or property. (Ord. 5(1985) § 4) 12-21-10: DEVELOPMENT RESTRICTED: C 0 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. B. Structures may be built in blue avalanche hazard areas provided that proper mitigating measures have been taken. C. The administrator may require any applicant or person desiring to build in an avalanche hazard zone of influence to submit a definitive study of the hazard area in which the applicant proposes to build if the town's master hazard plan does not contain sufficient information to determine if the proposed location is in a red hazard or blue hazard area. The requirement for additional information and study shall be done in accord with chapter 12 of this title. D. The administrator may require any applicant or person desiring to build in an identified blue avalanche hazard zone to submit additional information or reports as to whether or not improvements are required to mitigate the possible hazard. If mitigation is required, said information and report should specify the improvements proposed in the blue avalanche hazard zone. The required information and reports shall be done in accordance with chapter 12 of this title. (Ord. 28(2007) § 4: Ord. 29(2005) § 44: Ord. 16(1983) § 1: Ord. 12(1978) § 4) 12-21-11: FLOOD HAZARD ZONES: It 0 A. Lands To Which This Chapter Applies: This chapter shall apply to all special flood hazard areas and areas removed from the floodplain by the issuance of a FEMA letter of map revision based on fill (LOMR-F) within the jurisdiction of the town of Vail, Colorado. B. Purpose: To promote public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; 7. Ensure that potential buyers are notified that property is in a flood area; 8. Ensure that those who occupy the floodplain assume the responsibility for their actions; 9. Protect the natural areas required to convey flood flows and retain flow characteristics; and 10. Obtain and maintain the benefits to the community of participating in the national flood insurance program. C. Basis For Establishing Special Flood Hazard Areas: Special flood hazard areas identified by the federal emergency management agency in a scientific and engineering report entitled, "The Flood Insurance Study For Eagle County, Colorado, And Incorporated Areas" dated December 4, 2007, with accompanying flood insurance rate maps and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter. D. Designation Of The Floodplain Administrator: The town engineer or designee is hereby appointed the floodplain administrator to administer and implement the provisions of this chapter and other appropriate sections of 44 CFR (national flood insurance program regulations) pertaining to floodplain management. E. Duties And Responsibilities Of The Floodplain Administrator: Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this chapter. 2. Review all permit applications to ensure that the requirements of this chapter have been satisfied and that the proposed improvement will be reasonably safe from flooding. 3. Review, approve or deny floodplain use and modification permits to determine whether proposed improvements meet the provisions of this chapter. 4. Review evidence prior to the issuance of a floodplain use permit that all necessary permits have been obtained from those federal, state, or local government agencies from which prior approval is required. Conditional floodplain use permits may be issued contingent upon receipt of the above mentioned agency permits. 5. Review and verify that no new habitable structure is constructed within the special flood hazard area. 6. Review and verify that a licensed professional engineer or professional land surveyor certified the location of the 100 -year floodplain on all development applications that are adjacent to, or partially located within the 100 -year floodplain, that are proposing improvements that may affect the floodplain. 7. Where interpretation is needed as to the exact location of the boundaries of the special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation. 8. Notify, in riverine situations, adjacent communities and the Colorado water conservation board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency. 9. Assure that the flood carrying capacity within any altered or relocated portion of any watercourse is maintained. 10. When base flood elevation data have not been provided in accordance with subsection C of this section, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from federal, state or other source, in order to administer the provisions of subsection G of this section. 11. When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones Al -30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one-half foot (1/2) at any point within the community. 12. Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance program regulations, a community may approve certain development in zones Al -30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one-half foot (1/2'), provided that the community first applies for a conditional FIRM revision through FEMA (conditional letter of map revision). F. Floodplain Permits: 1. Floodplain Use Permit: a. Purpose: The floodplain use permit is a permit to allow temporary grading within the floodplain and allow for necessary public infrastructure improvements within the floodplain. A floodplain use permit may be issued under at least one of the following conditions: (1) Temporary grading in the floodplain approved by the floodplain administrator, in which the site is returned to its existing grade and conditions; (2) Utility construction/maintenance within the floodplain approved by the floodplain administrator which is deemed to have an insignificant impact to the 100 -year floodplain; (3) Stream bank stabilization within the floodplain approved by the floodplain administrator and is deemed to have an insignificant impact to the floodplain; (4) Public infrastructure construction/maintenance approved by the floodplain administrator including, but not limited to, roads, bridges, recreation paths, walks, stream drop structures, and stream erosion control measures which are deemed to have an insignificant impact to the floodplain; b. Floodplain Use Permit Application Submittal Requirements: Applicants shall provide the following information prior to design review or any review by the planning and environmental commission: (1) Site plan at an engineering scale showing the location, dimensions, and elevations of the proposed landscape/grade alterations, existing and proposed structures, relevant landscape/topographic features, and the location of the foregoing in relation to the 100 -year floodplain. The floodplain line shall be provided on a plan certified by a licensed professional engineer or land surveyor. (2) Detailed topographic cross sections provided by a licensed professional surveyor of the area proposed to be altered, showing existing and proposed conditions. (3) Description of the extent to which any floodplain will be altered including why, when, how, and when it will be replaced back to its original configuration, and addressing each relevant criterion in subsection F3 of this section. (4) Copy of all other necessary approved permits (i.e., building permit, public way permit, ACOE permit, dewatering permit, DOW permit, CDHPE permit, etc.). (5) If required by the floodplain administrator, an engineered floodplain analysis of the impacts to the floodplain prepared by a qualified licensed professional engineer. (6) Submitted application for a conditional FIRM and floodway revision through FEMA, if applicable. (7) Any additional information deemed necessary by the floodplain administrator. 2. Floodplain Modification Permit: a. Purpose: A floodplain modification permit is a permit to allow construction of improvements and/or modifications to the adopted floodplain for all other uses, improvements, or modifications to or within the floodplain that do not fall within the guidelines of the floodplain use permit. However, no habitable structures or improvements shall be allowed to be constructed within the floodplain. b. Floodplain Modification Application Submittal Requirements: Applicants shall provide the following information prior to design review or any review by the planning and environmental commission: (1) Elevation of the lowest floor (including basement and crawl space) of all new and substantially improved structures within or adjacent to the floodplain. (2) Description of the extent to which any floodplain will be altered including why, when, how, and when it will be replaced back to its original configuration, and addressing each relevant factor in subsection F3 of this section. (3) Signature of the owners of all property subject to an impact by the proposed improvement. (4) A site plan drawn to an engineering scale showing the location, dimensions, and elevations of the proposed landscape/grade alterations, existing and proposed structures, relevant landscape/topographic features, and the location of the foregoing in relation to the 100 -year floodplain. The floodplain line shall be provided on a plan certified by a licensed professional engineer or land surveyor. (5) Detailed topographic cross sections provided by a licensed professional surveyor of the area proposed to be altered, showing existing and proposed conditions. (6) Copy of all other necessary approved permits (i.e., building permit, public way permit, ACOE permit, dewatering permit, DOW permit, CDHPE permit). (7) An engineered floodplain analysis of the impacts to the floodplain prepared by a qualified licensed professional engineer. (8) Copy of submitted application for a conditional FIRM and floodway revision through FEMA, if applicable. (9) Environmental impact report, per chapter 12 of this title. (10) Any additional information deemed necessary by the floodplain administrator. 3. Review, Criteria And Findings: At the discretion of the floodplain administrator, floodplain use permits may be reviewed by the floodplain administrator or the PEC. All floodplain modification permits shall be reviewed and approved by the floodplain administrator and the PEC. a. Criteria: The following factors shall be used to make a determination in issuance of floodplain permits: (1) The effects upon the efficiency or capacity of the floodway; (2) The effects upon persons and personal property upstream, downstream and in the immediate vicinity; (3) The effects upon the 100 -year flood profile and channel stability; (4) The effects upon any tributaries to the main stream, drainage ditches and any other drainage facilities or systems; (5) The danger to life and property due to flooding or erosion damage; (6) The susceptibility of the proposed improvement and its contents to flood damage and the effect of such damage on the individual owner; (7) The danger that materials may be swept onto other lands to the injury of others; (8) The compatibility of the proposed use with existing and anticipated development; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (12) The effect the proposed changes will have any adverse environmental effect on the watercourse including, without limitation, erosion of stream banks and stream side trees and vegetation and wildlife habitat; (13) The necessity to the facility of a waterfront location, where applicable; (14) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (15) The relationship of the proposed use to the comprehensive plan for that area. b. Findings: The following findings shall be made before granting of a floodplain permit: (1) That the proposed use or modification adequately addresses the findings in subsection F3a of this section, as determined by the floodplain administrator, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; (2) That the proposed use or modification is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and (3) That the proposed use or modification is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the proposed use or modification 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. 4. Permit Fees: The town council shall set a floodplain permit schedule sufficient to cover the cost of town staff time, consultant fees, and incidental expense. 5. Expiration Of Permit: A floodplain permit shall expire two (2) years after its date of issuance if the permittee has not started construction under the permit. G. Provisions For Flood Hazard Reduction: 1. General Standards: In all special flood hazard areas, the following provisions are required for all new construction and substantial improvements: a. Habitable structures or improvements shall not be permitted to be constructed within the 100 - year floodplain. Improvements that may be approved for construction within the 100 -year floodplain include: (1) Temporary grading in the floodplain approved by the floodplain administrator, in which the site is returned to its existing grade and conditions; (2) Utility construction/maintenance within the floodplain approved by the floodplain administrator which is deemed to have an insignificant impact to the floodplain; (3) Stream bank stabilization within the floodplain approved by the floodplain administrator and is deemed to have an insignificant impact to the floodplain; (4) Public infrastructure construction/maintenance approved by the floodplain administrator including, but not limited to, roads, bridges, recreation paths, walks, stream drop structures, and stream erosion control measures which are deemed to have an insignificant impact to the floodplain; b. An insignificant impact to the floodplain shall be defined as: An improvement in the floodplain that is a public benefit that meets the criteria set out in subsection Gla of this section and causes no negative impacts to adjacent properties and no permanent localized cumulative increase in the adopted base flood elevations (BFE) greater than 0.25 vertical feet. The applicant shall apply for a conditional FIRM and floodway revision through FEMA, if applicable; c. All new structures or improvements, unless otherwise specifically provided for within this chapter, shall not influence the 100 -year floodplain and shall maintain a minimum clear distance from the 100 -year floodplain of one foot (F) in both the horizontal and vertical directions; d. Floor plans and elevations illustrating that the lowest floor elevations including basement, together with attendant utility and sanitary facilities, of the new or substantially improved structure, shall be elevated to at least one foot (1') above the base flood elevation; e. All approved new or modified improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the improvement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; f All new approved construction or modified improvements shall be constructed by methods and practices that minimize flood damage; g. All new approved construction or modified improvements shall be constructed with materials resistant to flood damage; h. All existing nonconforming structures located within the 100 -year floodplain that may require maintenance shall not negatively impact the adopted BFEs or adjacent properties in any way, unless as provided by subsection Gla of this section; and shall increase conformity and flood protection as required by the floodplain administrator (i.e., floodproofing, flotation prevention, flood resistant materials, etc.); i. All existing nonconforming structures that may require maintenance to operational systems that are within the floodplain shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; j. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; k. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and 1. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 2. Standards For Areas Of Shallow Flooding (AO/AH Zones): Located within the special flood hazard areas established in subsection C of this section, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet (3') where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: a. All new construction and substantial improvements of residential structures have the lowest floor (including basement, together with attendant utility and sanitary facilities) elevated one foot (1') above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 3 feet if no depth number is specified). b. All new construction and substantial improvements of nonresidential structures have the lowest floor (including basement, together with attendant utility and sanitary facilities) elevated one foot (1') above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 3 feet if no depth number is specified), or; together with attendant utility and sanitary facilities be designed so that one foot (1') above the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. c. A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this chapter are satisfied. d. Require within zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. 3. Floodways: Floodways located within special flood hazard areas established in subsection C of this section, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: a. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. b. If this subsection G is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this subsection G. c. Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. H. Properties Removed From Floodplain By Fill: 1. Permit: A floodplain permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA letter of map revision based on fill (LOMR-F), unless such new structure or addition complies with the following: a. Residential construction: The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot (1') above the base flood elevation that existed prior to the placement of fill. b. Nonresidential construction: The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot (1') above the base flood elevation that existed prior to the placement of fill, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one foot (F) above the base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. I. Critical Facilities: 1. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the regulatory floodplain. 2. Construction of new critical facilities in the regulatory floodplain shall be permissible if no feasible alternative site is available, provided: a. Critical facilities shall have the lowest floor elevated three feet (3') above the base flood elevation or to the height of the 500 -year flood, whichever is higher. If there is no available data on the 500 -year flood, the permit applicants shall develop the needed data in accordance with FEMA mapping guidelines. b. Access to and from the critical facility shall be protected to the elevation of the 500 -year flood. (Ord. 19(2013) § 2) 12-21-12: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: It 0 "Slope" is the gradient or configuration of the undisturbed land surface prior to site improvement of a lot, site, or parcel which shall be established by measuring the maximum number of feet in elevation gained or lost over each ten feet (10') or fraction thereof measured horizontally in any direction between opposing lot lines; the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope". In determination of "slope" as defined herein, for use in establishing buildable area requirements and maximum floor area ratio limitations on existing and proposed lots, a grid system based on ten foot (10') modules shall be superimposed on a topographic map of the subject property and the lot slope determination established by the defined method for each one hundred (100) square foot grid portion of the tract, lot or portion thereof. The following additional special restrictions or requirements shall apply to development on any lot in a hillside residential, single-family residential, two-family residential or two-family primary/secondary residential district where the average slope of the site beneath the existing or proposed structure and parking area is in excess of thirty percent (30%): A. A soil and foundation investigation, prepared by and bearing the seal of a registered professional engineer shall be required. B. Foundations must be designated and bear the seal of a registered professional engineer. C. A topographic survey prepared by a registered surveyor, with contour intervals of not more than two feet (2'), shall be required. D. Structures must be designed by a licensed architect. E. Site coverage as it pertains to this chapter, as permitted by sections 12-6A-9, 12-613-9, 12-6C- 9 and 12-6D-9 of this title, is amended as follows: 1. Not more than ten percent (10%) of the total site area may be covered by driveways and surface parking. 2. In order to protect the natural landform and vegetation on steep slopes, not more than sixty percent (60%) of the total site area may be disturbed from present conditions by construction activities. The design review board (DRB) may approve site disturbance in excess of the sixty percent (60%) maximum if specific design criteria warrant the extent of the requested deviation. F. A site grading and drainage plan shall be required. G. A detailed plan of retaining walls or cuts and fills in excess of five feet (5') shall be required. H. A detailed revegetation plan must be submitted. L The administrator may require an environmental impact report as provided in section 12-12-2 of this title. J. A minimum of one covered parking space shall be provided for each dwelling unit. K. Setbacks, as they apply to this chapter, as required by sections 12-6A-6, 12-613-6, 12-6C-6 and 12-6D-6 of this title, are amended as follows: There shall be no required front setback for garages, except as may be required by the design review board. Garages located in the front setback, as provided for in this section, shall be limited to one story in height (not to exceed 10 feet) with the addition of a pitched or flat roof and subject to review and approval by the design review board. L. Retaining walls up to six feet (6') in height may be permitted in the setback by the design review board when associated with a permitted garage as referenced in subsection K of this section. (Ord. 28(2007) § 8: Ord. 17(2006) § 1: Ord. 29(2005) § 45: Ord. 5(2001) § 3: Ord. 2(1995) § 1: Ord. 13(1994) § 1) 12-21-13: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS: It 0 A. Maps Adopted: The following maps are hereby adopted as the official maps of the town, identifying areas of geologic sensitivity: 1. The debris flow and debris avalanche hazard analysis map prepared by Arthur L Mears, P.E., Inc., and dated November 1984. 2. The rockfall map prepared by Schmueser and Associates, Inc., and dated November 29, 1984. 3. All areas within the boundaries of the geologic hazards map, figure 3, prepared by Lincoln DeVore Engineers, Geologists and dated August 16, 1982. B. Investigation: 1. In any area located within the boundaries of the Lincoln DeVore map, or in any area identified as a debris flow or debris avalanche area by the Mears map, or in any area identified as a rockfall area by the Schmueser map, no initial application for a building permit, grading permit or major or minor subdivision shall be approved until a site specific geologic investigation is complete. For the purpose of this section, a site specific geologic investigation shall be deemed a detailed geologic investigation which is applicable to each respective site. All reports and studies required by this section shall be prepared by a "professional geologist", as defined by Colorado Revised Statutes section 34-1-01, as amended, or a "registered professional engineer", as defined by Colorado Revised Statutes section 12-25-102, as amended, under the direction of and at the expense of the owner/applicant and submitted to the department of community development. 2. The extent of the site specific ecologic investigation required shall be determined by the geologist or engineer who is responsible for the investigation; however, the investigation shall be of sufficient thoroughness and accuracy to allow such expert to certify to the following: a. For all structures other than single-family and two-family dwellings, and "accessory uses" thereto as defined in section 12-6C-4 of this code: (1) Whether the geologic conditions are such that the site can or cannot be developed for the specific structure or use proposed without corrective engineering or engineered construction, or other mitigation or alterations. (2) Whether corrective engineering or engineered construction, or other mitigation or alterations can or cannot be accomplished to reduce the danger to the public health, safety or to property due to problems related to geologic sensitivity to a reasonable level, and not increase the hazard to other properties or structures, or to public buildings, rights of way, roads, streets, easements, utilities or facilities or other properties of construction. b. For single-family and two-family dwellings, and "accessory uses" thereto as defined in section 12-6C-4 of this title, the site specific geologic investigation shall certify to the following: (1) Whether the site can be developed for the specific structure or use proposed without corrective engineering or engineered construction or other mitigation or alterations; or (2) That the site is a geologically sensitive area but development will not increase the hazard to other property or structures, or to public buildings, rights of way, roads, streets, easements, utilities or facilities or other properties of any kind. C. Development Plan Or Building Permit: Following the completion of the site specific geological investigation and its review by the department of community development, a development plan may be approved or a building permit may be issued as follows: 1. For all structures other than single-family and two-family dwellings, and "accessory uses" thereto as defined in section 12-6C-4 of this title: a. If the conclusion of the engineer or geologist performing the investigation is that the site can be developed for the specific structure or activity proposed without corrective engineering or engineered construction or other mitigation or alterations, the subdivision plan or building permit or grading permit may be approved without conditions relating to the mitigation of the areas of geologic sensitivity. b. If the finding of the engineer or geologist performing the geologic investigation is that the site is a geologically sensitive area, but that corrective engineering or engineered construction or other mitigation or alterations can be accomplished to reduce the danger to the public health and safety or to property to a reasonable level, and such mitigation does not increase the hazard to other property or structures, or to public buildings, roads, streets, rights of way, easements, utilities or facilities, approval of the development plan and/or the issuance of the building or grading permit shall be conditional and contingent upon approval of plans for corrective engineering and engineered construction or other litigation or alterations as set forth in this title. c. If the conclusion of the geologist or engineer performing the site specific geologic investigation is that the site cannot be developed for the structure or use proposed because the danger posed by the geologically sensitive area cannot be reduced or mitigated to a reasonable level, the subdivision plan or building permit or grading permit shall be denied. 2. For single-family and two-family dwellings, and "accessory uses" thereto as defined in section 12-6C-4 of this title: a. If the conclusion of the engineer or the geologist performing the investigation is that the site can be developed for the specific structure or use proposed without corrective engineering or engineered construction or other mitigation or alterations, or that the site is a geologically sensitive area, but will not increase the hazard to other property or structures or to public buildings, roads, streets, rights of way, easements, utilities or facilities, a grading permit or building permit may be issued. b. If the finding of the engineer or geologist performing the site specific geologic investigation is that the site is a geologically sensitive area, but that corrective engineering or engineered construction or other mitigation or alterations can be accomplished so that there is no increased hazard to other property or structures, or to public buildings, roads, streets, rights of way, easements, utilities or facilities, the issuance of a building or grading permit shall be conditional and contingent upon approval of plans for corrective engineering or engineered construction or other mitigation or alterations as set forth in this section. c. If the conclusion of the geologist or engineer performing the site specific geologic investigation is that the site cannot be developed for the structure proposed because the danger posed by the geologically sensitive area cannot be reduced or mitigated so that the hazard to other properties or structures will not increase from the present level or the hazard to public buildings, roads, streets, rights of way, easements, utilities and facilities will not increase from the present level, then the building permit or grading permit shall be denied. D. Construction Requirements: The following requirements shall pertain to the construction of any building or structure to be built in an identified or designated area of geologic sensitivity and which requires corrective engineering or engineered construction or other mitigation or alterations to reduce the danger to public health and safety or to property due to such problems as set forth in subsections Clb or C2b of this section: 1. The certified site specific reports and plans required by this subsection shall be prepared by each engineer and geologist as applicable to their area of expertise and specialty and shall certify that: a. Adequate base data as may be pertinent has been provided. b. Said base data is utilized in the design and planning of the proposed project or structure. c. Design and construction procedures derived from said base data are executed. d. Design and construction will reduce danger to the public health, safety or property due to geologic sensitivity to a reasonable level. 2. No certificate of occupancy, temporary or permanent, shall be issued until the following have been approved by the department of community development or its authorized representatives: a. Inspection and certification by the town building official and the engineer or geologist who prepared the plans and specifications that the work was properly performed in accordance with the plans and specifications. b. If the engineer, geologist, or building official of the town finds that the work is not being done in accordance with the approved plans and specifications, the discrepancy shall be reported immediately in writing to the contractor and to the department of community development. Recommendations for corrective measures, if necessary, shall also be submitted. c. All geologic reports prepared under this section shall be signed by and prepared by or under the responsible direction of "professional geologists" as defined by Colorado Revised Statutes section 34-1-201, as amended. Such professional geologist shall be experienced and competent in the geologic specialty required to meet the objectives of this chapter. Such professional geologist shall be responsible for certification of all geologic maps and reports prepared by him/her under his/her responsible direction as specified in this section. All engineering reports required by this section shall be done by a "registered professional engineer" as defined by Colorado Revised Statutes section 12-25-102, as amended. E. Existing Uses Continued; Exceptions: Existing use of land, structures or premises which are not in conformity with the provisions of this regulation may be continued, except for the following: 1. No building permit will be issued for the exterior expansion, alteration or addition to existing structures in geologically sensitive areas except for windows, skylights and other similar minor alterations unless the requirements of subsections B through D of this section are complied with. 2. Structures existing on the effective date hereof which are damaged or destroyed may be reconstructed without compliance to this section as long as said structure complies with other applicable ordinances and is constructed to substantially the same dimensions as existed prior to damage or destruction, unless given approval by the town to alter the design. F. Notice Requirements: In order to provide reasonable notice to the public of the problems related to geologically sensitive areas, the following notice regulations and requirements are hereby adopted for all real property and structures located in geologically sensitive areas: 1. All subdivision plats recorded after the effective date hereof shall identify and designate each lot and block, or portions thereof, located within any geologically sensitive area, together with applicable subzone designations, by a stamp or writing in a manner providing reasonable notice to interested parties. 2. All plans submitted after the effective date hereof with the building permit application for property within said areas shall be stamped by the applicant "Geologically Sensitive Area" together with the applicable zone designation. 3. Prior to the issuance of any building permit for construction within the geologically sensitive areas, the owner shall submit a written, signed and notarized affidavit certifying acknowledgment of receiving personal notice of the fact that said building or structure is in an area of geologic sensitivity and notice of the studies conducted to date with regard thereto. 4. All owners, lessors or agents who rent, lease or sublet any structure or premises within an area of geologic sensitivity shall provide the tenant, lessee or subtenant with written notice that said property is located within said area prior to any lease being entered into or occupancy, whichever occurs first, if said rental lease or sublease will extend into the period of April 1 through July 1 of any year. 5. Each and every real estate agent, salesperson and broker, and each and every private party who offers for sale or shows a parcel of real estate and/or structure for sale within said area of geologic sensitivity, shall provide the prospective purchaser, with written notice that said real property and/or structure is located within said area of geologic sensitivity. Furthermore, written notice shall be made in all instances prior to the execution of any sales documents and shall state that this section and the studies and maps referred to in this section are available for public inspection at the office of the department of community development and that said maps, studies and this section should be reviewed prior to any party entering into any agreement or contract with regard thereto. G. Disputes; Procedure: In any case where a person wishes to dispute the designation of any property as a geologically sensitive area by one of the maps and studies adopted by this section, the following procedures shall be followed: 1. A written application shall be filed with the department of community development requesting such a hearing and providing a supporting site specific geologic investigation. 2. A hearing shall be set on a date a minimum of thirty (30) days after the application has been filed to allow for a staff review. 3. At the hearing before the town council, the applicant shall be given a reasonable opportunity to present his/her case and submit technical and geologic evidence to support his/her claim. If the site specific geologic investigation establishes by clear and convincing evidence that the property should not be designated as a geologically sensitive area, the town council shall direct the department of community development to amend the map appropriately. H. Additions To Maps: In any case where a person wishes to have one of the official maps adopted by this title amended to notate more detailed site specific information is available, the following procedure shall be followed: 1. A written application shall be filed with the department of community development requesting such a hearing and providing a supporting site specific geologic investigation. 2. A hearing shall be set on a date not less than thirty (30) days after the application has been filed nor more than sixty (60) days to allow for a staff review. 3. If the applicant establishes at the hearing by clear and convincing evidence that the information contained in the site specific geologic investigation is reliable, the town council shall direct the department of community development to keep a copy of said site specific investigation on file in the department of community development and available to the general public and shall further direct the department of community development to notate the appropriate official map adopted by this chapter so that it indicates that said site specific investigation is on file with the department of community development. (Ord. 28(2007) § 9: Ord. 29(2005) § 46: Ord. 20(1985) § 1: Ord. 5(1985) § 5) 12-21-14: RESTRICTIONS IN WILDFIRE HAZARD AREAS All of the town of Vail is situated within a wildfire hazard zone. The natural vegetation surrounding and throughout the community is dependent on wildfire for regeneration and ecosystem health. The ecosystem is dependent upon infrequent, high severity stand replacing wildfire. Wildfires of this character can carry over many thousands of acres and burn for several weeks. Besides substantial flaming fronts, fires of this nature frequently send large quantities of embers miles outside of the main fire perimeter igniting additional spot fires. Due to the long and narrow layout of the town, no location within the Tewirtown limits are outside the potential ember fall area from a wildfire. Structures built within the Town town shall be constructed and landscaped in a manor to resist ignition from wildfire flames and embers. Specific requirements for ignition resistant construction and landscaping are in 10-7A, 12-11 and 14-10. 12-21-4415: RIGHT OF APPEAL: It 0 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. Variances specific to section 12-21-11, "Flood Hazard Zones", of this chapter shall be governed by chapter 17 of this title and may be granted under the following conditions: A. The appeal board may grant variances and place conditions upon them as it deems necessary to further the purpose and objectives of this chapter as stated in subsection 12-21-11B of this chapter. B. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the national register of historic places or the state inventory of historic places, upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (Ord. 19(2013) § 3) 12-21-4-516: REQUIREMENT OF BOND: Any applicant under this chapter may be required to post bond, a letter of credit, or other guarantee to ensure that the improvements, reports, or other requirements of this chapter are completed and complied with. (Ord. 28(2007): Ord. 12(1983) § 1) ATTACHMENT D Proposed Text Amendment 14-2-1: DEFINITIONS OF WORDS AND TERMS: FLOOR AREA, GROSS: The total floor area within the enclosing walls of a structure including, but not limited to, the following. A. Areas specifically designed and used for mechanical equipment to operate the building. B. Stairways. C. Elevators. D. Common hallways. E. Common lobbies. F. Common restrooms. G. Areas designed and used for parking. H. Areas designed and used as storage which do not have direct access to an individual office or retail store, not to exceed five percent (5%) of the total proposed net floor area for office and not to exceed eight percent (8%) of the total proposed net floor area for retail. I. Areas that may be deducted from the gross residential floor area per Section 12-15-3 of this code. "Common areas" are spaces for which all tepapA-s occupants in the building contribute toward the upkeep and maintenance thereof and are not used for employee working areas. ATTACHMENT E Chapter 10 DESIGN REVIEW STANDARDS AND GUIDELINESo 14-10-1: PURPOSE: 14-10-2: GENERAL COMPATIBILITY: 14-10-3: SITE PLANNING: 14-10-4: ARCHITECTURAL PROJECTIONS, DECKS, BALCONIES, STEPS, BAY WINDOWS, ETC.: 14-10-5: BUILDING MATERIALS AND DESIGN: 14-10-6: RESIDENTIAL DEVELOPMENT: 14-10-7: OUTDOOR LIGHTING: 14-10-8: LANDSCAPING, DRAINAGE, AND EROSION CONTROL: 14-10-9: FENCES, HEDGES, WALLS, AND SCREENING: 14-10-10: ACCESSORY STRUCTURES; UTILITIES; SERVICE AREAS: 14-10-11: SATELLITE DISH ANTENNAS: 14-10-12: COMMUNICATIONS ANTENNAS AND APPURTENANT EQUIPMENT: 14-10-1: PURPOSE:EtF7 This chapter provides the design review standards and guidelines for development in the town of Vail. Actions of the staff and the design review board shall be guided by the objectives prescribed herein, the Vail Village urban design considerations and guide plan and the Lionshead redevelopment master plan, and by all of the applicable ordinances of the town and by the design guidelines in this chapter. (Ord., 9-21-1999) 14-10-2: GENERAL COMPATIBILITY: Z 0 A. Structures shall be compatible with existing structures, their surroundings, and with Vail's environment. It is not to be inferred that buildings must look alike to be compatible. Compatibility can be achieved through the proper consideration of scale, proportions, site planning, landscaping, materials and colors, and compliance with the guidelines herein contained. B. Any building site in Vail is likely to have its own unique landforms and features. Whenever possible, these existing features should be preserved and reinforced by new construction. The objective is to fit the buildings to their sites in a way that leaves the natural landforms and features intact, treating the buildings as an integral part of the site, rather than as isolated objects at odds with their surroundings. (Ord., 9-21-1999) 14-10-3: SITE PLANNING:(t= A. The location and configuration of structures and accessways shall be responsive to the existing topography of the site upon which they are to be located. Grading requirements resulting from development shall be designed to blend into the existing or natural landscape. Any cuts or fills shall be sculptural in form and contoured to blend with the existing natural undisturbed terrain within the property boundary. B. Building siting and access thereto shall be responsive to existing features of terrain rock outcroppings, drainage patterns, and vegetation. C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased, those essential for creating defensible space, and those found to impact view corridors as further regulated by title 12, chapter 22, "View Corridors", of this code. Mitigation may be required for tree removal. D. All areas disturbed during construction shall be revegetated. Replacement of disturbed soils and vegetation shall comply with the req iircmcnts of the Vail Circ -and ErnergenGy ccr ii+cc Circ RGC0Ct_;;At 1-PAGIGGapi„n guidelines Section 14-10-8 of this code If necessary, the design review board may designate allowable limits of construction activity and require physical barriers in order to preserve significant natural features and vegetation upon a site and adjacent sites during construction. (Ord. 10(2012) § 3: Ord. 3(2007) § 3: Ord., 9-21-1999) 14-10-4: ARCHITECTURAL PROJECTIONS, DECKS, BALCONIES, STEPS, BAY WINDOWS, ETC.: 0 A. Architectural projections including eaves, roof overhangs, awnings, louvers, and similar shading features; sills, belt courses, cornices, and similar features; and flues and chimneys may project not more than four feet (4') into a required setback area or into a required distance between buildings. B. Porches, steps, decks or terraces or similar features located at ground level or within five feet (5') of ground level may project not more than ten feet (10') nor more than one-half (1/2) the minimum required dimension into a required setback area, or may project not more than five feet (5') nor more than one-fourth (1/4) the minimum required dimension into a required distance between buildings. Steps that form an exit discharge may project into a required setback area to the degree necessary to conform with the adopted building code's means of egress standards, at the discretion of the administrator. C. Balconies, decks, terraces, and other similar unroofed features projecting from a structure at a height of more than five feet (5') above ground level may project not more than five feet (5') nor more than one-half (1/2) the minimum required dimension into a required setback area, or may project not more than five feet (5') nor more than one-fourth (1/4) the minimum required dimension into a required distance between buildings. A balcony or deck projecting from a higher elevation may extend over a lower balcony or deck but in such case shall not be deemed a roof for the lower balcony or deck. D. Fire escapes or exterior emergency exit stairways may project into any required setback area or distance between buildings not more than four feet (4'). E. Bay windows and similar features extending the interior enclosed space of a structure may project not more than three feet (3') into a required setback area or a required distance between buildings, provided that the total of all such projection does not exceed more than one-tenth (1/10) the area of the wall surface from which it projects or extends. F. Towers, spires, cupolas, chimneys, flagpoles, and similar architectural features not usable as habitable floor area may extend above the height limit a distance of not more than twenty five percent (25%) of the height limit nor more than fifteen feet (15'). (Ord. 29(2005) § 81: Ord., 9-21- 1999) 14-10-5: BUILDING MATERIALS AND DESIGN:O A. Intent: The town is situated within the wildland urban interface where community values intersect with the potential consequences of wildland fires. Wildland fires both big and small have the potential to destroy homes and neighborhoods within the town. The architecture and chosen materials of a building greatly affect the survivability of that structure in the face of a wildfire. The use of class A roof coverings and ignition resistant building materials decrease the hazards to the individual structure as well as the surrounding homes. B. Ignition Resistant Materials: The use of ignition resistant building materials and designs intended to prevent the spread of fire are highly eneou required, unless otherwise exempted by Section 12-11-3 this code. Vail fire and emergency services is available to provide more information on the use of ignition resistant materials and designs. Predominantly natural building materials shall be used within the town. The exterior use of wood, wood siding, native stone, brick, concrete, stucco, and EIFS may be permitted. Concrete surfaces, when permitted, shall be treated with texture and color; however, exposed aggregate is more acceptable than raw concrete. The exterior use of the following siding materials shall be prohibited: stucco or EIFS with gross textures or surface features that appear to imitate other materials, simulated stone, simulated brick, plastic and vinyl. The exterior use of any building material, including those not specifically identified by this section, shall only be permitted, unless otherwise prohibited by this code, where the design review board finds: 1. That the proposed material is satisfactory in general appearance, quality over time, architectural style, design, color, and texture; and 2. That the use of the proposed material complies with the intent of the provisions of this code; and 3. That the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the town;. The provisions of this Paragraph B shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises within the town, unless otherwise exempt by Section 12-11-3 C of this code. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings and structures. Exceptions: ^. Ad -d + ^^s; nr ^14cr^4innc of Iccc th^n 500 cn„^rc fcc4 of (CD4 Crncc Clnnr 4rc^ ^rc +hc previsieRs of this , pde. Repair or replacement of 25% or less of a deck surface or support structure is exempt from the ignition resistant requirements of this paragraph B. b. Combustible siding, as defined in the town's adopted building codes, may be used as long as it does not cover more than 33% of a given wall (excluding windows, doors and other openings) and may not be within 5 feet of the ground level. Combustible siding which has a profile that may allow ember intrusion such as wood shake or wood shingle is prohibited. C. Same Or Similar Materials: The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. Translucent components of greenhouses shall be exempt from this requirement. D. Colors: Exterior wall colors should be compatible with the site and surrounding buildings. Natural colors (earth tones found within the Vail area) should be utilized. Primary colors or other bright colors should be used only as accents and then sparingly such as upon trim or railings. All exterior wall materials must be continued down to finished grade thereby eliminating unfinished foundation walls. All exposed metal flashing, trim, flues, and rooftop mechanical equipment shall be anodized, painted or capable of weathering so as to be nonreflective. E. Roof Forms: The majority of roof forms within Vail are gable roofs with a pitch of at least four feet (4') in twelve feet (12'). However, other roof forms are allowed. Consideration of environmental and climatic determinants such as snow shedding, drainage, fire safety and solar exposure should be integral to the roof design. F. Rooflines: Rooflines should be designed so as not to deposit snow on parking areas, trash storage areas, stairways, decks and balconies, or entryways. Secondary roofs, snow clips, and snow guards should be utilized to protect these areas from roof snow shedding if necessary. G. Regulations: All structures shall have class A roof assemblies or shall have class A roof covering materials, as defined by the adopted building code. The use of concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and built up tar and gravel roofing may be permitted. Metal roofing, when permitted, shall not reflect direct sunlight onto an adjacent property and shall be surfaced with a low gloss finish or be capable of weathering to a dull finish. Metal roofing, when permitted, shall be of a heavy gauge and designed to provide visual relief to the roof surface (including, but not limited to, a standing seam). Asphalt and fiberglass shingles, when permitted, shall be designed to provide visual relief through texture, dimension and depth of appearance. The use of wood shake, wood shingles and rolled roofing shall not be permitted. Two-family and multi -family dwellings shall be required to have uniform roof covering materials, except when the design review board determines that the materials are compatible, are integral to the architectural style of the structure and different materials do not share any ridges or planes, but may share a valley. 1. Nonconforming Structures: All structures that do not have a class A roof assembly or class A roof covering material, or structures with wood shake or wood shingles shall replace the roof covering as follows: a. Additions: All additions affecting roof area shall trigger compliance of the roof structure of a single- family dwelling, a side of a two-family dwelling, or the entire multiple -family dwelling, except for a onetime exemption of up to five hundred (500) square feet of GRFA, occurring after February 6, 2007, where any addition of roof area does not share a plane or ridge with the nonconforming roof, and may only share a valley. The additional roof area shall conform to roofing regulations, and shall be deemed compatible by the design review board. b. Two -Family Structures: Upon reroofing one side of a two-family dwelling, the other side shall be required to be reroofed if the two (2) sides have roof systems that share ridges or planes. Different materials on each side of the two-family dwelling may be permitted by the design review board if the materials are deemed compatible, integral to the architectural style of the structure and share a valley or do not intersect. Developments With Multiple Structures: Upon reroofing a single structure that is part of a multistructure project with conforming roof covering materials that do not match existing materials, the conforming materials shall be deemed compatible with the existing nonconforming materials by the design review board. Upon reroofing of additional structures in the development, the materials shall match the approved conforming materials. Should the matching material no longer be manufactured, a different material may be permitted, should the materials be deemed compatible by the design review board. 2. Applicability: The provisions of this subsection shall apply to new construction, reroofing, utilization of the 250 ordinance, per section 12-15-5 of this code, and all additions except those exempt, per subsection 12-11-3C2 of this code. 3. Roofing Material: The use of any roofing material, including those not specifically identified by this section, shall only be permitted, unless otherwise prohibited by this code, where the design review board finds: a. That the proposed material is satisfactory in general appearance, quality over time, architectural style, design, color, and texture; and b. That the use of the proposed material complies with the intent of the provisions of this code; and c. That the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the town of Vail; and H. Rooftops: Rooftop heating and air conditioning equipment, large vent stacks, elevator penthouses and similar features should be avoided; however, if necessary, shall be designed to be compatible with the overall design of the structure or screened from view of all adjacent properties. Rooftop antennas shall not be permitted unless as allowed under a conditional use review as specified within the zoning code. I. Solar Energy Devices: 1. The intent of these regulations is to facilitate the installation of alternative energy sources in Vail while minimizing visual impacts. Further, these regulations are intended to limit the creation of an elevated perceived roofline by solar energy devices. 2. Solar energy devices should be installed on building facades and roof planes and oriented for energy production, except as permitted by subsection 113 of this section. In Vail, optimal solar energy device orientation for maximized energy production and adequate snow shed is typically achieved by up to a fifty degree (500) orientation. 3. Solar energy devices shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building and site, with some flexibility granted for existing structures. 4. Solar energy devices may be screened to minimize visual impact with a false facade, roof plane or parapet walls integrated into the overall design of the building. 5. Solar energy devices may project not more than four feet (4') into a required setback area. 6. Solar energy devices shall not be included in calculation of building height. 7. Solar energy devices should follow the slope direction of the roof plane upon which it is mounted. 8. Solar energy devices shall project no further from the building facade or roof plane than the minimum distance necessary to achieve up to a fifty degree (500) orientation. No portion of any solar energy device shall project more than eight feet (8') from the building facade or roof plane to which the solar energy device is attached. 9. When mounted to a roof plane with a pitch of three in twelve feet (3:12') or steeper, solar energy devices shall extend no higher than one foot (1') above the ridgeline. 10. When mounted to a roof plane, solar energy devices shall not extend beyond the roof eave. 11. Solar energy device framing, brackets and associated equipment shall be black or a color that matches adjacent building surfaces. No advertising shall be permitted on any solar energy device, framing, brackets and associated equipment. 12. Solar energy devices, framing, brackets and associated equipment shall be maintained and kept in good repair, including repainting when appropriate and other actions that contribute to attractive building aesthetics. 13. Solar energy devices may be ground mounted only when the design review board determines that the design or site planning of an existing structure creates practical difficulties in mounting a solar energy device to a building facade or roof plane to achieve energy production. Cost or inconvenience to the applicant of strict or literal compliance with this regulation shall not create a practical difficulty. Ground mounted solar energy devices shall not be permitted in the required setback area. Ground mounted solar energy devices shall count as site coverage. Site coverage is calculated by measuring the footprint created by vertical projection from the energy devices and associated hardware to the ground. Should ground mounted solar energy devices be adjustable, site coverage shall be calculated for the position that creates the greatest site coverage. Ground mounted solar energy devices shall not exceed eight feet (8') in height above grade. Ground mounted solar energy devices shall be located and screened to minimize visual impact. J. Overhangs: Deep eaves, overhangs, canopies, and other building features that provide shelter from the elements are encouraged. K. Fenestration: Fenestration should be suitable for the climate and for the orientation of the particular building elevation in which the fenestration occurs. The use of both passive and active solar energy systems is strongly encouraged. L. Duplexes: In no instance shall a duplex structure be so constructed as to result in each half of the structure appearing substantially similar or mirror image in design. M. Footings And Foundation: Building footings and foundations shall be designed in accordance with the minimum standards of the adopted building code. Footings and foundations shall also be designed to be responsive to the natural topography of the site, and shall be designed and constructed in such a manner as to minimize the necessary amount of excavation and site disturbance. (Ord. 26(2016) § 2: Ord. 25(2016) § 3: Ord. 5(2011) § 2: Ord. 3(2010) § 3: Ord. 3(2008) § 3: Ord. 3(2007) § 4: Ord., 9-21-1999) 14-10-6: RESIDENTIAL DEVELOPMENT: 0 A. The purpose of this section is to ensure that residential development be designed in a manner that creates an architecturally integrated structure with unified site development. Dwelling units and garages shall be designed within a single structure, except as set forth in subsection B of this section, with the use of unified architectural and landscape design. A single structure shall have common roofs and building walls that create enclosed space substantially above grade. Unified architectural and landscape design shall include, but not be limited to, the use of compatible building materials, architectural style, scale, roof forms, massing, architectural details, site grading and landscape materials and features. B. The presence of significant site constraints may permit the physical separation of units and garages on a site. The determination of whether or not a lot has significant site constraints shall be made by the design review board. "Significant site constraints" shall be defined as natural features of a lot such as stands of mature trees, natural drainages, stream courses and other natural water features, rock outcroppings, wetlands, other natural features, and existing structures that may create practical difficulties in the site planning and development of a lot. Slope may be considered a physical site constraint that allows for the separation of a garage from a unit. It shall be the applicant's responsibility to request a determination from the design review board as to whether or not a site has significant site constraints before final design work on the project is presented. This determination shall be made at a conceptual review of the proposal based on review of the site, a detailed survey of the lot and a preliminary site plan of the proposed structure(s). C. The residential development may be designed to accommodate the development of dwelling units and garages in more than one structure if the design review board determines that significant site constraints exist on the lot. The use of unified architectural and landscape design as outlined herein shall be required for the development. In addition, the design review board may require that one or more of the following common design elements such as fences, walls, patios, decks, retaining walls, walkways, landscape elements, or other architectural features be incorporated to create unified site development. (Ord. 29(2005) § 82: Ord., 9-21-1999) 14-10-7: OUTDOOR LIGHTING:t= A. Purpose: This section establishes standards and guidelines for minimizing the unintended and undesirable side effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose of these standards and guidelines to allow the minimum amount of lighting needed for the property on which the light sources are located, while protecting the legitimate privacy of neighboring properties. The standards and guidelines established in this section are also intended to promote the use of environmentally sensitive and energy efficient lighting technologies, and to promote "dark sky" lighting fixtures and installation techniques to reduce light pollution. B. Applicability: Except as provided elsewhere in this title, the design, placement, and use of all outdoor lighting within the town limits shall conform to the standards and guidelines as set forth in this section. C. Definitions: FULL CUTOFF: Light fixtures that do not emit light above the horizontal plane of the light source LIGHT SOURCE: A single artificial point source of luminescence that emits measurable radiant energy in or near the visible spectrum. LOW DENSITY RESIDENTIAL PROPERTIES: For the purposes of this section, properties with no more than three (3) dwelling units or employee housing units. MULTIPLE -FAMILY AND COMMERCIAL PROPERTIES: For the purposes of this section, those with four (4) or more dwelling units or employee housing units, commercial uses, or mixed uses. OUTDOOR LIGHTING: Any light source, or collection of light sources, located outside a building, including, but not limited to, light sources attached to any part of a structure, located on the surface of the ground, or located on freestanding poles. D. Lighting Regulations: 1. Quantity Of Light Fixtures: The maximum number of outdoor light sources for all properties is subject to the requirements of the adopted building codes and design review. For low density residential properties, the maximum number of light sources per lot shall be limited to one outdoor light per one thousand (1,000) square feet of lot area. Light sources which are no more than eighteen inches (18") above grade, as measured from the top of the fixture to the finish grade below, and are full cutoff fixtures, may be allowed in addition to the total number of permitted outdoor light sources. 2. Height Limits For Light Fixtures: Outdoor lights affixed to a structure shall not exceed the height of the roof eaves. The maximum mounting height for light sources on a pole shall not exceed twenty feet (20'). Full Cutoff: All outdoor lights shall be fully cut off to not emit light above the horizontal plane of the light source. Outdoor lights must be Illuminating Engineering Society (IES) "full cutoff' class, International Dark -Sky Association (IDA) approved, or have similarly recognized verification of being full cutoff. Lights must be installed and maintained in such a manner that the full cutoff is effective. Exceptions: The following outdoor lights may be nonfull cutoff: a. Uplighting fully contained by an overhanging building element that prevents the light from emitting upward to the sky, when the light source is shielded from the sides. b. Uplighting for flags when the light source is shielded from the sides. c. Lights with a gas flame as the sole light source. d. Lights specifically recommended by the Vail comprehensive plan. 4. Lighting Direction: All outdoor lighting shall be directed at the object intended to be illuminated and away from adjacent properties and public ways. Outdoor lights shall be directed downward, unless contained by overhanging building or landscape elements with the light source shielded from the sides. Uplighting is allowed for flags when the light source is shielded from the sides. 5. Energy Efficiency: All outdoor lighting shall comply with the town's adopted energy conservation code. E. Lighting Guidelines: 1. Compatibility: All outdoor lighting fixtures, fixture locations, and the color and intensity on the lighting should be aesthetically compatible with the site and structures on which they are located, the character of the surroundings, and with Vail's environment. Outdoor lighting must also be consistent with any applicable design guidelines outlined in the Vail comprehensive plan. 2. Light Pollution: All outdoor lights should be designed, installed, and maintained to minimize the contribution of outdoor lighting to nighttime light pollution. Examples of low light pollution fixtures are available from lighting manufacturers and organizations such as the International Dark -Sky Association (IDA). 3. Energy Efficiency: Outdoor lighting should use the least number of light sources necessary to achieve the safety and aesthetic purposes for the lighting. Outdoor lighting should utilize energy efficient light sources of the lowest wattage feasible, and utilize energy efficient technologies. Outdoor lighting should also be operated and maintained to eliminate any unnecessary daytime use and to reduce nighttime use during nonbusiness hours and periods of limited residential activity. F. Prohibited Outdoor Lights: 1. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation. 2. Lights affixed to the top of the roof of a structure. 3. Neon, or similar gas filled, lights. 4. Laser source lights. 5. Searchlights. 6. Lights attached to vegetation, except decorative holiday lights. 7. Any lighting that could interfere with the public health, safety, or welfare. G. Exemptions: The standards of this section shall not apply to: 1. Decorative holiday lights. 2. Sign illumination, as set forth in title 11 of this code. 3. Official government lighting, other than those owned and maintained by the town of Vail, installed for the benefit of public health, safety, and welfare. 4. Outdoor lights associated with an approved special events permit. 5. Outdoor lights associated with an art in public places board (AIPP) approved public art display. 6. Temporary construction zone work lighting associated with an approved building permit or design review approval (construction zone security and egress lights are not exempt from the provisions of this section). 7. Lighting identifying hazards or road construction. (Ord. 21(2008) § 1) 14-10-8: LANDSCAPING, DRAINAGE, AND EROSION CONTROL:Z= A. Various natural vegetation zones exist within the Gore Valley as a result of the form and aspects of the land itself. The north facing slopes within the valley are typically heavily wooded with spruce, pine and aspen and generally receive less direct sunlight than the drier south facing slopes which typically consist of sage, aspen and other vegetation tolerant of drier conditions. The valley floor which is adjacent to Gore Creek consists of a wide variety of trees and shrubs adapted to the relatively fertile soil and natural availability of water. The goal of any landscape plan should be to preserve and enhance the natural landscape character of the area in which it is to be located and serve as an aid in fire prevention and protection. The landscape scale and overall landscape design shall be developed so that new vegetation is integral with the natural landscape and the inherent form, line, color and texture of the local plant communities. cipre the The major objective of the landscaping is to help reduce the scale of new structures, to assist in the screening of structures, to reduce the risk to life and structures from the intrusion of fire from wildland fire exposure and fire exposures from adjacent structures, and to mitigate structure fires from spreading to wildland fuels. th-e-The planting of large sized, well spaced plant materials is encouraged. Fire wise plant materials are eRGsUraged-required due to their ability to resist fire. Trees she, i'd shall be maintained through limbing and pruning in order to prevent limbs from being too close to structures and other plant materials. Special care should be taken in selecting the types of plants to use when designing a landscape plan. Final selection should be based upon the soils and climate, ease of establishment, suitability for the specific use desired, ability to deter the spread of fires and the level of maintenance that can be provided. New planting shall use plants that are indigenous to the Rocky Mountain alpine and subalpine zones or are capable of being introduced into these zones. A recommended list of plant materials, some indigenous to the Vail area, is on file with the department of community development. Also indicated on the list are fire wise plant materials which are suitable for planting within the Vail area. The minimum sizes of landscape materials acceptable are as follows: Required trees: Deciduous 2 inch caliper FC 16 foot El Required #5 gallon container shrubs Foundation shrubs shall have a minimum height of 18 inches at time of planting. r � � B. Landscape design shall be developed to locate new plantings in ^rder +„ extend evic+inn edges nr planted in natural looking groups and shall be designed and installed in conformance with the Vail Fire and Emeraencv Services Fire -Resistant Landscaoin guidelines, unless exempted by Section 12-11-3 of this code. °rdrdi+inns nr of less; +h -n 5_00 sq pare feet of Grnec Clnnr 4 rea that are eve mn+ per Cen+inn 14 10- F R of +hie nne orde Oh -a" -;;169 be exeMpt fre-M with th-Vail F='.- and EmeFgeRGY 98p�iGes Resistant aRGIGGapi„n guirdelinec Geometric plantings, evenly spaced rows of trees, and other formal landscape patterns shall be avoided. C. Particular attention shall be given the landscape design of off street parking lots to reduce adverse impacts upon living areas within the proposed development, upon adjacent properties, and upon public spaces with regard to noise, lights, and visual impact. D. All landscaping shall be provided with a method of irrigation suitable to ensure the continued maintenance of planted materials. E. Whenever possible, natural drainage patterns upon the site shall not be modified. Negative drainage impacts upon adjacent sites shall not be allowed. F. Runoff from impervious surfaces such as roofs and pavement areas shall be directed to natural or improved drainage channels or dispersed into shallow sloping vegetated areas. G. Slope of cut and fill banks shall be determined by soil characteristics for the specific site to avoid erosion, and promote revegetation opportunities, but in any case shall be limited to a maximum of two to one (2:1) slope. H. Measures shall be taken to retain all eroded soil material on site during construction, control both ground water and surface water runoff, and to permanently stabilize all disturbed slopes and drainage features upon completion of construction. I. All plants shall be planted in a good quality topsoil mix of a type and amount recommended by the American Landscape Contractor Association and the Colorado Nurseryman's Association. J. All plantings must be mulched with materials as listed in the Vail Fire and Emergency Services Fire -Resistant Landscaping guidelines, unless otherwise exempt per Section 44- 10-5 D 12-11-3 of this code. K. Paving near a tree to be saved must contain a plan for a "tree vault" in order to ensure the ability of the roots to receive air. (Ord. 3(2007) § 5: Ord., 9-21-1999) L. Defensible space shall be created and maintained in an area extending from the perimeter or prosection of the building or structure to a radius of 100 feet or the lot lines, whichever is less. Defensible space and landscaping shall comply with Vail Fire and Emergency Services Fire -Resistant Landscaping guidelines. 14-10-9: FENCES, HEDGES, WALLS, AND SCREENING: Z= A. Placement: The placement of walls and fences shall respect existing landforms and fit into land massing rather than arbitrarily follow site boundary lines. Fences shall not be encouraged except to screen trash areas, utility equipment, etc. B. Design: Design of fences, walls, and other structural landscape features shall be of materials compatible with the site and the materials of the structures on the site. Retaining walls and cribbing should utilize natural materials such as wood timbers, logs, rocks, or textured, color tinted concrete. No chainlink fences shall be allowed except as temporary construction fences or as required for recreational facilities. C. Setbacks Observed: All accessory uses and structures except fences, hedges, walls and landscaping, or ground level site development such as walks, driveways, and terraces shall be located within the required minimum setback lines on each site. Recreational amenities may be exempted by the design review board if it determines that their location is not detrimental environmentally and/or aesthetically. D. Sight Triangle: To minimize traffic hazards at street intersections by improving visibility for drivers of converging vehicles in any district where setbacks are required, no fence or structure over three feet (3') in height shall be permitted within the triangular portion of a corner lot measured from the point of intersection of the lot lines abutting the streets a distance of thirty feet (30') along each lot line. E. Height Limitations: Fences, hedges, walls and landscaping screens shall not exceed three feet (3') in height within any required front setback area, and shall not exceed six feet (6) in height in any other portion of the site, provided that higher fences, hedges, walls or landscaping screens may be authorized by the administrator when necessary to screen public utility equipment. No barbed wire or electrically charged fence shall be erected or maintained. (Ord., 9-21-1999) 14-10-10: ACCESSORY STRUCTURES; UTILITIES; SERVICE AREAS: 0 A. Design of accessory structures upon a site shall be compatible with the design and materials of the main structure or structures upon the site. B. Accessory buildings generally should be attached to the main building either directly or by means of a continuous wall, fepse or similar feature of the same or a complementary material as the main building's exterior finish. C. All utility service systems shall be installed underground. Any utility system the operation of which requires aboveground installation shall be located and/or screened so as not to detract from the overall site design quality. D. All utility meters shall be enclosed or screened from public view. E. Service areas, outdoor storage, and garbage storage shall be screened from adjacent properties, structures, streets, and other public areas by fences, berms, or landscaping. F. Adequate trash storage areas shall be provided. There shall be year round access to all trash storage areas which shall not be used for any other purpose. G. Greenhouses, when permitted, shall be subject to the following standards: 1. All wall and roofing materials shall be constructed of rigid material and shall not include polyethylene or other similar flexible films. 2. All nontranslucent elements including framing and doors shall be painted to be compatible with the site and surrounding buildings. 3. No internal lighting shall be permitted between the hours of nine o'clock (9:00) P.M. and six o'clock (6:00) A.M. Exterior lighting shall comply with section 14-10-7 of this chapter. 4. All greenhouses shall be subject to the development standards for the zone district for which they are located. Greenhouses shall not be used for storage of household items, vehicles, watercraft or other items not associated with the cultivation of food or ornamental crops. H. Hoop houses/cold frames, when permitted, shall be subject to the following standards: 1. Hoop houses/cold frames shall be four feet (4') in height or less and be one hundred twenty (120) square feet or less in floor area. 2. Hoop houses/cold frames shall meet the deck (not ground level) setback requirements as defined in section 14-2-1 of this title and summarized in section 14-8-1 of this title. 3. One hoop house/cold frame shall be permitted per dwelling unit. 4. Hoop houses/cold frames shall be exempt from design review. 5. Hoop houses/cold frames shall not be used for storage of any kind. (Ord. 26(2016) § 3: Ord., 9-21- 1999) 14-10-11: SATELLITE DISH ANTENNAS: t D A. Purpose: 1. To protect the health and safety of the inhabitants of the town by setting forth requirements for the installation of satellite dish antennas. 2. To protect and support the aesthetic concerns of the town, a resort community which must remain aesthetically pleasing to visitors to remain economically viable. 3. To provide the protection set forth in subsections Al and A2 of this section in the least restrictive manner possible. B. Application; Review: Satellite dish antennas shall comply with all the requirements set forth herein. Person or persons wishing to install a satellite dish antenna within the town shall submit an application to the department of community development for review. The application shall set forth the following: 1. Completed design review board application form. 2. Site plan showing proposed location of the satellite dish antenna. 3. Description of the satellite dish antenna (i.e., size, design, materials, etc.). 4. Color sample (if applicable). 5. Landscape plan (if applicable). 6. An improvement location certificate and/or a preliminary title report. 7. Elevations, perspectives or renderings if deemed applicable by the staff of the department of community development. C. Compliance With Requirements: 1. No more than one satellite dish antenna shall be allowed on any lot as delineated on the official town zoning map. 2. The temporary use and/or installation of a satellite dish antenna shall be limited to a maximum period of one day. Only three (3) temporary installations shall be allowed per business or residence per year. 3. The maximum height allowed for any satellite dish antenna, when measured from the top of the satellite dish antenna down to existing or finished grade, whichever is more restrictive, shall not exceed fifteen feet (15'). 4. The maximum size of any satellite dish antenna installed for use by a single residence or business shall be limited to nine feet (9') in diameter. Satellite dish antennas serving multi -family dwellings shall be limited to a maximum of twelve feet (12') in diameter. 5. No advertising, logos or identification shall be allowed on any satellite dish antenna. 6. Satellite dish antennas shall comply with the existing setback requirements of the zone district in which the satellite dish antenna is installed. Satellite dish antennas shall be prohibited in easements and public rights of way. No portion of a satellite dish antenna or its supporting structure shall encroach into the vertical plane as drawn from an existing easement or setback line. 7. Issuance of a building permit from the department of community development shall be required prior to the installation of any satellite dish antenna. 8. Adjacent property owners and owners of dwelling units on the same lot as the applicant shall be notified of any application for the installation of a satellite dish antenna. Notification procedures shall be as outlined in section 12-14-19 of this code. Names and mailing addresses of adjacent property owners and of owners of dwelling units on the same lot as the applicant shall be provided to the department of community development by the applicant. 9. Due to the special aesthetic importance of the core areas of the town, exterior installations of satellite dish antennas in commercial cores 1 and 2 and in Lionshead mixed use 1 and 2 shall be permitted only if screened by some type of enclosing structure. Said structures required to enclose a satellite dish antenna in these areas shall comply with all applicable zoning regulations and shall be architecturally compatible with the existing structure. D. Design Guidelines: It is the purpose of these guidelines to ensure that the visibility of a satellite dish antenna from any public right of way or adjacent properties be reduced to the highest degree possible. It shall be the burden of the applicant to demonstrate how the satellite dish antenna installation complies with these guidelines. The following guidelines shall be used by the design review board in evaluating applications for satellite dish antennas: 1. All wiring and cable related to a satellite dish antenna shall be installed underground. 2. The use of mesh satellite dish antennas is highly encouraged because of their ability to be more sensitively integrated on a site or structure. 3. The use of appropriate colors shall be required to provide for a more sensitive installation when integrating a satellite dish antenna onto a site or structure. Color selection for a satellite dish antenna should be made with respect to specific characteristics on a site or structure. Unpainted surfaces and satellite dish antennas with reflective surfaces shall not be allowed. 4. Locations of satellite dish antennas shall be made so as to ensure that the satellite dish antenna is screened from view from any public right of way or adjacent property to the highest degree possible. In addition to effective site planning, screening a satellite dish antenna may be accomplished through the use of landscaping materials, fencing, existing structures, subgrade placements or other means that both screen the satellite dish antenna and do not appear unnatural on the site. 5. Satellite dish antennas on or attached to existing structures shall be permitted provided the satellite dish antenna is architecturally integrated into the structure. Effective use of color shall be required to ensure compatibility between the satellite dish antenna and existing structure. The use of a mesh material shall be strongly encouraged when attempting to integrate a satellite dish antenna onto an existing structure. 6. Landscaping or other site improvements intended to screen a satellite dish antenna proposed on any application shall be completed prior to the issuance of a building permit to install a satellite dish antenna. A letter of credit equal to one hundred twenty five percent (125%) of the costs of installing landscaping or site improvements may be submitted to the town if seasonal weather conditions prohibit the installation of landscaping or site improvements. All improvements required by the design review board for the purpose of reducing the visibility of satellite dish antennas shall remain in place so long as the satellite dish antennas remain in place unless permission to alter or remove said improvements is obtained from the design review board. All satellite dish antennas and all improvements required by the design review board to reduce the visibility of satellite dish antennas shall be adequately maintained and repaired and shall not be allowed to become dilapidated or fall into a state of disrepair. (Ord. 2(2007) § 10: Ord., 9-21-1999) 14-10-12: COMMUNICATIONS ANTENNAS AND APPURTENANT EQUIPMENT:(t= Communications antennas and any associated appurtenant equipment should be integrated into existing principal buildings and structures. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality. (Ord. 12(2008) § 28) ATTACHMENT F ORDINANCE NO. SERIES OF 2019 AN ORDINANCE AMENDING TITLE 10, CHAPTER 1; TITLE 12, CHAPTER _; AND TITLE 14, CHAPTER _ OF THE VAIL TOWN CODE TO INCORPORATE AND ADOPT, BY REFERENCE, SECTIONS OF THE 2018 EDITION OF THE INTERNATIONAL WILDLAND URBAN INTERFACE CODE. WHEREAS, ...... WHEREAS, ...... WHEREAS, ...... WHEREAS, ...... NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1. Chapter 1 of Title 10 of the Vail Town Code is hereby amended by the addition of the following: 10-1-2: AMENDMENTS TO THE INTERNATIONAL BUILDING CODE The following amendments are hereby made to the International Building Code, 2018 Edition: Chapter 2 DEFINITIONS: Chapter 2 is amended with the addition of the following definitions: "ACCESSORY STRUCTURE. A building or structure used to shelter or support any material, equipment, chattel or occupancy other than a habitable building. CODE OFFICIAL. The official designated by the jurisdiction to interpret and enforce this code, or the code official's authorized representative. FIRE CHIEF. The chief officer or chief officer's authorized representative of the fire department serving the jurisdiction. FIRE -RESISTANCE -RATED CONSTRUCTION. The use of materials and systems in the design and construction of a building or structure to safeguard against the spread of fire within a building or structure and the spread of fire to or from buildings or structures to the wildland-urban interface area. IGNITION -RESISTANT BUILDING MATERIAL. A type of building material that resists ignition or sustained flaming combustion sufficiently so as to reduce losses from wildland-urban interface conflagrations under worst-case weather and fuel conditions with wildfire exposure of burning embers and small flames, as prescribed in Chapter 7A. IGNITION -RESISTANT CONSTRUCTION. A schedule of additional requirements for construction in wildland-urban interface areas based on fire hazard levels. LOG WALL CONSTRUCTION. A type of construction in which exterior walls are constructed of solid wood members and where the smallest horizontal dimension of each solid wood member is at least 6 inches (152 mm). NONCOMBUSTIBLE. As applied to building construction material means a material that, in the form in which it is used, is either one of the following: 1. Material of which no part will ignite and burn when subjected to fire. Any material conforming to ASTM E136 shall be considered noncombustible within the meaning of this section. 2. Material having a structural base of noncombustible material as defined in Item 1 above, with a surfacing material not over 1/8 inch (3.2 mm) thick, which has a flame spread index of 50 or less. Flame spread index as used herein refers to a flame spread index obtained according to tests conducted as specified in ASTM E84 or UL 723. "Noncombustible" does not apply to surface finish materials. Material required to be noncombustible for reduced clearances to flues, heating appliances or other sources of high temperature shall refer to material conforming to Item 1. No material shall be classified as noncombustible that is subject to increase in combustibility or flame spread index, beyond the limits herein established, through the effects of age, moisture or other atmospheric condition. UNENCLOSED ACCESSORY STRUCTURE. An accessory structure without a complete exterior wall system enclosing the area under the roof or floor above. WILDLAND-URBAN INTERFACE AREA. That geographical area where structures and other human development meets or intermingles with wildland or vegetative fuels." Chapter 7A Fire -Resistive Construction: Chapter 7A is added to read as follows.. "CHAPTER 7A FIRE -RESISTIVE CONSTRUCTION SECTION 7A01 SCOPE 7A01.1 General. The provisions of this chapter shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises within the wildland-urban interface areas of the Town of Vail. Exceptions: 1. Additions or alterations less than 500 gross square feet in size. 2. Repair or replacement of less than 25% of a deck surface or structure. 3. Accessory structures not exceeding 120 square feet in floor area where located not less than 30 feet from buildings containing habitable spaces. 4. Agricultural buildings located not less than 30 feet from buildings containing habitable spaces. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this chapter for new buildings or structures. 7A01.2 Objective. The objective of this chapter is to establish minimum regulations consistent with nationally recognized good practice for the safeguarding of life and for property protection. Regulations in this chapter are intended to mitigate the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels. The extent of this regulation is intended to be tiered commensurate with the relative level of hazard present. The unrestricted use of property in wildland-urban interface areas is a potential threat to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to provide adequate fire protection facilities to control the spread of fire in wildland-urban interface areas shall be in accordance with this chapter. This chapter shall supplement the jurisdiction's building and fire codes to provide for special regulations to mitigate the fire- and life -safety hazards of the wildland- urban interface areas. 7A01.3 Additions or alterations. Additions or alterations shall be permitted to be made to any building or structure without requiring the existing building or structure to comply with all of the requirements of this chapter, provided that the addition or alteration conforms to that required for a new building or structure. SECTION 7A02 APPLICABILITY 7A02.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply. Where, in any specific case, different sections of this chapter specify different materials, methods of construction or other requirements, the most restrictive shall apply. 7A02.2 Existing conditions. The legal occupancy or use of any building, structure or condition existing on the date of adoption of this chapter shall be permitted to continue without change, except as is specifically covered in the International Fire Code. SECTION 7A03 COMPLIANCE ALTERNATIVES 7A03.1 Practical difficulties. Where there are practical difficulties involved in carrying out the provisions of this chapter, the code official is authorized to grant modifications for individual cases upon application, in writing, by the owner or owner's authorized agent. The code official shall first find that a special individual reason makes enforcement of the provisions of this chapter impractical, that the modification is in conformance to the intent and purpose of this chapter, and that the modification does not lessen any fire protection requirements or any degree of structural integrity. The details of any action granting modifications shall be recorded and entered into the appropriate permitting files. 7A03.2 Technical assistance. To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to the inspection of the code official, the code official is authorized to require the owner, the owner's authorized agent or the person in possession or control of the building or premises to provide, without charge to the jurisdiction, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official and the owner or the owner's authorized agent, and shall analyze the fire safety of the design, operation or use of the building or premises, the facilities and appurtenances situated thereon and fuel management for purposes of establishing fire hazard severity to recommend necessary changes. 7A03.3 Alternative materials or methods. The provisions of this chapter are not intended to prevent the installation of any material or to prohibit any design or method not specifically prescribed by this chapter, provided that any such alternative has been approved. An alternative material, design or method shall be approved where the building official in concurrence with the fire chief finds that the proposed design is satisfactory and complies with the intent of the provisions of this chapter, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this chapter in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved. SECTION 7A04 SPECIAL BUILDING CONSTRUCTION REGULATIONS 7A04.1 General. Buildings and structures shall be constructed in accordance with this section, unless previously exempted in Section 7A01.1. 7A04.2 Fire -resistance rated construction. Where this chapter requires 1 -hour fire -resistance -rated construction, the fire -resistance rating of building elements, components or assemblies shall be determined in accordance with the test procedures set forth in ASTM E 119 or UL 263. Exceptions: 1. The fire -resistance rating of building elements, components or assemblies based on the prescriptive designs prescribed in Section 721. 2. The fire -resistance rating of building elements, components or assemblies based on the calculation procedures in accordance with Section 722. SECTION 7A05 IGNITION -RESISTANT CONSTRUCTION AND MATERIAL 7A05.1 General. Buildings and structures hereafter constructed, modified or relocated into or within wildland-urban interface areas shall meet the construction requirements in accordance with ignition -resistant construction in accordance with Section 7A06. Materials required to be ignition -resistant materials shall comply with the requirements of Section 7A05.2. 7A05.2 Ignition -resistant building material. Ignition -resistant building material shall comply with any one of the following: 1. Material shall be tested on all sides with the extended ASTM E 84 (UL 723) test or ASTM E 2768, except panel products shall be permitted to test only the front and back faces. Panel products shall be tested with a ripped or cut longitudinal gap of 1/8 inch (3.2 mm). Materials that, when tested in accordance with the test procedures set forth in ASTM E 84 or UL 723 for a test period of 30 minutes, or with ASTM E 2768, comply with the following: 1.1. Flame spread. Material shall exhibit a flame spread index not exceeding 25 and shall not show evidence of progressive combustion following the extended 30- minute test. 1.2. Flame front. Material shall exhibit a flame front that does not progress more than 10'/2 feet (3200 mm) beyond the centerline of the burner at any time during the extended 30 -minute test. 1.3. Weathering. Ignition -resistant building materials shall maintain their performance in accordance with this section under conditions of use. Materials shall meet the performance requirements for weathering (including exposure to temperature, moisture and ultraviolet radiation) contained in the following standards, as applicable to the materials and the conditions of use: 1.3.1. Method A "Test Method for Accelerated Weathering of Fire - Retardant -Treated Wood for Fire Testing" in ASTM D 2898, for fire- retardant -treated wood, wood -plastic composite and plastic lumber materials. 1.3.2. ASTM D 7032 for wood -plastic composite materials. 1.3.3. ASTM D 6662 for plastic lumber materials. 1.4. Identification — materials shall bear identification showing fire test results. Exception: Materials composed of a combustible core and a noncombustible exterior covering, made from=either aluminum at a minimum 0.019 inch (0.48 mm) thickness or corrosion -resistant steel at a minimum 0.0149 inch (0.38 mm) thickness shall not be required to be tested with a ripped or cut longitudinal gap. 2. Noncombustible material. Material that complies with the requirements for noncombustible materials. 3. Fire -retardant -treated wood. Fire -retardant -treated wood identified for exterior use and meeting the requirements of Section 2303.2. 4. Materials meeting the following standards of quality. 4.1. SFM Standard 12-7A-1, Exterior Wall Siding and Sheathing. A fire resistance test standard consisting of a 150 kW intensity direct flame exposure for al 0 -minute duration. 4.2. SFM Standard 12-7A-2, Exterior Windows. A fire resistance test standard consisting of a 150kW intensity direct flame exposure for a 8 -minute duration. 4.3. SFM Standard 12-7A-3, Horizontal Projection Underside. A fire resistance test standard consisting of a 300kW intensity direct flame exposure for al 0 -minute duration. 4.4. SFM Standard 12-7A-4, Decking. A two-part test consisting of a heat release rate (Part A) deck assembly combustion test with an under deck exposure of 80 kW intensity direct flame for a 3 - minute duration and a (Part B) sustained deck assembly combustion test consisting of a deck upper surface burning ember exposure with a 12 mph wind for 40 minutes using a 2.21b (1 kg) burning "Class A" size 12"x12"x2.25" (300mm x 300mm x 57mm) roof test brand. 4.5. SFM Standard 12 -7A -4A, Decking Alternate Method A. A heat release deck assembly combustion test with an under deck exposure of 80kW intensity direct flame for a 3 -minute duration. 4.6. SFM Standard 12-7A-5, Ignition -resistant Material. A generic building material surface burning flame spread test standard consisting of an extended 30 minute ASTM E84 or UL 723 test method as is used for fire -retardant -treated wood. SECTION 7A06 IGNITION -RESISTANT CONSTRUCTION 7A06.1 General. Ignition -resistant construction shall be in accordance with Sections 7A06.2 through 7A06.11. 7A06.2 Roof covering. All roof coverings shall comply with Chapter 15, as amended. 7A06.2.1 Roof valleys. Where provided, valley flashings shall be not less than 0.019 inch (0.48 mm) (No. 26 galvanized sheet gage) corrosion - resistant metal installed over a minimum 36 -inch -wide (914 mm) underlayment consisting of one layer of 72 -pound (32.4 kg) mineral - surfaced, non -perforated cap sheet complying with ASTM D 3909 running the full length of the valley. 7A06.3 Protection of Eaves. Eaves and soffits shall be protected on the exposed underside by ignition -resistant building materials or by materials approved for not less than 1 -hour fire -resistance -rated construction, 2 -inch (51 mm) nominal dimension lumber, or 1-inch (25 mm) nominal fire-retardant-treated lumber or 3/4 —inch (19.1 mm) nominal fire-retardant- treated plywood, identified for exterior use and meeting the requirements of Section 2303.2. Fascias are required and shall be protected on the back-side by ignition-resistant building materials or by materials approved for not less than 1-hour fire-resistance-rated construction or 2-inch (51 mm) nominal dimension lumber. 7A06.4 Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible material. 7A06.5 Exterior walls. Exterior walls of buildings or structures shall be constructed with one of the following methods and all such material shall extend from the top of the foundation to the underside of the roof sheathing: 1. Materials approved for not less than 1-hour fire-resistance-rated construction on the exterior side. 2. Approved noncombustible materials. 3. Heavy timber or log wall construction. 4. Ignition-resistant building materials complying with Section 7A05.2 on the exterior side. Exception: Combustible siding materials not complying with Section 7A05.2 may be used but shall not cover more that 33% of a given wall and shall not be within 5 feet of existing grade. Combustible siding which has a profile that may allow ember intrusion such as wood shake or wood shingle is prohibited. 7A06.6 Underfloor enclosure. Buildings or structures shall have underfloor areas enclosed to the ground with exterior walls in accordance with Section 7A06.5. Exception: Complete enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire-resistance-rated construction or heavy timber construction or fire- retardant-treated wood. The fire-retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2. 7A06.7 Appendages and projections. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall be not less than 1-hour fire-resistance-rated construction, heavy timber construction or constructed of one of the following: 1. Approved noncombustible materials. 2. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2. 3. Ignition-resistant building materials in accordance with Section 7A05.2. 7A06.8 Exterior doors. Exterior doors shall be approved noncombustible construction, Standard solid core wood not less than 1 3/4 inches thick (44 mm), or have a fire protection rating of not less than 20 minutes. Tempered glass doors are permissible. Exception: Vehicle access doors. 7A06.9 Vents. Attic ventilation openings, foundation or underfloor vents, or other ventilation openings in vertical exterior walls and vents through roofs shall not exceed 144 square inches (0.0929 m2 ) each. Such vents shall be covered with noncombustible corrosion -resistant materials with openings not to exceed 1/4inch (6.4 mm),or perforated noncombustible materials with perforations not to Exceed '/4 inch(6.4mm) or shall be designed and approved to prevent flame or ember penetration into the structure. 7A06.9.1 Vent locations. Attic ventilation openings shall not be located in the inner two thirds of soffits, eave overhangs, or other overhang areas. Gable end and dormer vents shall be located not less than 10 feet (3048 mm) from lot lines. Underfloor ventilation openings shall be located as close to grade as practical. 7A06.10 Detached accessory structures. Detached accessory structures located less than 30 feet (15 240 mm) from a building containing habitable space shall have exterior walls constructed with materials approved for not less than 1 - hour fire- resistance -rated construction, heavy timber, log wall construction, or constructed with approved noncombustible materials or ignition resistant building materials in accordance with Section 7A05.2. The fire -retardant -treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2. 7A06.10.1 Underfloor areas. Where the detached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have underfloor areas enclosed to within 6 inches (152 mm) of the ground, with exterior wall construction in accordance with Section 7A06.5 or underfloor protection in accordance with Section 7A06.6. Exception: The enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1 -hour fire -resistance -rated construction or heavy -timber construction or fire- retardant -treated wood on the exterior side. The fire -retardant -treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2. 7A06.11 Spark arrestors. Chimneys serving fireplaces, barbecues, incinerators or decorative heating appliances in which solid or liquid fuel is used, shall be provided with a spark arrester. Spark arresters shall be constructed of woven or welded wire screening of 12 USA standard gage wire (0.1046 inch) (2.66 mm) having openings not exceeding 1/2 inch (12.7 mm). 7A06.11.1 Net free area. The net free area of the spark arrester shall be not less than four times the net free area of the outlet of the chimney." 10-1-3: AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE The following amendments are hereby made to the International Residential Code, 2018 Edition: Section R302.15 Additional fire -resistive construction requirements: Section R302.15 is added as follows: "R302.15 Additional fire -resistive construction requirements. The provisions of Chapter 7A of the International Building Code, as adopted and amended, shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises within the wildland-urban interface areas of the Town of Vail. Exceptions: 1. Additions or alterations less than 500 gross square feet in size. 2. Repair or replacement of less than 25% of a deck surface or structure. 3. Accessory structures not exceeding 120 square feet in floor area where located not less than 30 feet from buildings containing habitable spaces. 4. Agricultural buildings located not less than 30 feet from buildings containing habitable spaces. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this chapter for new buildings or structures." SECTION 2. Chapter _ of Title 12 of the Vail Town Code is hereby amended by the addition of the following: SECTION 3. Chapter _ of Title 14 of the Vail Town Code is hereby amended by the addition of the following: SECTION 4. The Codes adopted and amended by this Ordinance shall be effective for all Building Permit Applications received by the Town of Vail's Community Development Department on or after , 2019. SECTION 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 6: The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. SECTION 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this _ day of , 2019 and a public hearing and second reading of this Ordinance set for the _ day of , 2019 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. David Chapin, Mayor ATTEST: Tammy Nagle, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON THE SECOND READING AND ORDERED PUBLISHED IN FULL this _ day of , 2019. David Chapin, Mayor ATTEST: Tammy Nagle, Town Clerk DEFINITIONS ATTACHMENT G [RB] CLADDING. The exterior materials that cover the sur- through the spread of disease by sewage, industrial fluids or face of the building envelope that is directly loaded by the waste. wind. [RE] CONTINUOUS AIR BARRIER. For the definition [MP] CLEANOUT. An opening in the drainage system used applicable in Chapter 11, see Section N1101.6. for the removal of possible obstruction and located to allow [RE] CONTINUOUS INSULATION (ei). For the defini- for access. tion applicable in Chapter 11, see Section N1101.6. [RE] CLIMATE ZONE. A geographical region based on [1VIP] CONTINUOUS WASTE. A drain from two or more climatic criteria as specified in this code. For the definition similar adjacent fixtures connected to a single trap. applicable in Chapter 11, see Section N1101.6. [RB] CLOSET. A small room or chamber used for storage. [RB] COLLAPSIBLE SOILS. Soils that exhibit volumetric reduction in response to partial or full wetting under load. [MP] COLLECTION PIPE. Unpressurized pipe used within the collection system that drains on-site nonpotable water or rainwater to a storage tank by gravity. [MP] COMBINATION WASTE AND VENT SYSTEM. A specially designed system of waste piping embodying the horizontal wet venting of one or more sinks, lavatories or floor drains by means of a common waste and vent pipe ade- tel ze e aTbe t above the flow e f the drain. [RB] COMBUSTIBLEL. Any material not defined as noncombustib ON provided to fuel -burn- ing equipment including air for fuel combustion, draft hood dilution and ventilation of the equipment enclosure. [MP] CONTROL, LIMIT. An automatic control responsive to changes in liquid flow or level, pressure, or temperature for limiting the operation of an appliance. [MP] CONTROL, PRIMARY SAFETY. A safety control responsive directly to flame properties that senses the pres- ence or absence of flame and, in event of ignition failure or unintentional flame extinguishment, automatically causes shutdown of mechanical equipment. [MP] CONVECTOR. A system incorporating a heating ele- ment in an enclosure in which air enters an opening below the heating element, is heated and leaves the enclosure through an opening located above the heating element. [RB] -CORE. The lightweight middle section of a structural insulated panel, composed of foam plastic insulation, that provides the link between the two facing shells. [RB] CORROSION RESISTANCE.. The ability of a material to withstand deterioration of its surface or its properties where exposed to its environment. [MP] COMMON VENT. A single pipe venting two trap ["I COURT. A space, open and unobstructed to the sky, arms within the same branch interval, either back-to-back or located at or above grade level on a lot and bounded on three one above the other. or more sides by walls or a building. [RB] COMPRESSIBLE SOILS. Soils that exhibit volumet- ric reduction in response to the application of load even in the absence of wetting or drying. [MP] CONDENSATE. The liquid that separates from a gas due to a reduction in temperature; for example, water that condenses from flue gases and water that condenses from air circulating through the cooling coil in air conditioning equip- ment. [MP] CONDENSING APPLIANCE. An appliance that condenses water generated by the burning of fuels. [RB] CONDITIONED AIR. Air treated to control its tem- perature, relative humidity or quality. [RE] CONDITIONED FLOOR AREA. For the definition applicable in Chapter 11, see Section N1101.6. [RE] CONDITIONED SPACE. For the definition applica- ble in Chapter 11, see Section N1101.6. [RB] CONSTRUCTION DOCUMENTS. Written, graphic and pictorial documents prepared or assembled for describing the design, location and physical characteristics of the ele- ments of a project necessary for obtaining a building permit. Construction drawings shall be drawn to an appropriate scale. [MP] CONTAMINATION. A high -hazard or health -hazard impairment of the quality of the potable water that creates an actual hazard to the public health through poisoning or [RB] CRAWL SPACE. An underfloor space that is not a basement. [RE] CRAWL SPACE WALL. For the definition applica- ble in Chapter 11, see Section N1101.6. [RB] CRIPPLE WALL. A framed wall extending from the top of the foundation to the underside of the floor framing of the first story above grade plane. [MP] CROSS CONNECTION. Any connection between two otherwise separate piping' systems that allows a flow from one system to the other. [RB] CROSS -LAMINATED TIMBER. A prefabricated engineered wood product consisting of not less than three layers of solid -sawn lumber or structural composite lumber where the adjacent layers are cross -oriented and bonded with structural adhesive to form a solid wood element. [RE] CURTAIN WALL. For the definition applicable in Chapter 11, see Section N1101.6. [RB] DALLE GLASS. A decorative composite glazing material made of individual pieces of glass that are embedded in a cast matrix of concrete or epoxy. [MP] DAMPER, VOLUME. A device that will restrict, retard or direct the flow of air in any duct, or the products of combustion of heat -producing equipment, vent connector, vent or chimney. 14 2018 INTERNATIONAL RESIDENTIAL CODE®. Solid. A masonry unit with a net cross-sectional area in every plane parallel to the loadbearing surface that is 75 percent or more of its cross-sectional area measured in the same plane. [RB] MEAN ROOF HEIGHT. The average of the roof eave height and the height to the highest point on the roof surface, except that eave height shall be used for roof angle of less than or equal to 10 degrees (0.18 rad). [MP] MECHANICAL DRAFT SYSTEM. A venting sys- tem_ designed to remove flue or vent gases by mechanical means, that consists of an induced draft portion under non - positive static pressure or a forced draft portion under posi- tive static pressure. Forced draft venting system. A portion of a venting sys- tem using a fan or other mechanical means to cause the removal of flue or vent gases under positive static pres- sure: Induced draft venting system. A portion of a venting system using a fan or other mechanical means to cause the removal of flue or vent gases under nonpositive static vent pressure. Power venting system. A portion of a venting system using a fan or other mechanical means to cause the removal of flue or vent gases under positive static vent pressure. [MJ MECHANICAL EXHAUST SYSTEM. A system for removing air from a room or space by mechanical means. DD) MECHANICAL JOINT. 1. A connection between pipes, fittings or pipes and fit- tings that is not welded, brazed, caulked, soldered, sol- vent cemented or heat -fused. 2. A general form of gas- or liquid -tight connections obtained by the joining of parts through a positive hold- ing mechanical construction such as, but not limited to, flanged, screwed, clamped or flared connections. IMP] MECHANICAL SYSTEM. A system specifically addressed and regulated in this code and composed of com- ponents,, devices, appliances and equipment. [] METAL ROOF PANEL. An interlocking metal sheet 'having an installed weather exposure of not less than 3 square feet (0.28 m2) per sheet. '[te] METAL ROOF SHINGLE. An interlocking metal 'sheet'having an installed weather exposure less than 3 square feet (0.28 in) per sheet. IRBlI' ZZANINE. An intermediate level or levels between the floor and ceiling of any story. MODIFIED BITUMEN ROOF COVERING. One or layers of polymer modified asphalt sheets. The sheet gals shall be fully adhered or mechanically attached to ibstrate or held in place with an approved ballast layer: MULTIPLE -STATION SMOKE ALARM. Two or single -station alarm devices that are capable of inter- action such that actuation of one causes all integral or ate audible alarms to operate. DEFINITIONS [RB] NAILABLE SUBSTRATE. A product or material such as framing, sheathing or furring, composed of wood or wood -based materials, or other materials and fasteners pro- viding equivalent fastener withdrawal resistance. [MP] NATURAL DRAFT SYSTEM. A venting system designed to remove flue or vent gases under nonpositive static vent pressure entirely by natural draft. [RB] NATURALLY DURABLE WOOD. The heartwood of the following species with the exception that an occasional piece with corner sapwood is permitted if 90 percent or more of the width of each side on which it occurs is heartwood. Decay resistant. Redwood, cedar, black locust and black walnut. Termite resistant. Alaska yellow cedar, redwood, Eastern red Weste d cedar including all sapwood of esters red c—� [RB] NONCOMBUSTIBLE MATERIAL. Materials that pass the test procedure for defining noncombustibility of ele- mentary materials set forth in ASTM E136. f e eake ads o stairs and of landings at the top of stairway flights. [RB] OCCUPIED SPACE. The total area of all buildings or structures on any lot or parcel of ground projected on a hori- zontal plane, excluding permitted projections as allowed by this code. [MP] OFFSET. A combination of fittings that makes two changes in direction, bringing one section of the pipe out of line and into a line parallel with the other section. [MP] ON-SITE NONPOTABLE WATER REUSE SYS- TEMS. Water systems for the collection, treatment, storage, distribution, and reuse of nonpotable water generated on site, including but not limited to graywater systems. This defini- tion does not include rainwater harvesting systems. [RE] OPAQUE DOOR. For the definition applicable in Chapter 11, see Section NI101.6. [RB] OWNER. Any person, agent, firm or corporation hav- ing a legal or equitable interest in the property. [RB] PAN FLASHING. Corrosion -resistant flashing at the base of an opening that is integrated into the building exterior wall to direct water to the exterior and is premanufactured, fabricated, formed or applied at the job site. [RB] PANEL THICKNESS. Thickness of core plus two layers of structural wood panel facings. [MP] PELLET FUEL -BURNING APPLIANCE. A closed combustion, vented appliance equipped with a fuel feed mechanism for burning processed pellets of solid fuel of a specified size and composition. [MP] PELLET VENT. A vent listed and labeled for use with a listed pellet fuel -burning appliance. [RB] PERFORMANCE CATEGORY. A designation of wood structural panels as related to the panel performance used in Chapters 4, 5, 6 and 8. RESIDENTIAL CODE® 21 W LANDSCAPING _ DEFENSIBLE SPACE y - NON-COMBUSTIBLE �•. � ,�� , LANDSCAPE ZONE• i TYPES OF GROUND COVER 4 STRUCTURAL ELEMENTS ;• '''' T {_ '. LANDSCAPE � MAINTENANCE PROPERTY I SELF ASSESSMENT F '' '• 4 Agog - ,-1 � e •"ti - J 77, mib 01= VAIInk 01 L x �A� + r �. - # FIRE-RESISTANT LANDSCAPING Vail is located in an ecosystem that has adapted to infrequent but severe wildfires. The wonderful views and abundant forests that brought us all to the valley can also be a major threat to our safety and property. Because embers are the leading cause of home ignition during wildfires, all areas of the community are at risk. Residents and property owners can take some simple but effective mitigation steps to ensure that their homes have a greater chance of surviving a wildfire. During a wildfire everything on your property — landscaping, cars and the home itself — has the potential to become fuel for the fire. Fire-resistant landscaping is one step property owners can take to decrease these hazards. A home's defensible space zone starts at the foundation wall and extends out to the property line. If grasses, brush, trees and other common forest fuels are removed, reduced or modified to lessen a fire's intensity and keep fire away from the home, the probability that the home will survive a wildfire is increased. During a wildfire, a home with little or no defensible space may be hard to defend. Firefighters may be forced to choose defending other homes that have better defensible space. LANDSCAPING DEFENSIBLE SPACE A fire-resistant landscaping plan within the defensible space zone can yield a many -fold return of beauty, enjoyment and added property value. While use of native plant materials is generally best, a variety of adapted species will also thrive. Select plants that are more resistant to wildfire. Examples include: Native: Bog Birch, Chokecherry Adapted: Russian Hawthorn, Ginnla Maple, Lanceleaf Cottonwood Other considerations: • Trees and shrubs nearest to your home should be widely spaced with lower heights than those farther away. • Plant in small, irregular clusters or islands. Avoid planting in large masses. • Use decorative rock, gravel and stepping stone pathways to break up the continuity of vegetation and fuels. This can slow the spread of fire across your property. • Incorporate a diversity of plant types and species to minimize loss from pests and disease. • In the event of drought and water ration- ing, focus on maintaining plants closest to your house. • Use organic or inorganic mulches to conserve moisture and reduce weed growth. Do not use pine bark, thick layers of pine needles or other mulches that readily carry fire. Avoid large continuous mulched areas. Be creative! Vary your landscape by including bulbs, garden art and containers. NON-COMBUSTIBLE LANDSCAPE ZONE The first 5 feet outward from a foundation wall or deck is one of the most critical parts of your landscaping for home survivability. • Keep this area free of flammable materials and vegetation. • Use walkways, stone or concrete patios and landscape stone laid over weed barrier. • Well irrigated and maintained grass can be used in this area but is less desirable. 0 Illustration of recommended distances for fire-resistant landscaping Optimum placement of vegetation near a structure includes: A. Mow grass short around shrubs. B. The best tree species to plant generally are those naturally occurring on or near the site. C. Plant low -growing, deciduous shrubs near structures. 04 vailgov.com/fire 1 970.479.2250 -wr D. Plant flowers away from the structure, ensure they are well - irrigated and cut back during the dormant season. E. Keep grass mowed around structure to a maximum of 4 inches. F. Use gravel or short mowed grass next to the structure. L 1111 Shale rocdecomposed 'and granite Loose cobblestone River rock N4•rte X W115ly 'r w Example of good non-combustible landscaping Foliage should be kept at least 10' from structure 05 MULCH • Mulch helps control erosion, conserve moisture and reduce weed growth. Inorganic non-combustible mulch, such as gravel, rock and decomposed gran- ite is preferable for reducing wildfire hazards and will remain more effective if it is laid over a weed barrier. When using organic mulches, such as compost or bark chips, use just enough to reduce weed and grass growth. Avoid thick layers. These thick layers of mulch tend to smolder and are difficult to extinguish when ignited. Choose organic mulches that have a larger chip size such as screened wood chips. An alternative is to use dense finely ground materials such as a garden compost with incorporated woody material. • Avoid using needles from your native pines or conifers. Rake, gather and dispose of them often within your de- fensible space. Never use mulches such as shredded tires around your home. These mulches, once ignited, are very difficult to extinguish and give off toxic fumes. The use of rubber tire mulches are prohibited by town code. Organic shredded bark mulch Non-combustible pea gravel 06 vailgov.com/fire 1 970.479.2250 GRASSES Maintenance of the grassy areas around your home is critical. Given Vail's extremely variable weather, wildfires can occur any time snow does not cover the ground. Tall grass will quickly carry fire to your house. Mow grasses within 30 feet of your home. Avoid mowing areas of ecological sensitivity such as within the stream tract riparian areas. • Keep grasses short closest to the house and gradually increase height outward from the house, to a maximum of 4 inches. This is particularly important during fall, winter and before green -up in early spring, when grasses are dry, dormant and in a "cured" condition. Mow grasses low around the garage, decks, firewood piles, shrubs and specimen trees with low -growing branches. Well maintained grass broken up with non-combustible river rock feature GROUND COVER PLANTS Replace bare, weedy or unsightly patches near your home with ground covers, rock gardens, vegetable gardens and mulches. • Ground cover plants break up the monot- ony of grass and enhance the beauty of your landscape. They provide a variety of textures and color and help reduce soil erosion. • Consider ground cover plants for areas where access for mowing or other main- tenance is difficult, on steep slopes and on hot, dry exposures. • Ground cover plants are usually low growing. They are succulent or have other fire resistant characteristics that make them useful, functional and attractive. When planted in beds surrounded by walkways and paths, in raised beds or as part of a rock garden, they decrease fire spread. • The ideal ground cover plant is one which will spread, forming a dense mat of roots and foliage that reduces soil erosion and excludes weeds. Blue Fescue FLOWER BEDS • Flowers bring variety to a landscape and provide color from May until frost. Plant flowers in widely separated beds within the defensible space zone but away from structures. • Isolate flower beds from each other and from other fuels by using gravel walk- ways, rock retaining walls or irrigated grass areas mowed to a low height. Columbines Blue Salvia Hens and Chickens SHRUBS • Shrubs lend color and variety to the landscape and provide cover and food for wildlife. However, shrubs can add to a property's fuel source by producing flying embers, the leading cause of home ignition during wildfires. Shrubs are a "ladder fuel" — they can carry a relatively easy -to -control fire burning along the ground into tree crowns. Once a wildfire starts to burn into the crowns of the trees, they are difficult, sometimes impossible, to control. • To reduce the fire -spreading potential of shrubs, plant only widely separated low - growing, non -resinous shrubs around the property. • Do not plant shrubs directly beneath windows or vents or where they might spread under wooden decks. • Do not plant shrubs under tree crowns or use them to screen utilities, firewood piles or other flammable materials. • Plant shrubs as individuals or in small clumps apart from each other and away from any trees. Mow grasses low around shrubs. Prune dead or broken stems and remove dead material from shrubs annually. Remove the lower branches and suckers as the shrubs mature. Native Chokecherry 08 vailgov.com/fire 1 970.479.2250 Example of proper non-combustible surface separation Example of unsafe separation between structure and vegetation TREES Trees provide a large amount of available fuel for a fire and can be a significant source of embers if they do burn. • Heat from burning trees can ignite nearby shrubs, trees and structures. • The best species to plant generally are those already growing on or near the property. If your property receives enough moisture, plant deciduous trees such as aspen or cottonwood. These species, even when planted in dense clumps, generally do not burn well, if at all. Remove accumulations of dead leaves close to structures as soon as possible after leaf drop. • If evergreen trees are desired or required, take care in properly locating the trees. Do not plant evergreen trees near struc- tures. Leave plenty of room between trees to allow for their growth. Spacing of trees within the defensible space should be at least 10 feet between the Example of safe ground clearance edges of crowns. On steep ground, allow even more space between crowns. Plant smaller trees initially on a 20- to 25 - foot spacing to allow for tree growth. At some point, you will have to thin your trees to retain proper spacing. • As the trees grow, prune branches to a height of 10 feet above the ground. Do not overprune the crowns. A good rule of thumb is to remove no more than one-third of the live crown of the tree when pruning. Prune existing trees as well as ones you planted. • Some trees (for example, Colorado blue spruce) tend to keep a full crown. Other trees grown in the open may also exhibit a full growth habit. Limit the number of trees of this type within the defensible space. Prune surround- ing trees and shrubs as described above and mow grasses around such specimen trees. �t l y }4f t � Example of tree too close to structure am STRUCTURAL ELEMENTS OF A FIRE-RESISTANT LANDSCAPE When building a deck or patio: • Use concrete, flagstone, rock, pavers, heavy timbers or wood products pressure - treated for fire resistance. Avoid use of untreated wood deck boards. Always clear any debris from below decks, between boards or areas that collect debris. • If your property requires a retaining wall, consider the materials used for construction. Rock or masonry walls are best, but even wooden tie walls constructed of heavy timbers will work. Avoid having landscape timbers tying into the structure. • On steep slopes, consider building steps and walkways around structures. This serves as a physical barrier to fire spread. Example of non-combustible landscaping 10 vailgov.com/fire 1 970.479.2250 Gabian rock wall f Stacked stone r0 ti J! 0 1� 5 •"r _- ••t� TK Ire MAINTENANCE A landscape is a dynamic system that constantly grows and changes. Keep L our landscape maintained year-round o retain its fire-resistant properties. Always keep a watchful eye towards reducing fuel volumes available to fire. Be aware of how quickly plants grow within your landscape and of the chang- es that occur throughout the seasons. • Remove annuals and cut back perennials after they have gone to seed or when the stems become overly dry. • Rake up leaves and other litter as it builds up through the season. W • Mow or trim grasses to a low height within your defensible space. This is particularly important as grasses cure. • Remove plant parts damaged by snow, wind, frost or other agents. • Timely pruning is critical. Pruning not only reduces fuel volumes but also maintains healthier plants by producing more vigorous, succulent growth. Landscape maintenance is a critical part of your home's defense system. Even the best defensible space can be compro- mised through lack of maintenance. PROPERTY SELF ASSESSMENT Your self assessment starts with an overall look at your home site. Certain factors such as: the slope of the area, where your home sits on the hillside, distance between you and your neighbors, and the design of your home greatly influence your risk from wildfires. Items in green indicate a lower risk while items in orange and red indicate high risk factors. Many of these risk factors can not be directly changed, however mitigation actions such as changing/reducing landscaping around your home can reduce the effect of these risk factors. Vail Fire and Emergency Services is available year-round to assist you with any questions or concerns. Contact the Wildland Division at 970.477.3475. INFORMATIONAL General Slope of Area 0-9% 10 -20% 21-30% Homes positioned on a slope or proximity to features that adversely affect wildfire behavior Bottom 1/3 of slope Middle 1/3 of slope Separation of structures that can 30 feet or greater contribute to fire spread/ behavior Architectural styles that contribute omplex roof designs to home ignition BUILT ZONE - The structure itself 20-29 feet Interior corners/ roof dormers YES NO Non-combustible roof materials present Non-combustible siding material present on 75% or more of the structure Deck built with ignition -resistant materials Absence of combustible attachments (i.e. fences, window boxes, accessory buildings) Spark arrestor on chimneys 4" or larger address displayed where it is visible from the road 12 vailgov.com/fire 1 970.479.2250 LEAN, CLEAR AND GREEN ZONE - Within 5 feet of structure Yt5 NU Branches removed from within 10 feet of the structure Leaves, needles and other flammable materials removed from gutter and roof Leaves, needles and other flammable materials removed from on top and beneath decks, steps and overhangs No plants, leaves, needles and other flammable material within 5 feet of structure WILDLAND FUEL REDUCTION ZONE - Within 100 feet of the structure YES NO Grass mowed to 4 inches or less in height within 30 feet of the structure Trees thinned to spacing guidelines on page 9 Shrubs thinned to spacing guidelines on page 8 Flammable brush removed from beneath trees Trees limbed to a minimum of 6 feet above ground (10 feet desired, do not limb more than 1/3 of the total height of the tree) Dead or dying material removed from the lower 10 feet of all trees and bushes ACTIONS TO BE TAKEN TO MAKE YOUR HOME SAFER WAYS WILDFIRE WILL THREATEN YOUR RESIDENCE Vail Fire and Emergency Services has provided this guide as a reference for community members to understand wildfire risks and ways to reduce that risk. Following these recommendations will help your home survive in the event of a wildland fire. For more information, refer to vailgov.com/departments/fire/wildland. Wildfire will threaten your property in three ways: Contact by Flames This type of threat occurs when vegetation and other fuels burning near the house produce flames that come in contact with the home and ignite it. Often it happens when fire burns through a uniform layer of vegetation right up to the house. It is important to reduce wildland vegetation on the property to reduce this threat. Radiated Heat Radiated heat is produced by electromagnetic waves that travel out in all directions from a flame. When a house receives enough radiated heat for a sufficient amount of time, it will ignite. Sometimes radiated heat can burst windows and allow burning embers to enter the house. It is important to construct homes with fire-resistant materials to reduce this threat. Flying Embers More houses burn due to flying embers than any other reason. If fire conditions are right, embers can be lofted high into the air and transported more than a mile. Burning embers can also be carried by wind and fire whirls. If these burning embers land in easily ignitable materials, a new fire can start. Wood shake roofs are especially vulnerable to ember ignition. It is important to remove flammable materials on and near homes such as pine needles, wood piles and shrubs to reduce this threat. 14 vailgov.com/fire 1 970.479.2250 SHRUB SPACING GUIDELINES 0-5 feet from the structure There should be no combustible vegetation in this zone. Water -dependent and irrigated vegetation is acceptable if kept free of dead needles, leaves and debris. 5-30 feet from structure Vegetation in this zone should be limited to single, well -spaced specimen plants. No dead vegetation should exist in this zone. If you decide to allow some flammable brush to remain such as juniper bushes, they must be thinned and maintained to the extent that it cannot transfer fire to the structure or other vegetation. These specimen plants should not be left under the drip line of any overstory trees in this zone. Beyond 30 feet from the structure Flammable brush in this area should be removed from under the drip line of any trees. A good rule of thumb for thinning brush in open areas is to create a distance between shrubs of twice the height. For example, if a shrub is 3 feet high then the distance to the next shrub should be at least 6 feet. This spacing should increase as slope of the lot increases. TREE SPACING GUIDELINES 0-5 feet from the structure No trees or branches should be within this zone. Trees and branches should not touch or overhang the structure. If trees must be kept in this zone they should be limbed up a minimum of 10 feet and be free of dead limbs, needles and leaves. 5-30 feet from structure Afew individual well spaced trees can be kept in this zone. All trees in this zone should be limbed to a height of 10 feet, but never prune branches on more than 1/3 the total height of the tree. 30-100 feet from the structure Trees in this zone should be well spaced and maintained. Trees should be spaced an average of 10 feet from drip line to drip line of the trees. Small clumps of trees can be left if desirable. Treat each clump as if it were a single tree and create spacing between the clumps. All dead and diseased trees in this zone should be removed. A permit is required for the limbing and removal of all trees in the Town of Vail limits. Permits can be obtained from the Community Development Department at 75 South Frontage Road or 970.479.2138. Some content courtesy of CSU Extension 15 --- ��� ................:::ins.rH..�r.rr++�i.r►rr:.:..,r.:.. r� -- �t - JA ' M J tom., �� ; '► air n �e 75 South Frontage Road Vail, Colorado 81657 970.479.2250 1 vailgov.com/fire 0 TOWN F VA 0 Preserve and enhance the natural landscape character while protecting your home from wildfire. A& Aft, LL M ° O O O U 7) (n a) � ° OC 7 U) O N O C a) (D > ° U n (Ln U) CL CL CL O C .(D L > U (D a) Q C O C a) (n C C > m m O d a) '� LL E -O N O O L L U o , C 0 a) 2LU > 7 E2 o w 2 r d' 2 U J Z 0 2> W U m J iL J d' H. . . . . . . . . . . . . . . . . a c m � N n a) � U U U U c Y O aai (n (n U U N n T) it.� N L U U O U W .� a) U) o ami m ° m ° L ° a > iL C L N O° X Q C .> N` E a 30 U .a a 0 =C N O m O O m C (D m C 7 o (D C1 C E a Z U) m W' 0 U> > U U) Z Q U U) W' U) Un J c fq . . . . . . . . . . . . . . . . . . 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U O � LL � (n -c �2 'O O c O O O U 7) o O 7 O )w '� w Y O C a) fn N U C O N UO "p O U L C Q N C C(D .N 'O ON3 QYn QC U(D m N aJOa) dUa) °> U U U E O) (n °O 05> oU .E -° O n O EU > W o mL° m oo LLJ > d W Um JO Z 02LL C> Hm . . . . . . . . . . . . . . . . . . w O W ° o W (n > L r >Lm L O '� L O 0 U U �! — -O > -O -O U O C 'O V a) Z(CD m -° -° L U Z m° N :3 w w (1) (1) E E o L Q o w � .� E> E 7 (� LL 0 p p � 7 >i � w '(C -D U L O� 'C d Y 7 O L U' °_ U U -O E m �O U�2F C U �_ O (D (D 06 C C a) 0) of (D Of O C C � m C' O) O) U U � E C C y m U Cl) U .° — m U a) C U E U O) (n _ > d -0 2 Y 3 C1 C1 O U a) a) O W O O L25 2u) U (D Q) E O a) C C 2 2 Z ?j !L 0- = Z w Z - Z U) o Z m U Z v 2 U) U U Optimal landscap clearana from stru • GRASS - 5' • SHRUBS -10' • TREES - 10' Optimum placement of vegetation near a structure includes: • Mow grasses short around trees and shrubs. • The best tree species to plant generally are those naturally occurring on or near the site. • Plant low -growing, deciduous shrubs closer to the structure and keep evergreen shrubs further away and well spaced. • Plant flowers at least 5 feet away from the structure, ensure they are well irrigated and cut back during the dormant season. • Keep grass mowed around structure to a maximum of 4 inches. However, avoid mowing ecologically sensitive areas around streams • Use gravel or short mowed grass next to the structure. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: September 23, 2019 ITEM/TOPIC: A request for review of a variance from Section 14-6-7, Retaining Walls, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a retaining wall in excess of six (6) feet tall at the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (PEC19-0041) The applicant has requested this item be tabled to October 28, 2019. ATTACHMENTS: File Name PEC19-0041 Public Works Variance Staff Memo 082619.0 Vicinity Map.pdf PEC19-0041 Public Works Retaininq Wall NARRATIVE.pdf PEC19-0041 Public Works Retaininq Wall PLANS.pdf Public Works photos combined PEC19-0041.pdf Geologic Hazards Report.pdf Description PEC19-0041 -Staff Memo Attachment A - Vicinity Map Attachment B - Applicant Narrative Attachment C - Development Plans Attachment D - Site Photos Attachment E - Geologic Hazards Report WA►1A119 Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 26, 2019 SUBJECT: A request for review of a variance from Section 14-6-7, Retaining Walls, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a retaining wall in excess of six (6) feet tall at the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (PEC19-0041) Applicant: Town of Vail Planner: Chris Neubecker I. SUMMARY The Town of Vail is requesting a variance for the construction of a retaining wall in excess of six (6) feet at the rear of the Public Works site located at 1289 Elkhorn Drive/Unplatted. The request is for a retaining wall of up to twenty-two (22) feet tall. The retaining wall will facilitate an expanded use area of approximately 36,500 square feet (0.84 acres) of additional flat development area to provide for future storage needs, and which will also provide for temporary storage of equipment and vehicles during construction of the Streets Department building. II. DESCRIPTION OF REQUEST The applicant is requesting the review and approval of a variance for: • Constructing a new retaining wall up to twenty-two (22) feet tall, which will facilitate expanded storage space for busses and special event equipment The proposed retaining wall is at the rear of the bus barn and Streets Department building. The retaining wall will allow the Public Works Department to use a space that is currently not accessible to vehicles due to a steep slope at the rear of the building. The retaining wall was anticipated in the recently approved Public Works Master Plan approved in April 2019. III. BACKGROUND In April 2019 the Town of Vail received approval for the Public Works Master Plan. The Master Plan provides a summary of the immediate needs and the long term use of the Public Works site within the Town of Vail. The Plan provides a roadmap to guide future development of the site, while helping the Town to understand the possible costs and impacts of future development, and allowing for flexibility in implementation of the Master Plan. The Master Plan identifies the need for additional outdoor storage for special events, bulk storage and an impound lot at the rear of the existing Streets Department building and Bus Barns. The timeframe for the Master Plan is 20 years. The proposed Streets Department building and retaining wall are the first projects that will help to implement the Plan. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code (in part) 12-1-2: PURPOSE.- A. URPOSE: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes.- 1. urposes:1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 2 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. (Ord. 8(19 73) § 1.100) 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. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, "Conditional Use Permits", and by section 12-3-7, "Amendment", of this title. (Ord. 29(2005) § 39: Ord. 8(1973) § 19.100) 12-17-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION: Within twenty (20) days of the closing of a public hearing on a variance application, the planning and environmental commission shall act on the application. The commission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this title, or the commission may deny the application. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. (Ord. 29(2005) § 39: Ord. 8(19 73) § 19.500) 3 12-17-6: CRITERIA AND FINDINGS.- A. INDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance.- 1. ariance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 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. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance.- 1. ariance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons.- a. easons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. (Ord. 29(2005) § 39: Ord. 8(1973) § 19.600) 0 Title 14, Zoning Regulations, Vail Town Code (in part) Title 14 — Development Standards, Vail Town Code 14-1-1: PURPOSE AND INTENT: It is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfare of the community. These rules, regulations, and standards are intended to ensure safe and efficient development within the town of Vail for pedestrians, vehicular traffic, emergency response traffic, and the community at large. The development standards will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the town of Vail. (Ord. 29(2005) § 78) 14-1-5: VARIANCES.- Variances ARIANCES: Variances to the development standards may be allowed when practical difficulties and unnecessary physical hardships inconsistent with the purpose and intent of the development standards exist. Variances from the development standards shall be in accordance with title 12, chapter 17 of this code. The issuance of a variance shall not compromise the safety of a site or structure. (Ord. 29(2005) § 78) 14-6-7: RETAINING WALLS.- A. ALLS: A. General: All retaining walls are reviewed by the design review board or the administrator to determine compatibility to the existing topography and the materials in use. Retaining walls shall not exceed an exposed face height of six feet (6). Within a front setback, retaining walls shall not exceed an exposed face height of three feet (3), unless related to access to a structure constructed on excessive slopes (in excess of 30 percent). Retaining walls associated with a street located within a public right of way or access to an underground covered parking structure are exempt from these height limits, but must be approved by the design review board. Retaining walls shall be located a minimum of two feet (2) from adjacent private property boundaries and should be ten feet (10) from the edge of a public street unless otherwise approved by the town engineer. All retaining walls over four feet (4) in height, measured from the bottom of a footing to the top of wall as per the adopted town of Vail building code, shall be engineered and stamped by a licensed Colorado professional engineer (PE stamp) except in the right of way, where retaining walls over three feet (3) in height, measured in the same manner, shall require a PE stamp. 5 V. VI. VII All retaining walls requiring a PE stamp shall be required to have submitted and approved, prior to building permit release, engineered stamped plans, profiles, sections, details, and engineering analyses and calculations for each wall type as required by the town engineer. At a minimum, unless otherwise directed, the engineering submittal shall include PE stamped plans, and PE stamped typical details with all engineering design parameters and calculated factor of safety provided on the details. Plans and details shall be cross referenced. B. Boulder Retaining Walls: Boulder retaining walls shall comply with all the standards of subsection A of this section. The height listed for retaining walls is the exposed height of either a single or combined height of combination walls. If the batter (slope of the face of the wall) is greater than one to one (1: 1), a PE stamp is required. C. Combination Retaining Walls: A retaining wall should be considered a combination wall if the upper wall falls within a prism defined as starting one foot (1) behind the face of the lower wall at the lowest finished grade line and then back at a 1.5:1 angle from this starting point. The minimum bench of combination retaining walls shall be four feet (4). All combination retaining walls shall have a PE stamp. (Ord. 14(2006) § 6: Ord. 29(2005) § 80: Ord., 9-21-1999) ZONING ANALYSIS /d'.C'.I11M `f81:3s7aI17iT0701Qa Legal Description: Unplatted Lot Area: 17.32 acres / (754,459 sq. ft.) Zoning: General Use (GU) Land Use Designation: Public / Semi -Public SURROUNDING LAND USES AND ZONING Land Use Zoning North: USFS None South: 1-70 None East: USFS None West: Open Space Agricultural and Open Space REVIEW CRITERIA — VARIANCE 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The requested variance will have no impacts on other existing or potential uses or structures in the vicinity. The requested retaining wall will be located at the rear of the Public Works site, behind the existing and proposed buildings. There are no M nearby residential or commercial uses, and the location of the wall cannot be seen from the interstate or from the S. Frontage Road. Staff finds that 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 proposed retaining wall is necessary to attain the objectives of this title without a grant of special privilege. Specifically, one retaining wall of up to 22' tall is necessary to reduce the site disturbance in order to reduce the impact on bighorn sheep winter range. The objective and purpose of Title 12 includes "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." By installing one retaining wall, the applicant is able to reduce the loss of sheep habitat and conserve and enhance the natural environment. Stepping the retaining wall would result in more site disturbance and greater loss of habitat. In addition, the retaining wall and additional storage created will help achieve the following specific purposes of Section 12-1-2, Purpose: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. Staff finds that 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 variance will not impact light and air, distribution of population, or public safety. The proposal will have a positive effect on public facilities and utilities, since the wall will facilitate future development, including future solar panels above the wall, and will improve the ability to provide storage at Public Works. The retaining walls will improve vehicular circulation, and will allow the Town of Vail to improve overall service to the community, including snow removal services. Staff finds that the proposed variance conforms to this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. 7 VIII. ENVIRONMENTAL IMPACTS The administrator has waived the requirement for an environmental impact report (EIR) for this phase of the Public Works site; however, an EIR may be required for future phases of development. An Environmental Impact Report (EIR) is not required by the Vail Town Code until plans are submitted for design review. An EIR may be required in the future when the utility grade solar panels are installed above the retaining wall. The site is currently used for Public Works functions, and the retaining wall will help the Town staff operate more efficiently while minimizing the loss of bighorn sheep habitat. The proposed retaining wall design will result in the removal of 36,500 square feet of previously disturbed land which may be used by sheep for foraging. The proposed wall design results in about 19,000 square feet less disturbance than if the retaining wall were stepped back into the hillside. IX. STAFF RECOMMENDATION The Community Development Department finds that the application meets the required criteria in Section 12-17-6, Criteria; Findings, Vail Town Code, and we recommend the Town of Vail Planning and Environmental Commission approve this application. Motion - Should the Planning and Environmental Commission choose to approve this variance, the Community Development Department recommends the Commission make the following motion: "The Planning and Environmental Commission approves the applicant's request for a variance from Section 14-6-7, Retaining Walls, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a retaining wall in excess of six (6) feet tall at the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (PEC19-0041)" Should the Planning and Environmental Commission choose to approve this variance the Community Development Department recommends the Commission make the following findings: Findings: 'Based upon the review of the criteria outlined in Section VII of the staff memorandum to the Planning and Environmental Commission dated August 26, 2019, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The granting of this variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the General Use (GU) District. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons.- b. easons: 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 General Use (GU) District." X. ATTACHMENTS A. Vicinity Map B. Applicant Narrative C. Development Plans from Victor Mark Donaldson Architects, July 25, 2019 D. Site Photos E. Geologic Hazards Report, H -P Kumar, November 6, 2018 9 C: L- 0 i W T 0) W N N E Q N n U >O U O O E Y (D Q M 'O L M 0 O O m N CD 0 cu � � U N d 00 ❑ ❑ O ATTACHMENT B - APPLICANT NARRATIVE PEC 19-0041 Vail Public Works Variance Application Section 14-6-7 Project Narrative Site Shoring Walls Planning & Environmental Commission: The following narrative describes the background, purpose and details for Variance Application Request for the Permanent Site Shoring Wall at the Public Works Facility. The Proposed wall in accordance with the approved Updated Master Plan for the Public Works is proposed to be a single wall ranging approximately 20'-0"- 22'-0" tall. Per Section 12-17-6 of the Town of Vail Municipal Code the following will be considered by the Planning and Zoning Commission: 1. The relationship of the requested Variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among site in the vicinity, or to attain the objectives of this title without grant of a special privilege. 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. 4. Such other factors and criteria the commission deems applicable to the proposed variance. The Commission will need to make the necessary findings in order to approve this Variance. 1. That granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the some zone district. This is property is in the General Use Zone District and as such is intended to provide sites of public and quasi -public uses. Each specific project (or use) requires unique development standards necessary to achieve the purposes of 12-1-2 of the Zoning Code and provide for public welfare. "The General Use District is intended to ensure Public Buildings and grounds are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses and in the case of buildings and other structures, to ensure light, air, open spaces, and other amenities appropriate to the permitted use type. " Due to the unique nature of the General Use Zone district, allowing a variance from section 14-6-7 for retaining walls would not constitute a special privilege inconsistent with other properties in this zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The proposed wall is located behind the existing Public Works Facility building, which is behind a heavily landscaped berm, which is behind interstate 70. The isolated nature of the site from other properties and the screening of the existing building and berm of the wall makes the proposed wall not detrimental to the public, welfare, or materially injurious to properties in the vicinity. 3. The Variance is warranted for one of more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in a practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. As this property is within the General Use zone district and its purposes is to provide facilities that achieve the purpose in section 12-1-2 of the zoning code, this variance will allow the Public Works Facility to better function to continue to provide services to the Town of Vail. A strict interpretation would cause the proposed wall to be an additional 10'-0" higher, thereby no longer being screened by the existing buildings. A strict interpretation would cause the drainage issue for future structures that may be placed in front of this wall as part of the adopted Master Plan. A strict interpretation would cause an additional 20'-0 - 25'-0" of horizontal disturbance to the natural hillside. A single vertical wall limits the disturbance both horizontally and allows for soil nailing to construct the wall which is the least impactful wall to construct this retaining wall. A strict interpretation would cause greater impact on the Bighorn Sheep as it further moves the disturbance into and up the hillside which pushes future solar panels further up the hillside. Attached to the application is a diagram showing the effect of a strict interpretation on the site of stepping the proposed wall. This is illustrated on Sheets AS 1.3 and A3.3. 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 some zone district. This isolated site is for the purposes of providing services to the Town. Due to the steepness of the hillside, a large portion of this site (more than 501) is not practically useable. This wall is intended to provide additional area for use on the site, while minimizing the impact on the natural areas to achieve this additional area. c. The strict or literal interpretation an enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. As this is the General Use District it is intended for sites with unique needs and functions and as such each General END NARRATIVE. 0 0000 o0 0 0 L9919 00 'I I VA =ooh 0 3nIa0A3llVA IIVA 60£l SASOM 3118nd o�N s m IIVA =10 NMOl U � v i o o C15 Q UC7 m w Z = w z x __-_ o - waw F o5oa U w K O oo�o L9919 00 '1IVA o 3AIN0 A3llVA I IVA 60£l — zp vii SASOM anand W o s m IIVA,O NMOL - N w 0 0000 o0 0 0 L9918 00'IIVA oo 3nIa0 A3IIVA IIVA WCC, SASOM 3118nd s m IIVA IO NMOL � o � > 3 m 0 0000 o0 0 0 m L9919 00 'I I VA oo 3nIN0 A3IIVA IIVA 60£l SASOM 3118nd s m IIVA IO NMOL K j > 3 m o � m M �a fi Ww I Wkq4 ■ jej k r r r -1 l :r L ..L _� Ate % .. tkw .. •:-fir �, �1 � Tom. -t • rti�" .1 �• r. r 1 • f • • L.' k r r r -1 l :r L ..L _� Ate i I� W: I T� 4 ,+ ' it'l I itP� .? - •rt J i yl-Im ."_ dl r , + IN. 1 ';i Ls Jti i IN r I IN IN �� r� ,� r= , t r ti NO � r � + �r •�' �• �r it � ti L-�' ;.3 N i '1 ATTACHMENT E - GEOLOGIC HAZARDS REPORT H5020 P �:KUMAR County Road 154 Glenwood Springs, CO 81601 Geotechnical Engineering I Engineering Geology Phone: (970) 945-7988 Materials Testing I Environmental Fax: (970) 945-8454 Email: hpkglenwood@kumarusa.com Office Locations: Parker, Glenwood Springs, and Silverthorne, Colorado GEOLOGIC HAZARDS REVIEW PROPOSED TOWN OF VAIL PUBLIC WORKS FACILITY DEVELOPMENT 1309 ELKHORN DRIVE, VAIL EAGLE COUNTY, COLORADO PROJECT NO. 18-7-606 NOVEMBER 6, 2018 PREPARED FOR: VICTOR MARK DONALDSON ARCHITECTS ATTN: MARK DONALDSON P.O. BOX 5300 AVON, COLORADO 81657 markd(avmda.com TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY........................................................................................ 1 PROPOSED DEVELOPMENT.............................................................................................. - 1 SITECONDITIONS.................................................................................................................... 1 PROJECTAREA GEOLOGY.................................................................................................... 2 GEOLOGIC HAZARDS ASSESSMENT..................................................................................- 3 RECOGNITION...................................................................................................................... 4 IDENTIFICATION................................................................................................................. - 4 EVALUATION........................................................................................................................ 4 RockfallSource Zone........................................................................................................... 5 RockfallPaths...................................................................................................................... 5 RockfallRunout Zone..........................................................................................................- 6 CRSPMODELING................................................................................................................ - 6 ModelInput Information..................................................................................................... - 7 ModelOutput Information................................................................................................... 7 ROCKFALL RISK EVALUATION...................................................................................... - 8 ROCKFALL MITIGATION CONCEPTS.................................................................................- 8 RECOMMENDATIONS........................................................................................................... 10 LIMITATIONS.......................................................................................................................... 10 REFERENCES.......................................................................................................................... 11- FIGURE 1- FIGURE 1 — PROJECT SITE LOCATION FIGURE 2 — ROCKFALL MATERIALS AND ZONES FIGURE 3 — PROJECT AREA GEOLOGY FIGURE 4 — SITE PLAN Project No. 18-7-606 PURPOSE AND SCOPE OF STUDY This report presents the findings of a geologic hazards review of the proposed development of the Town of Vail Public Works Facility, 1309 Elkhorn Drive, Vail, Eagle County, Colorado. The purpose of our study was to assess the potential impacts of geologic hazards on the proposed development at the project site. The study was conducted in accordance with our proposal for geological engineering services to Victor Mark Donaldson Architects dated September 26, 2018. A field reconnaissance of the project site was made on October 3, 2018 to observe the geologic conditions and collect information on the potential geologic hazards present at the project site. In addition, we have reviewed relevant published geologic information and looked at aerial photographs of the project area. Colorado Rockfall Simulation Program (CRSP) analysis was performed to assess potential rockfall paths, velocities, energies, and bounce heights for mitigation design. This report summarizes the information developed by this study, describes our evaluations, and presents our findings. PROPOSED DEVELOPMENT The proposed development is in the preliminary design phase. Our understanding is that the existing Town of Vail Public Works facility will be remodeled and additions made to the north side of the building. It is proposed that the existing cut slope on the north side of the parking/drive area to the north of the existing building will be modified and the cut extended into the hillside to create additional space in the parking area. The existing snow dump area is proposed to be expanded to the west. SITE CONDITIONS The project site consists of developed and vacant land located at 1301 Elkhorn Drive, north of Interstate 70, at the southern base of the Vail valley side. The project site is made up of two parcels of land covering a combined area of 20.96 acres. The White River National Forest borders the site to the north. The site is just north of Interstate 70 as shown on Figure 1 and about I mile east-northeast of Vail Town Center. Elkhorn Drive ends within the property. Steep Project No. 18-7-606 -2 - slopes of the Vail valley side rise to the north. An old ditch/berm feature and un -maintained two -track road follows the north property line above the existing cut slope. The site lies mostly on gently sloping terrain down to the south at the transition to the higher elevation south -facing, steep valley side. The proposed development site lies at an elevation of between around 8,260 and 8,340 feet. The source zones of potential rockfall at the site lie at an elevation of between around 8,630 and 8,860 feet. The source zones of potential rockfall are within the White River National Forest boundary. The existing topography is depicted by the three-dimensional surface on Figure 2. The slope across the proposed development site is about 2 to 5 percent in the lower parking and existing building area and around 50 percent in the existing cut slope area. To the north of the project site, directly above the proposed development area, the south -facing valley side has a fairly uniform slope of about 65 percent. Vegetation on the south -facing valley side is native grass, cactus, and scrub oak. Vegetation in the debris fan area consists of native grass and weeds with scattered scrub oak, and scattered sage brush. The old ditchiberm feature does not appear to be maintained. The ditch/berm structure is currently relatively free of debris. Scattered rocks of up to 2'/2 feet in diameter are present along the entire ditch/berm. PROJECT AREA GEOLOGY The main geologic features in the project area are shown on Figure 3. This map is based on regional mapping by Kellogg and Others (2003) published by the United States Geological Survey. The project site lies along the axis of the Laramide-age north -south trending Spraddle Creek Fold. Formation rock in the area consists of the Pennsylvanian -age Minturn Formation middle member (Pmm), the Robinson Limestone Member (Pmr), and the lower member (Pml). The lower member consists of arkosic conglomerate, sandstone, siltstone, and shale that is pinkish - gray to grayish -brown. The Robinson Limestone Member is a fossiliferous medium to thick bedded marine limestone interbedded with light tan arkosic pebbly sandstones, siltstones, and shales. The middle member consists of arkosic conglomerate, sandstone, siltstone, and shale that is pinkish -gray to grayish -brown. The bedding dip of the formation rock in the vicinity of the Project No. 18-7-606 -3 - project site is variable and ranges from around 20 to 25 degrees toward the east to 40 to 60 degrees toward the west (Kellogg and Others, 2003). Surficial deposits in the area include upper Pleistocene -age Pinedale glacial till (Qtp), middle Pleistocene -age Bull Lake glacial till (Qtb), and recent landslide deposits (Qlsy). The Pinedale glacial till consists of sub -angular to sub -rounded gneiss cobbles and boulders in a light tan sandy matrix that is unsorted and unstratified. The Bull Lake glacial till consists of material similar to that of the Pinedale till but also contains sandstone, conglomerate, or limestone cobbles and boulders derived from the Minturn Formation. The recent landslide deposits consist of debris deposited by recent landslides that is unstratified and unsorted. The landslide to the northeast of the project site is active and is a deep rotational slide with shallow soil slumping near the surface (Kellogg and Others, 2003). Kellogg and Others (2003) also state that rockfall is a geologic hazard in portions of the quadrangle, especially in areas below steep slopes and cliffs formed by the Robinson Limestone Member of the Minturn Formation. The recognized rockfall deposits described by Kellogg and Others (2003) can be observed on this site. The slopes above the property where these processes initiate have measured slope angles ranging from 60 to 100 percent. Heavy rains at this location can be accompanied by rockfall. Rockfall deposits were observed adjacent to and on the property. GEOLOGIC HAZARDS ASSESSMENT Geologic hazards potentially impacting the project site consist of rockfall, debris flow and potentially unstable slopes. Rockfall from the outcrops above the site on the valley side appears to be moderate to high risk. There is a small debris basin and associated channel upslope of the east part of the proposed development, north of the existing berm. The existing berm/channel outlets along the western edge of the existing Public Works office building. The potential for unstable slopes appears to be low to moderate and mainly at the existing cut slope to the north of the existing parking/roadway area. We should review the grading plans for the project once they Project No. 18-7-606 have been developed and perform additional stability and rockfall analyses as needed for the areas of proposed new development RECOGNITION There is evidence of a rockfall hazard at the property. This hazard involves loose rocks along the slope rising above the property to the north and fractured blocks of Minturn Formation exposed in cliff faces and ridges above the site. Evidence of the extent of the hazard within the property may have been obscured by the existing development. We reviewed historic aerial photographs of the property dating back to 1999, the oldest aerial photographs readily available for the site. Several rocks were found in the area along the existing berm and un -maintained two -track road to the north of the existing cut slope. These rocks ranged in size from around 1 to 4 feet in all dimensions and mainly consisted of angular limestones and sandstones of the Minturn Formation. IDENTIFICATION The majority of the rockfall evident adjacent to the property comes from rolling and bounding loose rock. The initiation force may be a combination of loss of support for the loose rock due to precipitation events, freeze thaw cycles, chemical weathering (disintegration of the rock mass), and plant and animal influences. Wind also may be a contributing factor. Other rockfall may result from planer or toppling failures within the large rock masses with open fractures. Based upon the apparent erosion of soil supporting loose rock during heavy rainfall, destabilization of the loose rock could occur during times of high precipitation. EVALUATION Evaluation of the project site for rockfall included field observations, terrain analysis, aerial photograph interpretation, and rockfall simulation modeling using the Colorado Rockfall Simulation Program (Crsp3D version 2012.12.12.23.37). The evaluation focused on three zones defined within the area. These included: 1. Rockfall Source Zone 2. Rockfall Paths 3. Rockfall Runout Zone Project No. 18-7-606 -5- A map showing potential rockfall hazard areas is presented in Figure 2. The potential hazard consists of a rockfall source zone, a rockfall runout zone, and an area of potential rockfall paths between the source zone and the runout zone. The project site is located in the potential runout zone as shown on Figure 1. Rockfall Source Zone The majority of rocks presently posing a hazard to the proposed development are located at the rock outcrop located approximately 560 feet up the slope and along the ridge to the northwest of the proposed development area about 400 to 1000 feet up the slope. The source zones are primarily intact sandstone, conglomerate, and limestone that exhibit varying degrees of weathering and fractures. There are loose rocks littering the slope below the outcrops that have rolled to their present location. In our opinion, most of these lower, loose rocks do not pose a significant rockfall hazard. This is due to their lower location on the slope. It is unlikely that these lower, loose rocks will develop significant kinetic energy should they roll down the slope. The exception to this is the loose rocks in the vicinity of the outcrops that can be dislodged and are higher up on the slope. There is one very large boulder above the middle of the proposed development at around elevation 8,436 feet that appears currently stable. Rockfall Paths The mechanism of rockfall at this location involves rolling, toppling, and/or sliding of loose rock from the source zone. Once moving, the rock rolls and bounces through the rockfall path zone until it stops in the rockfall runout zone. The rockfall path zone above the proposed development area extends from the base of the slope to the ridge and outcrop above. Rocks roll, topple, and/or slide varying distances from the source zone. Some rocks are stopped in the source zone after initial movement. Other rocks stop varying distances down the slope. The rocks that stop movement in the source zone and on the slope lose speed and kinetic energy through contact with the ground surface, other rocks, vegetation, or a combination of these. It is likely that some rocks have rolled and bounced through the rockfall path zone, impacting the flatter ground at the base of the slope. We are unaware of direct evidence that rocks have Project No. 18-7-606 impacted the existing facility, however, the grading north of the west end of the facility has cut into the deposit formed in part by falling rock. Rockfall Runout Zone The rockfall runout zone evaluated for this study is defined as the area of ground at the ditch/berm and two -track road and south into the area of the proposed development. This area has been impacted by falling rock in the past as can be observed by the boulders adjacent to the ditch/berm. In our opinion, the existing ditch/berm feature should not be considered effective rockfall mitigation for the proposed development. Rockfalls will decelerate, lose kinetic energy, and eventually stop in this zone. Velocities of potential rockfalls are decreasing significantly at this location. This has significant advantages when considering mitigation options. These options are discussed in following sections. CRSP MODELING The Colorado Rockfall Simulation Program (Crsp3D version 2012.12.12.23.37) was used to assist in our assessment of the potential rockfall risk to the proposed project and to develop rockfall dynamic information that may be used to assess the feasibility of rockfall mitigation. Crsp3D is a computer program that simulates rockfall tumbling down a slope and predicts the probability distribution of rockfall runout, velocity, bounce height, and kinetic energy. The program takes into account slope profile, rebound and frictional characteristics of the slope, and rotational energy of the rocks. The program was not designed to identify rockfall hazard but to determine mitigation techniques where the hazard has been identified. The program is a tool commonly used in analysis and mitigation of rockfall hazards. We have simulated rockfall at the project site using Crsp3D. Our calibration of the model to site conditions began with observations of rockfall conditions at the site as described in previous sections of this report. We created a model that reflects the types of rocks found adjacent to the property that we believe resulted from rockfall events. The model was further refined by measurements of the slope and of loose rocks found within the rockfall source zones, rockfall path zones, and rockfall runout zones. Our model was back -calculated from the conditions at the Project No. 18-7-606 7 - site. The conditions at the property provide reasonable criteria for generating rockfall models that we believe represent the actual rockfall conditions. The purpose of modeling the rockfall events at the site is to evaluate engineering properties of the rockfall events that can be used in developing alternatives for mitigation of the potential rockfall hazard. These properties include velocity, bounce height, and kinetic energy of the rocks. Feasibility of rockfall mitigation concepts can be evaluated from these properties. Model Input Information A surface derived from a 2018 LiDAR survey of the area was used to input terrain information into Crsp3D. Model output probability distributions were calculated based on 99 independent rockfall trials of sphere -shaped rocks, randomly varied between a 3.10 and 8.00 -foot diameter. These blocks are similar to rocks ranging from a 2,500 -pound rock that is approximately a cube with a side length of 2.5 feet and a 44,000 -pound rock that is approximately a cube with a side length of 6.44 feet. The rock block sizes are based on observations of rocks found in the runout zone at the project site and the approximate spacing of fractures in the source zone. Model Output Information The results are presented in Table 1. We analyzed the results of our rockfall model at one point, the crest of the ditch/berm and along the lower edge of the two -track trail above the proposed development area, see Figure 4. We also calculated the rockfall dynamic probability distribution at this location. The engineering results of the modeling are given in the following table for a 2% exceedance probability. The bounce height is to the centroid of the rock block. The rockfall dynamic probability distribution may be used to assess the feasibility of rockfall mitigation. Table 1 Engineering Results from CRSP Point Evaluated Velocity ft/s (m/s) Bounce Hight ft (m) Kinetic Energy ft -lb (U) Point 1 22(6.7) 2.5 (0.8) 350,000 (470) Project No. 18-7-606 ROCKFALL RISK EVALUATION Rockfall is an active geologic process in the lower part of the Vail valley side to the north of the project site. Without long term observations, it is not possible to develop recurrence probabilities for rockfalls from the source zones at the project site with high levels of confidence but seems reasonable to infer that rockfalls from these source zones are infrequent. The Crsp3D modeling shows that if a rockfall were to occur during a reasonable exposure time for the proposed development, it is possible that the rockfall would reach the proposed development areas shown on Figures 2, 3, and 4. Based on our current understanding of the rockfall potential, we characterize the risk that a rockfall will reach the proposed building areas to be moderate to high. If a rockfall were to hit the proposed buildings, the consequence would likely be severe and could cause major structural damage and harm the building occupants, and the feasibility of rockfall mitigation should be evaluated. ROCKFALL NHTIGATION CONCEPTS There are three approaches to rockfall mitigation that are typically used within the area. 1. Meshing, bolting, and/or shotcreting of the entire rock outcrop in the source zone. 2. Stabilization or scaling of individual rock blocks in the source zone. Installation of a rockfall barrier/catchment area (rigid MSE wall, soil berm, or flexible fence) in the runout zone. The rockfall source areas are beyond the property boundary to the north. We do not know if the White River National Forest would allow mitigation of the loose rocks within the property. Stabilization methods for the entire outcrop could include anchored mesh and/or shotcrete stabilization. Stabilization methods for individual rock blocks in the source zone could include cable lashing, bolting, and scaling. Stabilizing the entire rock outcrop in the source zone would likely be the most intrusive and expensive option. The shotcrete and/or mesh would be highly visible from below, and would Project No. 18-7-606 require a large amount of stabilization material. Due to the large area of outcropping rock in the source zone, this option does not appear to be feasible. Stabilization of individual rock blocks is more cost effective than stabilizing the entire rock outcrop. This option mitigates the release of large rocks from the source zone but does not mitigate the release of smaller rocks due to severe weather, animal traffic, or rodent undermining. Due to ongoing natural erosion and animal traffic, this mitigation would need to be evaluated annually to adapt to the natural changing conditions. Individual stabilization typically costs between 5% and 50% of the cost of stabilizing the entire rock outcrop based on the amount of individual rocks needing to be stabilized. Based on our field observations it is estimated that the cost of initial individual rock block stabilization at this site will be between around $400,000 to $800,000. Rock scaling at this site does not seem feasible due to the existing development (including Interstate 70) downslope from the source zone In our opinion, a practical protection method would be an MSE wall or a flexible rockfall barrier and catchment area extending above the proposed development, in the area of the existing ditch/berm and two -track road, just to the north of the proposed cut -slope. This protection method would be around 1,000 to 1,500 linear feet. MSE walls typically cost between $35 and $40 per square foot of wall (length x height), or between around $210,000 and $360,000 for this site. A soil berm could be constructed with imported and/or on-site excavated material with a near vertical up slope face such as stacked boulders. The cost of the soil berm would depend on excavation costs and the availability of on-site material. A flexible rockfall barrier can be located approximately at the northern property boundary which should not impact the property to the north. The installation cost of a flexible barrier is typically around $110 per linear foot or between around $110,000 and $165,000 plus material and grading costs for this site. The flexible fence option will provide better protection from large and small rocks for the proposed buildings than stabilization of individual rock blocks, and will likely remain relatively maintenance free for several years after installation. The flexible barrier will likely be visible from the proposed development, but much less from the surrounding Project No. 18-7-606 -10 - community. A range of colors of flexible barrier are available to help minimize the visual impact of the fence. RECOMMENDATIONS Based on the CRSP analysis and our observations at the site, rockfall mitigation is recommended. In our opinion, a flexible rockfall barrier (Option 1) or MSE wall/soil berm (Option 2) with a catchment area uphill of it located in the area of the existing ditch/berm and two -track trail will be an effective mitigation. A flexible rockfall barrier will have the lower amount of visual impact and will require a limited amount of space to construct. The modeled energies and bounce heights for a 2% exceedance probability from the source zone are around 350,000 foot-pounds (470 U) and 2.5 feet (0.76 m), respectively. The modeled energies and bounce heights associated with rockfalls from these zones are presented above in Table 1. Based on these modeled energies and bounce heights, the barrier would need to be around 7 feet (2.1 lm) tall with a strength of 420,000 ft -lb (570 kilojoules). We recommend that a 3 meter (9.9 foot) tall Geobrugg GBE-1000A-R system (or equivalent) or suitable MSE wall or soil berm with catchment area designed by a qualified civil engineer be installed along the existing two - track road, for mitigation of the potential rockfall at the site. A soil berm with catchment area may also reduce the risk of damage due to debris flow at the subject site. If a flexible barrier option is chosen, the existing berm should be extended by approximately 200 feet to the west to intercept possible debris flow paths and the outlet improved so as to not direct flow toward the existing public works office building or existing employee housing building. This berm should be designed by a qualified Civil Engineer to account for design debris flow volumes and velocities. LIMITATIONS This study was conducted according to generally accepted geotechnical and engineering geology principles and practices in this area at this time. We make no warranty either express or implied. The conclusions and recommendations submitted in this report are based on our field observations, aerial photograph interpretations, published regional geology information, the currently proposed development plan, and our experience in the area. Our analysis was Project No. 18-7-606 -11 - conducted 11 - conducted to model a reasonably accurate indication of rockfall behavior at this location. The results are thought to be representative of conditions observed at the property and the slope and ridge above. Variations in the model resulting from additional observations and information should be expected. This report has been prepared exclusively for our client and is an evaluation of the geologic hazards and their potential influence on the proposed development. We are not responsible for technical interpretations by others of our information. 152315"MMN Robert L. Duran, E.I. Reviewed by: Steven L. Pawlak,' RLD/ksw cc: Town of V, Town of Vail — Greg Hall (ghall @ vailgoy.com) Martin -Martin — Mark Luna (MLuna@martinmartin-mtn.com) Victor Mark Donaldson Architects — Chris Juergens (chrisj @ vmda.com) REFERENCES Andrew, R., and Others, 2012, CRSP-3D User's Manual - Colorado Rock/all Simulation Program, Version 2012.12.12.23.37 (manual and software): Federal Highways Administration Report No. FHWA-CFL/TD-12-007. Jones, C., Higgins, J., and Andrew R., 2000, Colorado Rock -Fall Simulation Program, Version 4.0 (manual and software): Colorado Geological Survey MI 66. Kellogg, K.S., Bryant, Bruce, and Redsteer, M.H., 2003, Geologic Map of the Vail East Quadrangle, Eagle County, Colorado: U.S. Geological Survey, Miscellaneous Field Studies Map MF -2375 Project No. 18-7-606 'k ' ! A 4 r ' 49 do' k f {`• rte: _ . �' 7 t+ 4 1 ' * t S y' f4 1 40 b - •-� _ * r 100 0 100 200 300 400 ft 18-7-606 Kumar & Associates Project Site Location Figure 1 I+ Source (Upper) ❑ ❑ ❑ Paths (Lower) ❑ ■ Runout 18-7-606 H-P - U MAR ROCKFALL MATERIALS AND ZONES Figure 2 i' Ilk TTI [T] 1 _ 45 A-mil. 20 26 25 Is I� ' • ' 5ti ` . — t#rte it .• +.± - Qtp '* +f PROJECT '� . r R •' SITE E . -M s Awt'I. f'•lih 1'. l -_ .fJ ��' ,y r • �II MTCY.LJ Ik7- • i y '. Y lekj a • fifi {{� 4 r� • y 1p ,•li t [moi APPROXIMATELY; MILE Oa - Alluvium Qc - Colluvium Of - Fan Deposits Qtp - Pinedale Till Qtb - Bull Lake Till Qlsy - Recent Landslide Deposits Qls - Landslide Deposits Pml - Lower Member Minturn Formation Pmr - Robinson Limestone Member Minturn Formation Pmm - Middle Member Minturn Formation 1 18-7-606 1 H -P - U MAR I PROJECT AREA GEOLOGY I Figure 3 kv • FIry JL 4 LT LL rk w 0 CDn o� CD ro •�� I ti *. •baa'#+w City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: September 23, 2019 ITEM/TOPIC: A request for review of a Conditional Use Permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for an amendment to the conditional use permit for the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (PEC19-0039) The applicant has requested this item be tabled to October 28, 2019. ATTACHMENTS: File Name Description PEC19-0039 Public Works CUP Staff Memo 082619.0 PEC19-0039 - Staff Memo Vicinity Map.pdf Attachment A - Vicinity Map Public Works CUP Applicant Narrative.pdf Attachment B -Applicant Narrative Public Works CUP Plans PEC19-0039.pdf Attachment C - Development Plans Public Works CUP Photos.pdf Attachment D - Site Photos Geologic Hazards PW VAIL.pdf Attachment E - Geologic Hazards Report Public Works Master Plan PEC Submittal 1 of 2.pdf Attachment F - 2019 Public Works Master Plan(1 of 2) Public Works Master Plan PEC Submittal 2 of 2.pdf Attachment F - 2019 Public Works Master Plan (2 of 2) I(IJI ► 19119 Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 26, 2019 SUBJECT: A request for review of a Conditional Use Permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for an amendment to the conditional use permit for the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (PEC19- 0039) Applicant: Town of Vail, represented by Greg Hall Planner: Chris Neubecker SUMMARY The Town of Vail submitted an application for a Conditional Use Permit to allow for demolition of a portion of an existing building, constructing a new building for the Town of Vail Streets Department, and constructing a new retaining wall at the Town of Vail Public Works facility, located at 1289 Elkhorn Drive/Unplatted. The expanded use includes approximately 23,175 square feet of additional buildings, plus 36,500 square feet of expanded outdoor storage space for a vehicle impound lot and special event equipment. The Conditional Use Permit is required by the Vail Town Code for public buildings and grounds within the General Use (GU) zone district. Based upon staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval of this application, subject to the findings and conditions noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The proposed improvements are identified in Phase 1 of the 2019 Public Works Master Plan. The applicant is requesting the review and approval of an amendment to the existing Conditional Use Permit for the following: • Constructing a new building for the Town of Vail Streets Department • Constructing a new retaining wall • Relocating the existing greenhouse building • Expanded storage space for a vehicle impound lot and special event equipment III. BACKGROUND The subject property is unplatted. The property was annexed into the Town of Vail in 1977 via Ordinance 25, Series of 1977. In 1994 the Town of Vail obtained a Conditional Use Permit for the expansion of the Administration Building. In April 2019 the Town of Vail received approval for the Public Works Master Plan. The Plan provides a summary of the immediate needs and the long term use of the Public Works site within the Town of Vail. The Plan provides a roadmap to guide future development of the site, while helping the Town understand the possible costs and impacts of future development. The Plan identifies a need for a new Streets Department building, as well as the need for additional outdoor storage for special events. The timeframe for the Master Plan is 20 years. The proposed Streets Department building and retaining wall are the first projects that will help to implement the Plan. IV. APPLICABLE PLANNING DOCUMENTS VAIL LAND USE PLAN CHAPTER 11— LAND USE PLAN GOALS/ POLICIES.- The OLICIES: The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. 2 The goal statements which are reflected in the design of the proposed Plan are as follows.- 1. ollows: 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. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.6. Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 6. Community Services 6.1. Services should keep pace with increased growth. 6.2. The Town of Vail should play a role in future development through balancing growth with services. 6.3. Services should be adjusted to keep pace with the needs of peak periods. 2019 PUBLIC WORKS MASTER PLAN Public Works 20 Year Master Plan Update Summary This document is intended to provide a summary of the immediate needs and the long-term use of the Public Works site in the Town of Vail. The intention of this document is to provide a roadmap forward which guides the development of this 3 site while remaining aware of anticipated costs and allowing for flexibility in the future. Employee Housing, Public Works Administration, Transit, Fleet Maintenance, Streets & Parks, and Facilities Maintenance are the Subjects of this Public Works 20 Year Master Plan Update along with Solar Energy Systems, Snow Dump/Storage, and Site Parking. Included are the strategic findings from the Staff Interviews conducted in search of additional building areas, site functions, additional housing, and overall Public Works operational needs along with additional site parking in support of Staff and Facilities growth over the next 20 years. It is generally understood that the growth throughout the next 20 years is driven by additional Public Buildings and Facilities to maintain along with other elevated Town Service levels. Rockfall & Debris Flow Mitigation notes The site is in a moderate to high rockfall hazard area. Site Specific Rockfall Mitigation should be done for new buildings particularly on the West end of the property. HP Kumar provided a preliminary assessment of the Rock Fall and Debris Flow Hazards to the site. Suggested mitigation includes.- 1. ncludes:1. Meshing, bolting, and or shotcreting of entire rock outcrop in the source zone. 2. Stabilization or scaling of individual rock blocks in the source zone. 3. Installation of rockfall barrier and catchment area (rigid MSE wall, soil berm, or flexible fence) in the runout zone. Recommended mitigation.- Option itigation:Option 3 with a combination of the MSE wall, soil berm, and fencing. Master Plan Update Priorities: The following are the Master Plan Update priorities. 1. Streets and Parks Building expansion 2. Housing opportunities which may be available at this site 3. Solar opportunities to help offset Town of Vail energy consumption 4. Frontage road turn -lane and improvements to support future expansion 5. Snow Dump/Storage expansion 6. Site utility upgrades 0 This document includes 1. Existing site conditions, including hazards and site limitations 2. Summary of user group needs 3. Options for consideration to address user group needs and opportunities 4. Suggested path forward Seasonal Habitat — Bighorn Sheep The Wildlife Habitat should be protected and should be enhanced where possible. In order to protect the Sheep Habitat, the following Guidelines should be followed.- 1. ollowed: 1. No outdoor recreation should be allowed behind the buildings on site and the trail behind the Public Works site should be closed in winter. 2. Dogs should not be allowed on site. 3. Site specific Wildlife studies should be conducted for the implementation of Utility Grade Solar. Generally, priority for utility grade solar should be in the smooth brome stand area that has already been disturbed. 4. Site specific Wildlife studies should be conducted for Housing projects proposed on the existing administration and Buzzard Park sites. Housing generally does not create much of an impact. The housing that backs up the hillside should be kept below the rock areas on the hill. 5. Site specific Wildlife studies should include specific criteria to mitigate the impacts on Wildlife. 6. The Town should commit to further Wildlife Habitat Enhancement where appropriate. 5.1 Project Phasing of Recommended Option C Phase 1: 2-4 years • Demolition of existing streets building. • Relocate the existing greenhouse. • Construct new approximate 24, 000 sq. ft. stand along Streets Building. • Expand Shipping and receiving. • Construct new Solar panels on the roof of new streets building. • Regrade and construct new first phase of permanent North Shoring wall behind new streets building. • Construct 12-24 scalable housing along the 1-70 berm. • Electric Utility upgrades for electric bus charging. Phase 2: 3-5 years • Construct the balance of the permanent North Shoring wall. • Construct cold storage area behind the now new Streets Building with 5 parking on the roof. • Construct Ramp to access the new parking. • Expand snow storage area. • Construct first set of Utility Grade Solar. Phase 3: 5-7 years • Construct new Facilities Maintenance Building along North Shoring wall • Construct new Administration as Bridge and Meeting Room between the two buildings. • Provide new rooftop Solar on Administration Bridge and Maintenance Building. • Construct second set of Utility Grade Solar. • Option for temporary housing or other temporary use in Administration Building until it is torn down for new Housing. Phase 4: 5-7 years • Upgrade Fleet Maintenance • Upgrade Transportation • Replace Roof on Fleet and Bus Barn to accept Solar Panel. • Construct Access improvement to site for additional housing Phase 5: 10+ years • Demolish existing Administration Building. • Construct 40 new housing units in Administration Building Location with underground parking. Phase 6: 10+ years • Demolish existing Buzzard Park. • Construct 80 new housing units and community building at Buzzard Park Site. Title 12, Zoning Regulations, Vail Town Code (in part) 12-9C-1: PURPOSE: The general use district is intended to provide sites for public and quasi -public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi -public uses permitted in the district are appropriately 31 located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. (Ord. 29(2005) § 28: Ord. 21(1994) § 10) 12-9C-3: CONDITIONAL USES: (in part) A. Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title.- Public itle: Public buildings and grounds. Public utility and public service uses. 12-9C-4: ACCESSORY USES: (in part) The following accessory uses shall be permitted in the GU district.- Other istrict: Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof, with the exception of buildings. (Ord. 29(2005) § 28: Ord. 21(1994) § 10) 12-9C-5: DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the general use district, development standards in each of the following categories shall be as prescribed by the planning and environmental commission.- 1. ommission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. B. Reviewed By Planning And Environmental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit 7 application. Site specific development standards shall then be determined by the planning and environmental commission during the review of the conditional use request in accordance with the provisions of chapter 16 of this title. (Ord. 29(2005) § 28: Ord. 21(1994) § 10) 12-9C-6: ADDITIONAL DEVELOPMENT STANDARDS: Additional regulations pertaining to site development standards and the development of land in the general use district are found in chapter 14 of this title. (Ord. 29(2005) § 28: Ord. 21(1994) § 10) CHAPTER 16 — CONDITIONAL USE PERMITS 12-16-1: PURPOSE; LIMITATIONS: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. (Ord. 8(19 73) § 18.100) 12-16-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION: A. Possible Range Of Action: Within thirty (30) days of the application for a public hearing on a conditional use permit, the planning and environmental commission shall act on the application. The commission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this title, or the commission may deny the application. A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. Conditions may include, but shall not be limited to, requiring special setbacks, open spaces, fences or walls, landscaping or screening, and street dedication and improvement; regulation of vehicular access and parking, signs, illumination, and hours and methods of operation, control of potential nuisances, prescription of standards for maintenance of buildings and grounds, and prescription of development schedules. D B. Variances: A conditional use permit shall not grant variances, but action on a variance may be considered concurrently with a conditional use permit application on the same site. Variances shall be granted in accordance with the procedure prescribed in chapter 17 of this title. (Ord. 29(2005) § 38: Ord. 16(1978) § 4(b): Ord. 8(1973) § 18.500) 12-16-6: CRITERIA; FINDINGS: A. Factors Enumerated: 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 development objectives of the town. 2. 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 facilities needs. 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 streets and parking areas. 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. 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. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a conditional use permit: That the proposed location of the use is in accordance with the purposes of this title and the purposes of the zone district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 9 V. VI 3. That the proposed use will comply with each of the applicable provisions of this title. (Ord. 29(2005) § 38: Ord. 10(1998) § 9: Ord. 22(1996) § 3: Ord. 36(1980) § 1: Ord. 8(1973) § 18.600) 12-16-8: PERMIT APPROVAL AND EFFECT: Approval of a conditional use permit, or an amendment to an existing conditional use permit, shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. Approval of a conditional use permit shall also lapse and become void if the use for which the approval has been granted is discontinued for a period of two (2) years, regardless of any intent to resume operation of the use. (Ord. 12(2008) § 26) 12-16-9: CONFLICTING PROVISIONS: In addition to the conditions which may be prescribed pursuant to this chapter, a conditional use shall also be subject to all other procedures, permits, and requirements of this chapter and other applicable ordinances and regulations of the town. In the event of any conflict between the provisions of a conditional use permit and any other permit or requirement, the more restrictive provision shall prevail. (Ord. 10(1998) § 10: Ord. 8(1973) § 18.900) ZONING ANALYSIS Address: 1289 Elkhorn Dr. Legal Description: Unplatted Lot Area: 17.32 acres / (754,459 sq. ft.) Zoning: General Use (GU) Land Use Designation: Public / Semi -Public SURROUNDING LAND USES AND ZONING Zoning None None None Agricultural and Open Space 10 Land Use North: USFS South: 1-70 East: USFS West: Open Space Zoning None None None Agricultural and Open Space 10 VII. REVIEW CRITERIA— CONDITIONAL USE According to Section 12-61-3, Conditional Uses, Vail Town Code, the following criteria shall be evaluated by the Planning and Environmental Commission for the construction of dwelling units within the Housing (H) zone district: 12-16-6: CRITERIA, FINDINGS 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 proposed uses are consistent with the development objectives of the Town of Vail. Specifically, the proposed expansion of the Streets Department building is recommended in Phase 1 of the 2019 Public Works Master Plan. The Master Plan identified that more development area was needed at the Public Works site to meet the future needs of the community and to provide critical municipal services. The proposed retaining wall will create a flat storage area at the rear of the site, out of view from the general public and the interstate, which will provide for needed outdoor storage and circulation space. Staff finds that the proposal meets to this criterion. 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 effects on light and air, and other public facilities needs. There will be positive impacts from the proposed development on transportation facilities, including positive impacts on local roads, by providing the Town with the needed facilities to improve and expand public works services. The proposed uses are not expected to have any significant impacts on distribution of population, utilities, schools, or parks and recreation facilities. Staff finds that the proposal meets to this criterion. 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 no significant impacts from the proposed buildings or retaining walls on traffic facilities, congestion, automotive and pedestrian safety and convenience. There will be improved traffic flow and control, access, maneuverability within the site from the proposed changes, which include areas for improved internal vehicle circulation. 11 The expansion of the Streets Department building will result in improved services, including removal of snow from public streets. Staff finds that the proposal meets to this criterion. 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 existing character of the Public Works facility will not change with the proposed buildings, walls or uses. The existing buildings are simple, utilitarian buildings used for storage of heavy equipment. The site is not highly visible from nearby properties, and is screened with a berm and heavy landscaping. The proposed Streets Department building is larger than the existing building, but will be similar in character. Staff finds that the proposal meets to this criterion. 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 administrator has waived the requirement for an environmental impact report (EIR) for this phase of the Public Works site; however, an EIR may be required for future phases of development. VIII. ENVIRONMENTAL IMPACTS The proposed development of the Streets Department building is in an already disturbed area, and will not have impacts on hydrology, atmospheric conditions, geology, vegetation, odor, scenic values, and transportation or population characteristics. The proposed retaining wall will cut into the hillside, and will remove approximately 36,500 square feet (0.84 acres) of previously disturbed land, which could be used as foraging for sheep. However, this area is at the toe of the slope, adjacent to the Public Works activities with vehicle circulation that occurs around the clock. IX. STAFF RECOMMENDATION The Community Development Department finds that the application meets the required criteria in Section 12-16-6, Criteria; Findings, Vail Town Code. We recommend the Town of Vail Planning and Environmental Commission approve this application, with conditions. 12 Should the Planning and Environmental Commission choose to approve this application the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for an amendment to a Conditional Use Permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for an amendment to the conditional use permit for the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (PEC19- 0039) with the following findings and conditions.- Findings: onditions: Findings: 1. That the proposed location of the use is in accordance with the purposes of Title 12, Vail Town Code, and the purposes of the zone district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of this title. Conditions: 1 Approval of this Conditional Use Permit is contingent upon the applicant obtaining approval of an associated Design Review Board application for the design of the building and retaining wall. 2 Applicant shall at all times abide by the Conditional Use Permit regulations in Title 12, Chapter 16, of the Vail Town Code. 3 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, Chapter 16, Vail Town Code." X. ATTACHMENTS A. Vicinity Map B. Applicant Narrative C. Development Plans from Victor Mark Donaldson Architects, July 25, 2019 D. Site Photos E. Geologic Hazards Report, H -P Kumar, November 6, 2018 F. 2019 Public Works Master Plan 13 C: L- 0 i W T 0) W N N E Q N n U >O U O O E Y (D Q M 'O L M 0 O O m N CD 0 cu � � U N d 00 ❑ ❑ O ATTACHMENT B - APPLICANT NARRATIVE PEC 19-0039 Vail Public Works Conditional Use Permit Project Narrative for Public Works Streets Expansion and Site Shoring Walls Planning & Environmental Commission: The following narrative describes the background, purpose and details for this Conditional Use Permit Submittal proposed for Phase 1 of Town Public Works site. The Scope of Work for Phase 1 addressed in this Application includes building new permanent Site Shoring Walls along the north, back side of the existing Bus Barn/Fleet Maintenance building, demolition of about 8,300 SF of Shop Bays and a new Streets Building of about 24,000 SF plus about 7,000 SF of Mezzanine areas. The large existing Greenhouse is to be relocated onto a new structural slab to the West of the new streets Building (it will be raised approximately 4'-0") and the Cinders Storage is likewise being relocated to the east at a future date. A minor remodel to Shipping and Receiving is a zero increase in floor area. The Uses on this site are being expanded and or being modified by this application. 1. Nature of Proposed Use and Compatibility: The work noted above in this Application for the demolition, new and remodel construction and relocation of the buildings are instrumental to the improved operations for Public Works and Transportation due to separation of existing comingled operations, improved flow, circulation and protection of valuable equipment assets stored from winter conditions. It was determined via numerous Town Staff Interviews and in the publishing and approval of the 2019 Public Works Master Plan Update that more development area will be needed on this Town owned Public Works site to meet future needs and to provide critical municipal services. These needs are in conjunction with the planned vertical expansions noted in the Master Plan and are critical for the driving lanes, truck and vehicle turning radii, access to future cold storage areas and other outdoor and enclosed Uses for Public Works, Fire, Police, Recreation, IT, Special Events, etc. The proposed Site Shoring Walls were designed to provide the development areas for the future needs of operations, parking and development within this important Town owned site over the next 20 years. The Site Shoring Walls gain about 36,500 SF (0.84 AC) of additional development area to provide for the future needs as noted above. Regarding the measures we propose to make the Uses and density compatible with other properties in the vicinity, we identify this Public Works site as General Use zoning with negligible visibility and screening with significantly more carrying capacity for development. There is no other property in the vicinity that shares these attributes. As such, we believe our negligible visibility and strong screening can continue to provide a functional and fully operational development over time within the General Use Zone District, without significant impacts to surrounding properties. 2. Relation and impact of the proposed Use on Vail Development Obiectives: This proposal allows development on the subject site to reduce the burden of other Town properties, facilities and operations to enhance the Town's ability to provide the wide range of Town of Vail services expected and needed for such a world class resort community. 3. The effects of the Use (light, air, population, transportation, utilities, schools, parks, recreation and other public facilities and needs): The proposed development may include additional site lighting in and around the expanded areas and such lighting will conform to all Dark Sky requirements as set forth in the Town of Vail. This Phase 1 proposal includes no change in the population living on site. Transportation will be enhanced from the perspective of improved Bus Maintenance, busses emerging into the e -bus and other forms of operational and site maneuvering efficiencies for these important operations within the Town. Additionally, the historical need for Streets to store equipment and vehicles in other department's spaces during winter months to protect the assets will be alleviated with the new and separate functions for Streets. The Utility upgrades needed for this proposal are within the capacity of local utility companies with conventional energy distribution, though significant solar applications will follow this Phase 1. Schools are will only be impacted positively from increased transportation and town wide enhanced services echoing from opening up other properties in town being eventually relocated to the subject site. Parks, recreation and public facilities will also benefit affirmatively due to relocation of other town Uses to the subject site. Big Horn Sheep Habitat: The subject site is within Critical Winter Bighorn Sheep Habitat. The proposed development will remove 36,500 SF of non-native grasses by the construction of the site shoring wall system. These grasses occur at the bottom of the slope adjacent activities at the Public Works activities which currently occurs almost around the clock schedule. The site shoring walls will act as a buffer between the habitat above and the shop area ground plan. The Town of Vail is working in conjunction with a panel of biologists and the CPE on a comprehensive sheep habitat mitigation plan for the majority of the winter range near the Town of Vail boundaries which will greatly offset the minor losses next to the public works facility. Rock Fall Hazard: The current development places non -habitable space within the rock fall hazard. The site walls will act as a drop area which will take some of the momentum out of rocks rolling down the slopes from the north. Debris Flow Hazard: The proposal allows for the previously mitigated debris flows to flow into open storage areas and be contained in a large wide drainage pattern around the town shop buildings as the mitigation currently operates. No habitable space is within this flow area. 4. The effects of the Use (traffic/congestion, auto and pedestrian safety and convenience, traffic flow and control, access, maneuverability and snow removal): Traffic/congestion and auto safety have been evaluated by a Traffic Engineer who together with CDOT agrees that the existing access to the site can be managed due to the minimal impacts of the facilities described above. The new Streets building will house the some operations and personnel in a more efficient manner also allowing other onsite departments to function better with Streets no longer poaching on their own work bays, personnel and operations. Pedestrian safety and convenience continue to be managed with on-site bus services and proximate pickups and drop-offs for employees living off-site. On-site traffic flow and control, access, maneuverability and snow removal are the expertise of this highly competent Public Works and Transportation Staff and as such are increasing the quality and efficiencies of these operations. 5. The effect upon the character of the area (scale and bulk relative to surrounding Uses): Due to the isolated nature of the subject property along with the wide 1-70 R.O.W. corridor separation and the mature trees and berm, the site is subject to negligible visual or other impacts. This Phase 1 proposal includes buildings that are very near the some height as existing buildings and the permanent Site Shoring Walls are no taller that these buildings themselves. 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BOX 5300 AVON, COLORADO 81657 markd(avmda.com TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY........................................................................................ 1 PROPOSED DEVELOPMENT.............................................................................................. - 1 SITECONDITIONS.................................................................................................................... 1 PROJECTAREA GEOLOGY.................................................................................................... 2 GEOLOGIC HAZARDS ASSESSMENT..................................................................................- 3 RECOGNITION...................................................................................................................... 4 IDENTIFICATION................................................................................................................. - 4 EVALUATION........................................................................................................................ 4 RockfallSource Zone........................................................................................................... 5 RockfallPaths...................................................................................................................... 5 RockfallRunout Zone..........................................................................................................- 6 CRSPMODELING................................................................................................................ - 6 ModelInput Information..................................................................................................... - 7 ModelOutput Information................................................................................................... 7 ROCKFALL RISK EVALUATION...................................................................................... - 8 ROCKFALL MITIGATION CONCEPTS.................................................................................- 8 RECOMMENDATIONS........................................................................................................... 10 LIMITATIONS.......................................................................................................................... 10 REFERENCES.......................................................................................................................... 11- FIGURE 1- FIGURE 1 — PROJECT SITE LOCATION FIGURE 2 — ROCKFALL MATERIALS AND ZONES FIGURE 3 — PROJECT AREA GEOLOGY FIGURE 4 — SITE PLAN Project No. 18-7-606 PURPOSE AND SCOPE OF STUDY This report presents the findings of a geologic hazards review of the proposed development of the Town of Vail Public Works Facility, 1309 Elkhorn Drive, Vail, Eagle County, Colorado. The purpose of our study was to assess the potential impacts of geologic hazards on the proposed development at the project site. The study was conducted in accordance with our proposal for geological engineering services to Victor Mark Donaldson Architects dated September 26, 2018. A field reconnaissance of the project site was made on October 3, 2018 to observe the geologic conditions and collect information on the potential geologic hazards present at the project site. In addition, we have reviewed relevant published geologic information and looked at aerial photographs of the project area. Colorado Rockfall Simulation Program (CRSP) analysis was performed to assess potential rockfall paths, velocities, energies, and bounce heights for mitigation design. This report summarizes the information developed by this study, describes our evaluations, and presents our findings. PROPOSED DEVELOPMENT The proposed development is in the preliminary design phase. Our understanding is that the existing Town of Vail Public Works facility will be remodeled and additions made to the north side of the building. It is proposed that the existing cut slope on the north side of the parking/drive area to the north of the existing building will be modified and the cut extended into the hillside to create additional space in the parking area. The existing snow dump area is proposed to be expanded to the west. SITE CONDITIONS The project site consists of developed and vacant land located at 1301 Elkhorn Drive, north of Interstate 70, at the southern base of the Vail valley side. The project site is made up of two parcels of land covering a combined area of 20.96 acres. The White River National Forest borders the site to the north. The site is just north of Interstate 70 as shown on Figure 1 and about I mile east-northeast of Vail Town Center. Elkhorn Drive ends within the property. Steep Project No. 18-7-606 -2 - slopes of the Vail valley side rise to the north. An old ditch/berm feature and un -maintained two -track road follows the north property line above the existing cut slope. The site lies mostly on gently sloping terrain down to the south at the transition to the higher elevation south -facing, steep valley side. The proposed development site lies at an elevation of between around 8,260 and 8,340 feet. The source zones of potential rockfall at the site lie at an elevation of between around 8,630 and 8,860 feet. The source zones of potential rockfall are within the White River National Forest boundary. The existing topography is depicted by the three-dimensional surface on Figure 2. The slope across the proposed development site is about 2 to 5 percent in the lower parking and existing building area and around 50 percent in the existing cut slope area. To the north of the project site, directly above the proposed development area, the south -facing valley side has a fairly uniform slope of about 65 percent. Vegetation on the south -facing valley side is native grass, cactus, and scrub oak. Vegetation in the debris fan area consists of native grass and weeds with scattered scrub oak, and scattered sage brush. The old ditchiberm feature does not appear to be maintained. The ditch/berm structure is currently relatively free of debris. Scattered rocks of up to 2'/2 feet in diameter are present along the entire ditch/berm. PROJECT AREA GEOLOGY The main geologic features in the project area are shown on Figure 3. This map is based on regional mapping by Kellogg and Others (2003) published by the United States Geological Survey. The project site lies along the axis of the Laramide-age north -south trending Spraddle Creek Fold. Formation rock in the area consists of the Pennsylvanian -age Minturn Formation middle member (Pmm), the Robinson Limestone Member (Pmr), and the lower member (Pml). The lower member consists of arkosic conglomerate, sandstone, siltstone, and shale that is pinkish - gray to grayish -brown. The Robinson Limestone Member is a fossiliferous medium to thick bedded marine limestone interbedded with light tan arkosic pebbly sandstones, siltstones, and shales. The middle member consists of arkosic conglomerate, sandstone, siltstone, and shale that is pinkish -gray to grayish -brown. The bedding dip of the formation rock in the vicinity of the Project No. 18-7-606 -3 - project site is variable and ranges from around 20 to 25 degrees toward the east to 40 to 60 degrees toward the west (Kellogg and Others, 2003). Surficial deposits in the area include upper Pleistocene -age Pinedale glacial till (Qtp), middle Pleistocene -age Bull Lake glacial till (Qtb), and recent landslide deposits (Qlsy). The Pinedale glacial till consists of sub -angular to sub -rounded gneiss cobbles and boulders in a light tan sandy matrix that is unsorted and unstratified. The Bull Lake glacial till consists of material similar to that of the Pinedale till but also contains sandstone, conglomerate, or limestone cobbles and boulders derived from the Minturn Formation. The recent landslide deposits consist of debris deposited by recent landslides that is unstratified and unsorted. The landslide to the northeast of the project site is active and is a deep rotational slide with shallow soil slumping near the surface (Kellogg and Others, 2003). Kellogg and Others (2003) also state that rockfall is a geologic hazard in portions of the quadrangle, especially in areas below steep slopes and cliffs formed by the Robinson Limestone Member of the Minturn Formation. The recognized rockfall deposits described by Kellogg and Others (2003) can be observed on this site. The slopes above the property where these processes initiate have measured slope angles ranging from 60 to 100 percent. Heavy rains at this location can be accompanied by rockfall. Rockfall deposits were observed adjacent to and on the property. GEOLOGIC HAZARDS ASSESSMENT Geologic hazards potentially impacting the project site consist of rockfall, debris flow and potentially unstable slopes. Rockfall from the outcrops above the site on the valley side appears to be moderate to high risk. There is a small debris basin and associated channel upslope of the east part of the proposed development, north of the existing berm. The existing berm/channel outlets along the western edge of the existing Public Works office building. The potential for unstable slopes appears to be low to moderate and mainly at the existing cut slope to the north of the existing parking/roadway area. We should review the grading plans for the project once they Project No. 18-7-606 have been developed and perform additional stability and rockfall analyses as needed for the areas of proposed new development RECOGNITION There is evidence of a rockfall hazard at the property. This hazard involves loose rocks along the slope rising above the property to the north and fractured blocks of Minturn Formation exposed in cliff faces and ridges above the site. Evidence of the extent of the hazard within the property may have been obscured by the existing development. We reviewed historic aerial photographs of the property dating back to 1999, the oldest aerial photographs readily available for the site. Several rocks were found in the area along the existing berm and un -maintained two -track road to the north of the existing cut slope. These rocks ranged in size from around 1 to 4 feet in all dimensions and mainly consisted of angular limestones and sandstones of the Minturn Formation. IDENTIFICATION The majority of the rockfall evident adjacent to the property comes from rolling and bounding loose rock. The initiation force may be a combination of loss of support for the loose rock due to precipitation events, freeze thaw cycles, chemical weathering (disintegration of the rock mass), and plant and animal influences. Wind also may be a contributing factor. Other rockfall may result from planer or toppling failures within the large rock masses with open fractures. Based upon the apparent erosion of soil supporting loose rock during heavy rainfall, destabilization of the loose rock could occur during times of high precipitation. EVALUATION Evaluation of the project site for rockfall included field observations, terrain analysis, aerial photograph interpretation, and rockfall simulation modeling using the Colorado Rockfall Simulation Program (Crsp3D version 2012.12.12.23.37). The evaluation focused on three zones defined within the area. These included: 1. Rockfall Source Zone 2. Rockfall Paths 3. Rockfall Runout Zone Project No. 18-7-606 -5- A map showing potential rockfall hazard areas is presented in Figure 2. The potential hazard consists of a rockfall source zone, a rockfall runout zone, and an area of potential rockfall paths between the source zone and the runout zone. The project site is located in the potential runout zone as shown on Figure 1. Rockfall Source Zone The majority of rocks presently posing a hazard to the proposed development are located at the rock outcrop located approximately 560 feet up the slope and along the ridge to the northwest of the proposed development area about 400 to 1000 feet up the slope. The source zones are primarily intact sandstone, conglomerate, and limestone that exhibit varying degrees of weathering and fractures. There are loose rocks littering the slope below the outcrops that have rolled to their present location. In our opinion, most of these lower, loose rocks do not pose a significant rockfall hazard. This is due to their lower location on the slope. It is unlikely that these lower, loose rocks will develop significant kinetic energy should they roll down the slope. The exception to this is the loose rocks in the vicinity of the outcrops that can be dislodged and are higher up on the slope. There is one very large boulder above the middle of the proposed development at around elevation 8,436 feet that appears currently stable. Rockfall Paths The mechanism of rockfall at this location involves rolling, toppling, and/or sliding of loose rock from the source zone. Once moving, the rock rolls and bounces through the rockfall path zone until it stops in the rockfall runout zone. The rockfall path zone above the proposed development area extends from the base of the slope to the ridge and outcrop above. Rocks roll, topple, and/or slide varying distances from the source zone. Some rocks are stopped in the source zone after initial movement. Other rocks stop varying distances down the slope. The rocks that stop movement in the source zone and on the slope lose speed and kinetic energy through contact with the ground surface, other rocks, vegetation, or a combination of these. It is likely that some rocks have rolled and bounced through the rockfall path zone, impacting the flatter ground at the base of the slope. We are unaware of direct evidence that rocks have Project No. 18-7-606 impacted the existing facility, however, the grading north of the west end of the facility has cut into the deposit formed in part by falling rock. Rockfall Runout Zone The rockfall runout zone evaluated for this study is defined as the area of ground at the ditch/berm and two -track road and south into the area of the proposed development. This area has been impacted by falling rock in the past as can be observed by the boulders adjacent to the ditch/berm. In our opinion, the existing ditch/berm feature should not be considered effective rockfall mitigation for the proposed development. Rockfalls will decelerate, lose kinetic energy, and eventually stop in this zone. Velocities of potential rockfalls are decreasing significantly at this location. This has significant advantages when considering mitigation options. These options are discussed in following sections. CRSP MODELING The Colorado Rockfall Simulation Program (Crsp3D version 2012.12.12.23.37) was used to assist in our assessment of the potential rockfall risk to the proposed project and to develop rockfall dynamic information that may be used to assess the feasibility of rockfall mitigation. Crsp3D is a computer program that simulates rockfall tumbling down a slope and predicts the probability distribution of rockfall runout, velocity, bounce height, and kinetic energy. The program takes into account slope profile, rebound and frictional characteristics of the slope, and rotational energy of the rocks. The program was not designed to identify rockfall hazard but to determine mitigation techniques where the hazard has been identified. The program is a tool commonly used in analysis and mitigation of rockfall hazards. We have simulated rockfall at the project site using Crsp3D. Our calibration of the model to site conditions began with observations of rockfall conditions at the site as described in previous sections of this report. We created a model that reflects the types of rocks found adjacent to the property that we believe resulted from rockfall events. The model was further refined by measurements of the slope and of loose rocks found within the rockfall source zones, rockfall path zones, and rockfall runout zones. Our model was back -calculated from the conditions at the Project No. 18-7-606 7 - site. The conditions at the property provide reasonable criteria for generating rockfall models that we believe represent the actual rockfall conditions. The purpose of modeling the rockfall events at the site is to evaluate engineering properties of the rockfall events that can be used in developing alternatives for mitigation of the potential rockfall hazard. These properties include velocity, bounce height, and kinetic energy of the rocks. Feasibility of rockfall mitigation concepts can be evaluated from these properties. Model Input Information A surface derived from a 2018 LiDAR survey of the area was used to input terrain information into Crsp3D. Model output probability distributions were calculated based on 99 independent rockfall trials of sphere -shaped rocks, randomly varied between a 3.10 and 8.00 -foot diameter. These blocks are similar to rocks ranging from a 2,500 -pound rock that is approximately a cube with a side length of 2.5 feet and a 44,000 -pound rock that is approximately a cube with a side length of 6.44 feet. The rock block sizes are based on observations of rocks found in the runout zone at the project site and the approximate spacing of fractures in the source zone. Model Output Information The results are presented in Table 1. We analyzed the results of our rockfall model at one point, the crest of the ditch/berm and along the lower edge of the two -track trail above the proposed development area, see Figure 4. We also calculated the rockfall dynamic probability distribution at this location. The engineering results of the modeling are given in the following table for a 2% exceedance probability. The bounce height is to the centroid of the rock block. The rockfall dynamic probability distribution may be used to assess the feasibility of rockfall mitigation. Table 1 Engineering Results from CRSP Point Evaluated Velocity ft/s (m/s) Bounce Hight ft (m) Kinetic Energy ft -lb (U) Point 1 22(6.7) 2.5 (0.8) 350,000 (470) Project No. 18-7-606 ROCKFALL RISK EVALUATION Rockfall is an active geologic process in the lower part of the Vail valley side to the north of the project site. Without long term observations, it is not possible to develop recurrence probabilities for rockfalls from the source zones at the project site with high levels of confidence but seems reasonable to infer that rockfalls from these source zones are infrequent. The Crsp3D modeling shows that if a rockfall were to occur during a reasonable exposure time for the proposed development, it is possible that the rockfall would reach the proposed development areas shown on Figures 2, 3, and 4. Based on our current understanding of the rockfall potential, we characterize the risk that a rockfall will reach the proposed building areas to be moderate to high. If a rockfall were to hit the proposed buildings, the consequence would likely be severe and could cause major structural damage and harm the building occupants, and the feasibility of rockfall mitigation should be evaluated. ROCKFALL NHTIGATION CONCEPTS There are three approaches to rockfall mitigation that are typically used within the area. 1. Meshing, bolting, and/or shotcreting of the entire rock outcrop in the source zone. 2. Stabilization or scaling of individual rock blocks in the source zone. Installation of a rockfall barrier/catchment area (rigid MSE wall, soil berm, or flexible fence) in the runout zone. The rockfall source areas are beyond the property boundary to the north. We do not know if the White River National Forest would allow mitigation of the loose rocks within the property. Stabilization methods for the entire outcrop could include anchored mesh and/or shotcrete stabilization. Stabilization methods for individual rock blocks in the source zone could include cable lashing, bolting, and scaling. Stabilizing the entire rock outcrop in the source zone would likely be the most intrusive and expensive option. The shotcrete and/or mesh would be highly visible from below, and would Project No. 18-7-606 require a large amount of stabilization material. Due to the large area of outcropping rock in the source zone, this option does not appear to be feasible. Stabilization of individual rock blocks is more cost effective than stabilizing the entire rock outcrop. This option mitigates the release of large rocks from the source zone but does not mitigate the release of smaller rocks due to severe weather, animal traffic, or rodent undermining. Due to ongoing natural erosion and animal traffic, this mitigation would need to be evaluated annually to adapt to the natural changing conditions. Individual stabilization typically costs between 5% and 50% of the cost of stabilizing the entire rock outcrop based on the amount of individual rocks needing to be stabilized. Based on our field observations it is estimated that the cost of initial individual rock block stabilization at this site will be between around $400,000 to $800,000. Rock scaling at this site does not seem feasible due to the existing development (including Interstate 70) downslope from the source zone In our opinion, a practical protection method would be an MSE wall or a flexible rockfall barrier and catchment area extending above the proposed development, in the area of the existing ditch/berm and two -track road, just to the north of the proposed cut -slope. This protection method would be around 1,000 to 1,500 linear feet. MSE walls typically cost between $35 and $40 per square foot of wall (length x height), or between around $210,000 and $360,000 for this site. A soil berm could be constructed with imported and/or on-site excavated material with a near vertical up slope face such as stacked boulders. The cost of the soil berm would depend on excavation costs and the availability of on-site material. A flexible rockfall barrier can be located approximately at the northern property boundary which should not impact the property to the north. The installation cost of a flexible barrier is typically around $110 per linear foot or between around $110,000 and $165,000 plus material and grading costs for this site. The flexible fence option will provide better protection from large and small rocks for the proposed buildings than stabilization of individual rock blocks, and will likely remain relatively maintenance free for several years after installation. The flexible barrier will likely be visible from the proposed development, but much less from the surrounding Project No. 18-7-606 -10 - community. A range of colors of flexible barrier are available to help minimize the visual impact of the fence. RECOMMENDATIONS Based on the CRSP analysis and our observations at the site, rockfall mitigation is recommended. In our opinion, a flexible rockfall barrier (Option 1) or MSE wall/soil berm (Option 2) with a catchment area uphill of it located in the area of the existing ditch/berm and two -track trail will be an effective mitigation. A flexible rockfall barrier will have the lower amount of visual impact and will require a limited amount of space to construct. The modeled energies and bounce heights for a 2% exceedance probability from the source zone are around 350,000 foot-pounds (470 U) and 2.5 feet (0.76 m), respectively. The modeled energies and bounce heights associated with rockfalls from these zones are presented above in Table 1. Based on these modeled energies and bounce heights, the barrier would need to be around 7 feet (2.1 lm) tall with a strength of 420,000 ft -lb (570 kilojoules). We recommend that a 3 meter (9.9 foot) tall Geobrugg GBE-1000A-R system (or equivalent) or suitable MSE wall or soil berm with catchment area designed by a qualified civil engineer be installed along the existing two - track road, for mitigation of the potential rockfall at the site. A soil berm with catchment area may also reduce the risk of damage due to debris flow at the subject site. If a flexible barrier option is chosen, the existing berm should be extended by approximately 200 feet to the west to intercept possible debris flow paths and the outlet improved so as to not direct flow toward the existing public works office building or existing employee housing building. This berm should be designed by a qualified Civil Engineer to account for design debris flow volumes and velocities. LIMITATIONS This study was conducted according to generally accepted geotechnical and engineering geology principles and practices in this area at this time. We make no warranty either express or implied. The conclusions and recommendations submitted in this report are based on our field observations, aerial photograph interpretations, published regional geology information, the currently proposed development plan, and our experience in the area. Our analysis was Project No. 18-7-606 -11 - conducted 11 - conducted to model a reasonably accurate indication of rockfall behavior at this location. The results are thought to be representative of conditions observed at the property and the slope and ridge above. Variations in the model resulting from additional observations and information should be expected. This report has been prepared exclusively for our client and is an evaluation of the geologic hazards and their potential influence on the proposed development. We are not responsible for technical interpretations by others of our information. 152315"MMN Robert L. Duran, E.I. Reviewed by: Steven L. Pawlak,' RLD/ksw cc: Town of V, Town of Vail — Greg Hall (ghall @ vailgoy.com) Martin -Martin — Mark Luna (MLuna@martinmartin-mtn.com) Victor Mark Donaldson Architects — Chris Juergens (chrisj @ vmda.com) REFERENCES Andrew, R., and Others, 2012, CRSP-3D User's Manual - Colorado Rock/all Simulation Program, Version 2012.12.12.23.37 (manual and software): Federal Highways Administration Report No. FHWA-CFL/TD-12-007. Jones, C., Higgins, J., and Andrew R., 2000, Colorado Rock -Fall Simulation Program, Version 4.0 (manual and software): Colorado Geological Survey MI 66. Kellogg, K.S., Bryant, Bruce, and Redsteer, M.H., 2003, Geologic Map of the Vail East Quadrangle, Eagle County, Colorado: U.S. Geological Survey, Miscellaneous Field Studies Map MF -2375 Project No. 18-7-606 'k ' ! 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(PEC19-0040) The applicant has requested this item be tabled to October 14, 2019. ATTACHMENTS: File Name PEC19-0040 Staff Memo Vail Land Use Plan.pdf Description Staff Memoradum Chamonix Vail Community Parcel E application 07292019 as amended by CommDev Staff.pdf Attachment A. Chamonix Vail Community Parcel E Application Narrative, 07-29-2019 Attachment B. Chamonix Vail Master Plan as Amended July 29 2019.pdf Attachment B. Chamonix Vail Master Plan as Amended. 07-29-2019 0) TOWN OF VAIL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 9, 2019 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category and setting forth details in regard thereto. (PEC19-0040) Applicant: Town of Vail, represented by George Ruther, Housing Director Planner: Jonathan Spence I. SUMMARY The applicant, Town of Vail, represented by George Ruther, Housing Director, is requesting a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category. The purpose of the amendments is to facilitate development on the future Chamonix Vail Community Parcel E, a resubdivision of Parcels A and B, formerly a resubdivision of Tract D, Vail Das Schone Filing No. The purpose of this development is to generate revenue from the sale of the property to offset the nearly 4 million dollar Town of Vail subsidy provided for the development of the 32 Unit Chamonix Vail Townhome project. The majority of the amendments concern revisions to the premise in the Master Plan that all residential development within the Chamonix Master Plan boundaries be deed restricted. Based upon Staff's review of the criteria outlined in Section V 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 an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category. II. DESCRIPTION OF REQUEST The applicant, Town of Vail, represented by George Ruther, Housing Director, is requesting a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for amendments to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category, to allow for non -deed restricted residential development. A standard criterion within the Vail Town Code for approval of most applications is compliance with the Vail comprehensive plan and other applicable plans. The Vail comprehensive plan is a compendium of plans that includes the Vail Land Use Plan, of which the Chamonix Master Plan is a component, in addition to other plans such as the Vail Village Master Plan and Lionshead Redevelopment Master Plan, to name but a few. In order to move forward with the applications necessary to facilitate development on future Chamonix Vail Community Parcel E, including Minor Subdivision, Zoning District Boundary Amendment and Amendments to the Chamonix Vail Community Development Plan, the Chamonix Master Plan and the Chamonix Land Use Category must first be amended. The proposed revisions to the Chamonix Master Plan are provided as a redline document as Attachment B. Changes are confined to pages 4 and 5 of the document. The Vail Land Use Plan contains a number of land use categories that are intended to indicate general types of land uses that should occur within the Town and are utilized as a planning tool to inform decision makers during planning processes. Categories include, but are not limited to LDR (Low Density Residential), LRMP (Lionshead Redevelopment Master Plan), CC (Community Commercial) and VVMP (Vail Village Master Plan). The proposed changes to the CMP (Chamonix Master Plan Area) to allow residential uses consistent with the Housing (H) District is shown below with new text in bold: CMP Chamonix Master Plan Area Included in this category are those properties which are identified as being included in the Chamonix Master Plan boundaries. Properties located within this land use category shall be encouraged to develop, per the Master Plan recommendations, as it has been found necessary in order for Vail to remain a successful resort community. Uses and activities for these areas are intended to encourage a safe, convenient and pleasant resident experience. The range of uses and activities appropriate in the Chamonix Master Plan (CMP) land use category may include deed restricted employee housing, dwelling units permitted as conditional uses in the Housing (H) District, private recreation facilities, private parking facilities, and institutional/public uses such as a fire station and other municipal facilities to serve the needs of residents. III. BACKGROUND The Town of Vail acquired the 3.6 -acre "Chamonix Parcel" in October, 2002, for the purpose of constructing a fire station, employee housing and land banking. To achieve the Town's goals the Town of Vail adopted the Chamonix Master Plan in 2005. The Master Plan outlined development areas for a fire station, employee housing and open space. Town of Vail Page 2 In 2007, the Town of Vail was able to acquire the adjacent former Wendy's Site. It was determined the former Wendy's Site was a more optimal location, from an emergency services perspective, for a future West Vail Fire Station. Based upon the acquisition of the new property, the Town of Vail determined it could better utilize the two parcels if a new, comprehensive master plan process was completed. A Request for Proposals to hire a new consultant team was issued in September, 2007. The Team of Stan Clauson Associates, Inc., Studio B Architects, and Drexel, Barrell & Co. were retained by the Town of Vail to develop a Chamonix Master Plan. On January 16, 2008 a "Kick -Off" meeting was held for the purpose of introducing the Chamonix Site Master Plan project to the Advisory Committee. The Advisory Committee, which was selected by Town of Vail staff as well as citizens, consisted of representative from the Town Council, the Planning and Environmental Commission, the Housing Authority, the Vail Fire Department, Community Development, and two Citizens at Large. Duties of the Advisory Committee consisted of reviewing previous master planning efforts produced for the Chamonix site, engaging in discussions on new opportunities and changed conditions to be considered during the new master planning effort, and issuing recommendations to the consultant team on the parameters that would guide the process and the creation of alternative development scenarios. Ultimately, a final version of the Chamonix Vail Master Plan was adopted by ordinance by the Vail Town Council in 2009 along with a corresponding revision to the Town of Vail Land Use Map and Land Use category. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Town's Comprehensive Plan are relevant to the review of this proposal. These documents identity the policy goals of the community and should be weighed against the proposed Master Plan to determine if the Plan is helping to advance the community's priorities: VAIL TOWN COUNCIL ACTION PLAN 2018-2020 Our Mission - Grow a vibrant, diverse economy and community and preserve our surrounding natural environment, providing our citizens and guests with exceptional services and an abundance of premier recreational, cultural and educational opportunities. Community - Engage our community in honoring social, recreational, cultural, and educational values that will guide sustainable strategies throughout our neighborhoods as the foundation of our town's continued success. Ensure that our citizens are afforded the opportunity to live and thrive in our community. • Housing as necessary infrastructure to our community Economy - Preserve our vibrant and diverse economy that keeps Vail at the forefront of our resort competitors. Town of Vail Page 3 • Update long range strategic plans to enhance competitiveness of the Town of Vail Experience - Deliver on the promise, "Vail. Like nothing on earth" that also supports 'Preserving our natural environment" • Excellent municipal services • Convenient, efficient, and safe parking and transportation venues Sustainability - Balance our economic, environmental, and social needs to deliver a sustainable community. • Strategic implementation of environmental programs • Excellent stewardship by monitoring and maintaining our natural environment • Climate action to achieve reduction of greenhouse gas emissions • Reduce the environmental impact of transportation • Explore and encourage sustainable building practices VAIL LAND USE PLAN CHAPTER 11— LAND USE PLAN GOALS/ POLICIES.- The OLICIES:The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 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. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. Town of Vail Page 4 1.6. Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 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 HOUSING 2027 Goal: The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027. These new deed restrictions will be acquired for both existing homes as well as for homes that are newly constructed by both the Town of Vail and private sector developers. Vision: An Eye on the Future - 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. Town of Vail Page 5 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 21 st 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. V. CRITERIA Amendments to the Chamonix Master Plan and related Land Use Category require a public hearing review process as outlined in Section 12-3-6 of the Vail Town Code. The role of the Planning and Environmental Commission is to hold a public hearing and make a recommendation to the Town Council on amendments to the Plan. Amendments to the Chamonix Master Plan, an element of the Comprehensive Plan, will need to be adopted by the passage of a resolution by the Vail Town Council. Amendments, or the adoption of new elements to the Comprehensive Plan must address the following review criteria: Amendments to 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 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; Conditions have changed substantially since the adoption of the Chamonix Master Plan more than a decade ago. In the time period since the adoption of the plan the following actions have taken place: The West Vail Fire Station has been fully completed Town of Vail Page 6 • The Chamonix Vail Townhomes Approved Development Plan has been approved • The development of the Chamonix Vail Townhomes has been completed • The availability and affordability of resident -occupied, deed -restricted homes for Vail residents has become the #1 most critical issue facing the Vail community • The Vail Town Council has since adopted the Vail Housing 2027 Strategic Plan and adopted a goal of acquiring 1,000 new deed -restrictions by the year 2027 2) How is the original Plan in error? The plan is in error as it does not accurately acknowledge or fully recognize the permitted and conditional uses prescribed by the recommended zone district designation of Housing (H) District. The plan correctly recommends rezoning Parcel B to the Housing (H) District yet fails to acknowledge that free market dwelling units are allowed in the District when developed for the sole purpose of subsidizing the deed - restricted homes on the property. The Town provided a nearly $4M subsidy in the development of the Chamonix Vail Townhomes. Parcel D (Future Parcel E) was set aside on the recorded plat for future residential development. A portion, if not all, of that future residential development was intended to be free market dwelling units. 3) How the addition, deletion, or change to the plan are in concert with the master plan in general. The proposed amendment continues to achieve the intended outcome of the plan. As intended, the site was identified for deed -restricted homes for Vail residents. As such, and as recommended within the plan, the site was to be rezoned to the Housing (H) District. The Housing (H) District allows free market dwellings to be developed within the District. During the course of the development of the Chamonix Vail Townhomes, Parcel D was identified as an area too costly to reasonably construct deed -restricted homes. To that end, Parcel D was set aside on the Final Plat for Chamonix Vail Community as a future site for residential development. The Vail Town Council, acting on behalf of the owner of the property, has instructed the Town staff to submit the applications necessary to facilitate the sale of future Parcel E, and, in doing so, ensure at least one additional deed -restricted home is constructed on the site. By intention, proceeds from the sale are intended to be used to offset the $4M financial subsidy provided by the Vail taxpayers to develop the Chamonix Vail Townhomes and to further advance the Town's adopted housing goals. Following are several ways in which the Plan update is in concert with the master plan, and the Town's comprehensive plan: Land Use • Adoption of this Plan helps to ensure that this advisory land use document is updated and current. Town of Vail Page 7 • The proposed additional growth will be in an existing developed area. Housing The Plan helps to advance the Town's goal of acquiring 1,000 additional resident housing deed restrictions by the year 2027. The Plan helps the Town to provide housing to keep pace with the demands for a variety of housing types, and to upgrade the Town's supply of employee housing. VI. ENVIRONMENTAL IMPACTS No environmental impacts are existing or foreseen. VII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section V 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 an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category, 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, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category, and setting forth details in regard thereto. VIII. ATTACHMENTS A. Chamonix Vail Community Parcel E Application Narrative, 07-29-2019 B. Proposed Amendments to the Chamonix Master Plan Town of Vail Page 8 MEMORANDUM To: Chris Neubecker, Planning Manager From: George Ruther, Housing Director, representing the Vail Town Council Date: July 29, 2019 Re: Chamonix Vail Development Parcel — Chamonix Master Plan Amendment, Minor Subdivision, Zone District Boundary Amendment, Conditional Use Permit, Variance, and Amendment to Approved Development Plan Applications (PEC19-0032 to PEC19-0036 and PEC19-0040). I. PURPOSE The Vail Town Council has instructed the Town staff to submit the necessary development applications to facilitate the sale of future Parcel E, of the Chamonix Vail Neighborhood. The expressed purpose of the sale is to encourage infill residential development, generate revenue from the sale of the property, and to support the creation of one additional deed -restricted home on the Chamonix Vail Parcel. The purpose of this memorandum is to provide a summary of the Town's development applications for a: 1) An amendment to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category; 2) Minor subdivision; 3) Zone district boundary district; 4) Conditional use permit; 5) Variance; and 6) An amendment to the Chamonix Vail Neighborhood Approved Development Plan. Each of the applications is intended to finalize the creation of the development parcel at 2420 Chamonix Lane. The first step in finalizing the creation of this development parcel began at the time the Chamonix Vail Community Plat was recorded. According to the approved Plat, "For the purpose of this Plat, Parcel D is reserved for future development by Declarant. Parcel D may be withdrawn from the Chamonix Vail Common Interest Community by Declarant as set forth in the Declaration of Covenants, Conditions and Restrictions for the Chamonix Vail Community." Additional steps are underway to prepare the parcel for development as originally contemplated with the recording of the Plat. II. REQUEST The Housing Department of the Town of Vail, acting on the direction of the property owner, the Town of Vail, represented by the Vail Town Council, is requesting approval of six development applications. The six applications include the following: 1. Chamonix Master Plan Amendment: The Chamonix Master Plan was adopted by the Vail Town Council on January 6, 2009, pursuant to Resolution No. 2, Series of 2009. The master plan area is the entire former Hud -Worth property, including the West Vail Fire Station (Parcel A and Parcel B). According to the adopted Plan, the charge made by the Vail Town Council was to "optimize the site" with the ultimate goal of balancing density with neighborhood impact, traffic, parking, aesthetics, sustainability, and value in a way that addresses the need for affordable housing in the community. The purpose of the master plan amendment is to update certain references within the plan to facilitate the intended residential development on Future Parcel E. An amendment to the Chamonix land Use Category is also necessary to allow for non -deed restricted residential development. This amendment is shown below with new text in bold: CMP Chamonix Master Plan Area Included in this category are those properties which are identified as being included in the Chamonix Master Plan boundaries. Properties located within this land use category shall be encouraged to develop, per the Master Plan recommendations, as it has been found necessary in order for Vail to remain a successful resort community. Uses and activities for these areas are intended to encourage a safe, convenient and pleasant resident experience. The range of uses and activities appropriate in the Chamonix Master Plan (CMP) land use category may include deed restricted employee housing, dwelling units permitted as conditional uses in the Housing (H) District, private recreation facilities, private parking facilities, and institutional/public uses such as afire station and other municipal facilities to serve the needs of residents. 2. Minor Subdivision: The Vail Town Code defines a "minor subdivision" as any subdivision containing not more than four (4) lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property. In September of 2017, the Town of Vail, serving as the Declarant, created Lots 1 through 32 of the Chamonix Vail Community Parcel C of the Chamonix Vail Community, and remaining Parcel D for future development. As Parcel D is not a legal stand-alone lot as it was created through a Townhome Plat, a further subdivision process is necessary. At this time, the Town of Vail seeks to amend both the size and configuration of Parcel A and Parcel D through a change in the common property line location, as depicted on the attached map. No new unplatted property is being subdivided. Instead, a 5,291 square foot portion of Parcel A is being added to Parcel D thereby amending both the size and configurations of the two parcels, respectively. The purpose of this minor subdivision is to facilitate residential development on future Parcel E. The new legal description for the minor subdivision shall be: Final Plat Chamonix Vail Community Parcel E a resubdivision of Parcels A and B, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 Town of Vail, County of Eagle, state of Colorado The applicant's response to the criteria for a minor subdivision is set forth in Section III of this memorandum. 3. Zone District Boundary Amendment: According to the Official Zoning Map of the Town of Vail, Parcel D is zoned Housing (H) District and Parcel A is zoned General Use (GU) District. Upon approval of the minor subdivision application, that portion of Parcel A which shall become a part of Parcel D, will need to be rezoned from the General Use (GU) District. The Town of Vail is requesting approval to rezone a portion of Parcel A to the Housing (H) District, consistent with the remaining portion of future Parcel E. The purpose of this zone district boundary request is to facilitate residential development on future Parcel E. The applicant's response to the criteria for a zone district boundary amendment is set forth in Section III of this memorandum below. 4. Conditional Use Permit: Dwelling units, which are not employee housing units, are allowed within the Housing (H) District, subject to the issuance of a conditional use permit. In this instance, the criteria established for granting approval of a conditional use permit to allow for non -deed -restricted dwelling units are listed in Section 12-61-3 of the Vail Town Code. A response to the criteria is set forth in Section III of this memorandum below. 5. Variance: Chapter 12-21 of the Vail Town Code prescribes regulations for building within hazard areas in the Town of Vail. Further, Section 12-21-10, Development Restricted, indicates "no structure shall be built on a slope of 40% or greater, except in the single-family or two-family primary/secondary residential zone districts. Residential structures allowed in those two districts include single-family dwellings and two-family dwellings. The purpose of this variance approval is to allow for the construction of a multiple family dwelling on a portion of a development site with slopes 40% or greater. The applicant's response to the criteria for a variance approval is set forth in Section III of this memorandum, below. 6. Amendment to an Approved Development Plan: An Approved Development Plan was adopted for Lots 1 through 32, Parcel C, and Parcel D. The new Chamonix Vail Townhomes were constructed and completed consistent with the Approved Development Plan. Parcel D, remains vacant at this time and available for future development as noted on the recorded final plat. It 3 was the property owner's intent to exclude Parcel D from the Chamonix Vail Neighborhood development. The Town of Vail requests approval of an amendment to the Approved Development Plan. The Amended Approved Development Plan is intended to be in two phases; one for the existing Chamonix Townhome Development with minor modifications and a second for development on future Parcel E, The Development Plan for future Parcel E shall include the following development standards: • Permitted, Conditional and Accessory Uses: Those uses listed in Sections 12-61-2 through 4, respectively, as prescribed by the Vail Town Code. • Setbacks: Those requirements prescribed by Section 12-61-5 of the Vail Town Code, as further depicted on the Amended Approved Development Plan. • Site Coverage: Those requirements prescribed by Section 12-61-6 of the Vail Town Code. • Landscaping and Site Development: Those requirements prescribed by Section 12-61-7 of the Vail Town Code. • Parking and Loading: Those requirements prescribed by Section 12-61-8 of the Vail Town Code. • Lot Area and Site Dimensions: as prescribed by the Planning and Environmental Commission, and as depicted on the approved development plan • Building Height: The allowable building height shall not exceed 40 feet (40') for a flat or mansard roof. For a sloping roof, the height of the building shall not exceed 44 feet (44'). A maximum building elevation related to Chamonix Road consistent with the Chamonix Master Plan will also be included. • Density Control Provisions for Parcel E: a) Number of dwelling units —a total of up to four dwelling units within a single structure on the combined area of Parcel E. At least one of the dwelling units shall be a deed - restricted EHU. b) Total gross residential floor area (GRFA) — Not more than 7,200 square feet of GRFA total. The one deed -restricted EHU shall be a minimum of 1,200 square feet in size. The first 1,200 square of GRFA shall be excluded from any GRFA calculation. C) GRFA Calculation - For the purposes of determining compliance with the density control provisions, GRFA shall be calculated pursuant to Section 12-15-3 of the Vail Town Code. III. DEVELOPMENT APPLICATIONS; RESPONSE TO REVIEW CRITERIA A. Chamonix Master Plan Amendment The Chamonix Master Plan does not prescribe criteria for the review of a proposed amendment to the plan. That said, however, the same review criteria are used in the preparation of the amendment to the master plan as have been relied upon by the Town's Planning & Environmental Commission and supported by the Community Development Department for the past three decades. Those criteria include: :l 1. How have conditions changed since the original adoption of the Master Plan? Conditions have changed substantially since the adoption of the Chamonix Master Plan more than a decade ago. In the time period since the adoption of the plan the following actions have taken place: • The West Vail Fire Station has been fully completed • The Chamonix Vail Townhomes Approved Development Plan has been approved • The development of the Chamonix Vail Townhomes has been completed • The availability and affordability of resident -occupied, deed -restricted homes for Vail residents has become the #1 most critical issue facing the Vail community • The Vail Town Council has since adopted the Vail Housing 2027 Strategic Plan and adopted a goal of acquiring 1,000 new deed -restrictions by the year 2027 2. How does the proposed amendment to the Chamonix Master Plan achieve the desired outcomes intended of the plan? The proposed amendment continues to achieve the intended outcome of the plan. As intended, the site was identified for deed -restricted homes for Vail residents. As such, and as recommended within the plan, the site was to be rezoned to the Housing (H) District. The Housing (H) District allows free market dwellings to be developed within the District. During the course of the development of the Chamonix Vail Townhomes, Parcel D was identified as an area too costly to reasonably construct deed -restricted homes. To that end, Parcel D was set aside on the Final Plat for Chamonix Vail Community as a future site for residential development. The Vail Town Council, acting on behalf of the owner of the property, has instructed the Town staff to submit the applications necessary to facilitate the sale of future Parcel E, and, in doing so, ensure at least one additional deed -restricted home is constructed on the site. By intention, proceeds from the sale are intended to be used to offset the $4M financial subsidy provided by the Vail taxpayer to develop the Chamonix Vail Townhomes and to further advance the Town's adopted housing goal. 3. How is the Chamonix Master Plan in error? The plan is in error as it does not accurately acknowledge or fully recognize the permitted and conditional uses prescribed by the recommended zone district designation of Housing (H) District. The plan correctly recommends rezoning Parcel B to the Housing (H) District yet fails to acknowledge that free market dwelling units are allowed in the District when developed for the sole purpose of subsidizing the deed -restricted homes on the property. The Town provide a nearly $4M subsidy in the development of the Chamonix Vail Townhomes. Parcel D was set aside on the recorded plat for future residential development. A portion, if not all, of that future residential development was intended to be free market dwelling units. Minor Subdivision: Before recommending approval, approval with conditions or disapproval of the preliminary plan, the planning and environmental commission shall consider the following criteria with respect to the proposed subdivision: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed minor subdivision is consistent with the applicable elements of the adopted goals, objectives and policies as outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town. For the purpose of demonstrating compliance, the applicant relied upon the following planning -related documents for guidance: • The Vail Land Use Plan • The Chamonix Vail Community Plat • The Vail Housing 2027 Strategic Plan • The Town of Vail Zoning Regulations Examples of consistency and compatibility include: • 2018 Town of Vail Housing Policy Statements • 2011 Chamonix Master Plan Amendment • The Town of Vail Subdivision Regulations Vail Land Use Plan — In 2009, the Vail Town Council adopted Resolution No. 2, Series Of 2009: A Resolution Adopting The Chamonix Master Plan, To Facilitate The Development Of Employee Housing And A Fire Station On The "Chamonix Parcel" And "Wendy's Parcel" And To Amend The Vail Land Use Plan, Pursuant To Section 8-3, Amendment Process, Vail Land Use Plan To Designate The Chamonix Master Plan Area Located At 2399 North Frontage Road And 2310 Chamonix Road/Parcels A And B, Re -Subdivision Of Tract D, Vail Das Schone Filing No. 1. Since the adoption of Resolution No. 2, the West Vail Fire Station has been completed on Parcel A as intended. Further, the Chamonix Vail Neighborhood has also been completed as intended. At this time, only Parcel D is yet to be developed as intended. This minor subdivision application is the final phase to be completed. The small, triangular portion of Parcel A that is to be added to Parcel D by this subdivision facilitates development on future Parcel E without having any negative impacts on the operation and continued use of the fire station on Parcel A. There is no minimum lot size requirement in the General Use district, regardless, Future Parcel A remains more than 1.2 acres in size. This subdivision is consistent with the intent of the Vail Land Use Plan recommendations. • Chamonix Vail Community Plat — According to the approved Plat, "For the purpose of this Plat, Parcel D is reserved for future development by Declarant. Parcel D may be withdrawn from the Chamonix Vail Common Interest Community by Declarant as set forth in the Declaration of Covenants, Conditions and Restrictions for the Chamonix Vail Community." This minor subdivision, through the inclusion of a small portion of Parcel A, does not violate, or in anyway frustrate, the intended purpose of Parcel D, as set forth in the approved Community Plat. In fact, in many ways, it only improves and further enhances the original development objectives for Parcel D. • Town of Vail Zoning Regulations — The Zoning Regulations have been enacted for the general 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. The proposed minor subdivision advances the general purpose of the Zoning Regulations and helps to sustain the Town's character as a resort community of the highest quality. This will be further achieved as any future development application shall be required to demonstrate continued compliance with the adopted Zoning Regulations. • 2018 Town of Vail Housing Policy Statements - In July of 2018, the Vail Town Council adopted its first housing policy statements. According to Resolution No. 30, Series of 2018, "through the adoption of housing policy statements, it is the Vail Town Council's intent to articulate the approaches the Town will take to realize its vision, achieves its housing goal, and address the most critical issue — housing —facing the Vail community." This minor subdivision is consistent with the following housing policy statements adopted by the Vail Town Council: o #1 Housing IS infrastructure o #2 Housing Partners o #3 Private Sector Importance o #5 Breakdown Barriers o #6 Funding Creates Deed -Restrictions o #10 Funding is Policy 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and The proposed subdivision complies with the standards prescribed within the Vail Town Code, including Title 12, "Zoning Regulations". The proposed minor subdivision is simply a 7 resubdivision of already subdivided and developable land that is already lawfully platted with associated development rights. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The proposed minor subdivision presents a harmonious, convenient, workable relationship among surrounding land uses consistent with Vail's development objectives. Historically, the Town of Vail has articulated its development objectives as the specific purposes contained within Section 12-1-2 (B) of the Vail Town Code. To that end, in part, the proposed minor subdivision provides for adequate light, air, sanitation and drainage given the resulting infill development; promotes safe and efficient pedestrian and vehicle traffic circulation given its adjacency to Chamonix Lane; conserves and maintains established community qualities and economic values as the property is already developable and any resulting development must comply with the Town's adopted design review guidelines and standards; and does not create excessive population densities or overcrowding. 4. The extent of the effects on the future development of the surrounding area; and The proposed minor subdivision will result in positive impacts on the surrounding area. The two properties are platted and zoned for development. If it were not for the exponential cost of developing on Parcel D, it would have been developed with residential uses and structures in conjunction with the Chamonix Vail Neighborhood. As a result of the plat covenant and the Approved Development Plan requirements, future development on the site is limited to low density residential structures designed in compliance with the Town's adopted design review guidelines and standards. In sum, the structure built on the site will be used similarly to other structures existing in the residential neighborhood and be designed in a similar context, consistent with the adopted design guidelines and standards. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and The proposed minor subdivision is located and designed in such a manner that avoids creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities. The area surrounding the proposed minor subdivision is fully developed and properly served by existing public utilities and services. Given the infill development nature of this application, a "leapfrog" pattern of development is avoided. Infill development is a proven means of adding density within an existing neighborhood with no adverse impacts on community character within the area. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and The utility lines are sized to serve the planned ultimate population of the service area and avoid future land disruption to otherwise upgrade undersized lines. As a result of the proposed minor subdivision, a maximum of four dwellings units could be constructed on the combined area of future Parcel E. Utility providers have previously confirmed the adequacy of the size of the lines and services to accommodate the likely increase in population resulting from a total of four new dwelling units. In fact, an existing water line was looped in the neighborhood during the infrastructure installation at Chamonix Vail to better accommodate development in the area. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and The proposed minor subdivision promotes the growth of an orderly, viable community and serves the best interest of the community as a whole. Town of Vail taxpayer monies were used to acquire the Chamonix Vail property. Parcel D is a developable portion of the site. As a result of this minor subdivision approval, the Town intends to sell the vacant land for free-market and deed -restricted residential development. Net proceeds from the sale of future Parcel E will help to reduce the taxpayer subsidy provided in the original purchase, and subsequent development, of the property. Further, this minor subdivision creates an opportunity for infill development. Infill development is often a preferred means of growth of a community as it takes advantage of existing services and infrastructure without expanding the community boundaries to accommodate growth. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed minor subdivision results in beneficial impacts on the natural environment, including vegetation, undeveloped hillsides, wildlife and other desirable natural features. Given the infill nature of future Parcel E, and the land disturbance already existing from the installation of public utilities and the construction of Chamonix Lane, one additional built structure within an already existing built -out neighborhood is not detrimental to the natural environment. In fact, it could be argued that accommodating infill development has less of a negative impact on the natural environment than greenfield development achieved through expansion of the Town's municipal boundary. An alternative to infill development would be to accommodate growth and expansion on undeveloped areas surrounding the boundaries of the community. 9. Such other factors and criteria as the commission deem applicable to the proposed subdivision. C. Zone District Boundary Amendment: Factors, Enumerated: Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: (1) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The zone district amendment is consistent with the applicable elements of the adopted goals, objectives and policies outline in the Vail Comprehensive Plan. As proposed, the amendment increases the amount of land area in the Town of Vail designated for deed -restricted housing, yet maintains the availability of town -owned facilities most often associated with development in the General Use District. Arguably, this amendment is not only compatible with the development objectives of the Town, but it advances the Town's development objectives by increasing opportunities for desirable outcomes that may not exist otherwise. This amendment furthers the Town's housing goals and advances the Vail Town Council critical actions, as identified in the Vail Town Council Action Plan 2018-2020. (2) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents; and The zone district amendment is suitable with the existing and potential land uses on the site as well as the existing and potential surrounding land uses. As proposed, a 5,291 square foot portion of Parcel A is being added to future Parcel E in accordance with the Town's subdivision regulations. This amendment ensures that zone district designation of future Parcel E is consistent with existing Parcel D. Parcel D, as zoned, provides for both free-market and resident -occupied, deed -restricted residential uses. Since the development potential of future Parcel E is based upon approval of an Approved Development Plan, and not a proportional percentage of the lot area, this additional land area does not proportionally impact the size of any future structure, or increase the intensity of the future uses on site. The additional square feet of land area to be zoned into the Housing District does not negatively impact existing and potential surrounding land uses. (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The zone district amendment presents a harmonious, convenient, and workable relationship among land uses which are consistent the Town's development objectives. For instance, when this portion of Parcel A is rezoned to the Housing District, it increases the constructability of development on future Parcel E, given the recta -linear configuration of the site. Moreover, the change in zoning increases the marketability of the property, thereby increasing the economic incentive granted by the Zoning Regulations to support resident -occupied, deed -restricted homes within the community. In many ways, this application achieves and supports exactly what is intended by the Town's development objectives. 10 (4) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and The zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning. The requested change from the General Use District to the Housing District allows the entire site to be zoned consistent with the Town's development objectives and further supports the Town's goal of acquiring 1,000 new resident -occupied, deed - restrictions by the year 2027. According to the 2018 Housing Policy Statements adopted by the Vail Town Council, "Housing IS Infrastructure" and infrastructure is the support system of a whole community. Further, it is unclear how a claim of "spot zoning" could apply to this application, and therefore, irrelevant and does not pertain. (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The zone district amendment has no negative impacts on the natural environment. As presently zoned, both the General Use District and the Housing District grant certain development rights. One would be hard pressed to characterize future Parcel E as critical habitat or ecologically sensitive for natural environment purposes. This application supports infill development. (6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and The zone district amendment is consistent with the purpose statement of the Housing District. According to Section 12-61-1, in part, the purpose of the District is, "intended to provide adequate sites for employee housing..." As proposed and covenanted, future development on the site is limited to three free-market homes and one, resident -occupied, deed -restricted home. This use is clearly consistent with the purpose provisions of the Housing District. (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and The zone district amendment is supported by demonstrated changes in conditions which are no longer appropriate or relevant. The entire Chamonix Property was purchased by the Town for an intended purpose. Parcel A was acquired by the Town of Vail to construct a fire station in West Vail. To do so, Parcel A was platted and zoned to the General Use District. As a result, the fire station has been completed as planned. The 5,291 square foot portion of Parcel A is no longer needed to accomplish the development objective and may not have been included in the original plat had it been known at the time. 11 Further, Parcel B and Parcel C were created to support the development of resident -occupied, deed -restricted homes. The new Chamonix Vail Neighborhood was completed on the combined area of Parcels. Parcel D was subsequently created to accommodate future residential development. The inclusion of a portion of Parcel A, through a minor subdivision, supports that purpose. Changing the zoning to the Housing District achieves the Town's development objective for future development on Parcel E without negatively impacting the current or future use of Parcel A. (8) Such other factors and criteria as the commission deems applicable to the proposed rezoning. D. Conditional Use Permit: Factors Enumerated: 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 development objectives of the town. Free-market (non -deed -restricted) homes are an allowed use in the Housing District provided their sole purpose is to subsidize resident -occupied, deed -restricted housing on the property. Upon approval of the five development applications, the Town of Vail intends to sell Parcel E, with covenants, for free-market and deed -restricted residential development. Arguably, the relationship and impacts of free-market development are no different than deed -restricted development. The only difference is who is permitted to occupy the home. Residential uses are permitted on the site today. This application does not change the uses on the site. 2. 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 facilities needs. The conditional use permit will have no negative effects upon the light and air, distribution of population, transportation facilities, etc. Again, residential development is permitted on the site today. This application does not result in any negative impacts simply because of who is permitted to occupy the homes. 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 streets and parking areas. The conditional use permit will have no negative effects upon traffic. Future development on the site shall be designed to comply with the Town's adopted standards for development. Again, residential development is already permitted on the site today. This application does not result in any negative impacts simply because of who is permitted to occupy the homes. For 12 example, residents of deed -restricted homes do not have any greater or lesser impact on removal of snow than residents of free-market homes. 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 conditional use permit will not have a negative effect upon the character of the area, including scale and bulk of the proposed use in relation to the surrounding area. As contemplated, and prescribed by the development standards proposed for Parcel E, the new residential structure will be similar in scale and bulk to similar residential structures in the immediate vicinity. For example, by covenant and development approval, the new residences will be a maximum of 7,200 sq. ft., respectively with a maximum building height of 44 feet. According to Eagle County Assessor's information, existing multiple -family homes in the immediate vary greatly in size, with the most adjacent homes being approximately 7,200 square in size and 44 feet in height or less. 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. An environmental impact report is not required by Chapter 12 of the Vail Town Code, and therefore, waived by the Administrator. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and A total of four dwelling units are proposed on future Parcel E. Three of the dwelling units are non -deed -restricted and one is deed -restricted. The Vail Town Council intends to sell future Parcel E upon approval of the minor subdivision, zone district amendment, conditional use permit, and amendment to the approved development plan. Net proceeds from the sale will be used to reimburse the Town's housing fund for a portion of the nearly $4M subsidy provided to facilitate the development of the Chamonix Vail Neighborhood. B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and A total of three, non -deed restricted dwelling units are proposed. Upon approval, 36 homes total will be provided within the Chamonix Vail Neighborhood; only three if which are not deed - restricted. As such, approximately 8% of the total number of dwelling units are free market. Furthermore, pursuant to the Approved Development Plan (PEC15-0019), "up to 40,000 square feet" of GRFA is allowed on Parcel B and Parcel C. A total of 7,200 square feet, or only 18%, of 13 free-market GRFA is proposed on future Parcel E. The Zoning Regulations would allow an additional 4,500 square feet, or 11.25%, of GRFA C. Dwelling units are only created in conjunction with employee housing, and The three non -deed -restricted dwelling units may only be constructed on future Parcel E, provided the one, deed -restricted dwelling unit is 1) either already completed and obtained a certificate of occupancy, or 2) is being constructed simultaneously with the non -deed -restricted units and obtained a certificate. Either way, the deed -restricted dwelling unit is provided in conjunction with the non -deed -restricted dwelling units. D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. The three, non -deed -restricted dwelling units are compatible with the site and the buildings and uses on adjacent properties. In fact, in many ways, the proposed development enhances the transition of the site from larger -sized multiple family buildings to smaller -scaled residences to the west and north of the development site. Variance Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The applicant's request is approval of a variance to construct a multiple -family structure with an attached EHU on future Parcel E. According to the Vail Town Code, structures can be built on slopes of 40% or greater without a variance. Multiple -family structures have been permitted on slopes of 40% or greater elsewhere in Town, subject to prescribed development standards (i.e. density control, setbacks, building height, site coverage, off-street parking, etc.) without any negative impacts to existing or potential uses and structures in the vicinity, it is reasonable to infer that the same will be true on the future Parcel E housing site. Examples of which include Middle Creek Village Apartments, Solar Vail Apartments and the Chalets at Mountain Plaza. These were all completed without resulting in negative impacts to the immediate or surrounding areas. A slope stability report was completed by the consulting geotechnical engineers with Ceasare, Inc. The purpose of the analysis was to determine the feasibility of developing a multiple -family structure on the site given the existing slope conditions and the presence of a two-tiered retaining wall immediately adjacent to the south. In analyzing the site and completing the report, the consulting engineers relied upon actual "as -built" conditions to make their findings. The conclusions of the report found that the site was suitable for development provided any future structure has a setback of 25' from the southerly property. Additional analysis is recommended, though not required, by the engineers at the time of design review application submittal. As a result, the future multiple -family residential structure use of the site may undergo additional review 14 to further verify compatibility with the existing uses in the vicinity in the immediate vicinity of the site. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. The variance request is to allow a multiple -family structure with an attached EHU to be constructed on a site in the Housing zone district with slopes 40% or greater. The degree of relief requested from this provision of the Vail Town Code is the minimum amount needed to achieve uniformity of treatment among sites in the district without a grant of special privilege. The presence of the 40% or greater slope condition is the result of several factors. First, the natural topography of the area results in some areas having slopes 40% or greater. Second, the construction of Chamonix Lane and the sluffing of road grade materials down the slope exacerbate the steepness of slope conditions of the site. This road sluffing condition is prevalent outside the platted Chamonix Lane right-of-way. The inconvenient truth of the Town's housing shortage is that greater attention was granted to free- market development in the early days of Vail than was granted to addressing the need for deed - restricted housing. As a result, the more easily developed sites, ones which had no physical hardships or faced any practical difficulties, thereby requiring no variances to develop, were quickly gobbled up and already built upon. In the end, many of the properties now zoned to the Housing district are what is leftover and in the least ideal locations from a development site suitability standpoint. These properties, for example, are negatively impacted by practical difficulties such as challenging access, marginal soils, steep slopes, floodplains and wetlands, geologic hazards, and other similar difficulties. To verify this point one simply needs to look to other Housing district sites to appreciate the resulting difficulties first hand. Timber Ridge Village Apartments were faced with steep slopes and high severity rockfall conditions which caused the need for variances to construct 15 -foot tall retaining walls. Similarly, the Lionsridge Apartments too were faced with naturally occurring steep slopes, road sluffing conditions, and moderate severity rockfall conditions that created the need for substantial rockfall mitigation and retaining over 20 -feet in height. The Solar Vail Apartments were impacted by greater than 40% slope conditions requiring the need for variances. Further, the Middle Creek Village Apartments were constrained by both steep slopes and the Middle Creek drainage floodplain, and, the Arosa Duplex was negatively impacted by a debris flow hazard limiting its development potential to something less than otherwise permitted by zoning. The Chamonix Vail Parcel E falls into the same category of practical difficulties as similar Housing zoned developments. To ensure compatibility of future development on the site a companion development plan application has been provided. The companion plan ensures the appropriateness of development with many of the development standards consistent with the Housing zone district. As a result, a multiple -family structure is permitted with the grant of a variance on slopes 40% or greater; any future development on Parcel E will achieve compatibility, consistency and uniformity with the development objectives of the Town Code without a grant of special privilege. 15 None of the practical difficulties or physical hardships described upon are the cause of any actions taken by the applicant. 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 requested variance will have no negative impact or effect on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. This portion of the Chamonix Vail Community has been intended for development since its original platting and, in fact, could have supported increased density and populations. Moreover, some community members have suggested that significantly more density should have been developed on the site, including within the area of future Parcel E. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. The availability of affordable housing remains the #1 most critical issue facing the Vail community. This issue has been at the forefront of community issues as far back as the adoption of the 1973 Vail Plan. At that time, the community identified three critical issues facing the future success of the community. They included: 1) Loading and delivery 2) Parking 3) Seasonal Housing It should not be inferred that little, or nothing, has been done to address the housing needs of the resort community. It is quite the opposite. A significant amount of action has taken place over the past 45 -plus years. Today, the Vail community has acquired an ownership interest in more than 815 deed -restricted homes. The reality, however, is that even with more than 875 deed -restricted homes; the demand for housing still far exceeds both the current and projected supply. Most recent figures provided by the 2018 Eagle River Valley Housing Needs and Solutions Report indicates there will be a shortfall of approximately 4,030 homes with the Eagle River Valley in the year 2020. While the approval of this application results in only one additional deed -restricted home, overall, it further supports the future creation of additional housing through the utilization of nearly one-half acre of already platted and otherwise developable land area in the Town of Vail. Amendment to an Approved Development Plan: 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. W. The proposed amendment to the approved development plan focuses on the development standards and land use regulations. Considerations such as architecture, character, scale, massing, etc. are intended to be addressed during the design review process by the Town of Vail Design Review Board. To that end, to ensure these considerations are addressed consistently, the Town's adopted design standards and guidelines shall apply. Please see the Amended Approved Development Plan (Phase 1 and 2) for all required information concerning the Development Plan. 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. See Criteria A. above. 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. See Criteria A. above. D. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. See Criteria A. above. 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. An environmental impact report is not required by Chapter 12 of the Vail Town Code, and therefore, waived by the Administrator. F. Compliance with the Vail comprehensive plan and other applicable plans. See Section III A (A)(1) of this memorandum above. 17 Vail Land Use Plan Attachment F: Chamonix Master Plan Chamonix Master Plan 6 January 2009 Adopted by Resolution No. 2, Series of 2009 Amended July 29, 2019 Prepared For the Town of Vail by Formatted: Centered Formatted: Left 1 STAB CLAl1SIN ASSOCIATERmf +� Drexel, Barrell & Co, architects F-1 Vail Land Use Plan Attachment F: Chamonix Master Plan Acknowledgements The Chamonix Area Master Plan Amendment is the result of over a year of work on the part of many individuals. Without the effort of the Vail Town Council, the Chamonix Advisory Committee, the Planning and Environmental Commission, the Vail Local Housing Authority, and Town of Vail Staff the Chamonix Area Master Plan would not have been completed. Vail Town Council Planning and Environmental Commission Dick Cleveland, Mayor Bill Pierce, Chair Andy Daly, Mayor Pro -Tem Rollie Kjesbo, Co -Chair Kevin Foley Michael Kurz Mark Gordon Sarah Robinson- Pala dino Farrow Hitt Scoff Proper Kim Newbury Susie Tjossem Margaret Rogers David Viele Chamonix Advisory Committee Vail Local Housing Authority Bob Armour Mark Ristow, Chair Jack Bergey Sally Jackle Andy Daly Steve Lindstrom Rollie Kjesbo Ethan Moore Ethan Moore Kim Newbury Mark Risfow Margaret Rogers David Viele Town of Vail Staff Consultants Stan Zemler, Town Manager Stan Clauson Associates, Inc. George Rufher, Community Dev. Director Studio B Architects Mark Miller, Vail Fire Chief Drexel, Barrell & Co. Craig Davis, Vail Fire Department Economic & Planning Systems Vail Land Use Plan Attachment F: Chamonix Master Plan Nina Timm, Housing Coordinator Scott Hunn, Former Project Planner Table of Contents 1. Project Scope 1 2. Process 3 A. Overview B. Advisory Committee C. Town Council Hearing D. Refinement of Schemes E. Sustainability 3. Final Recommendations 6 A. Advisory Committee B. Final Town Council Approval 4. Preferred Option 7 5. Procedural Requirements 9 6. Non -Preferred Options 9 7. Recommended Actions 12 8. Appendix 12 Vail Land Use Plan Attachment F: Chamonix Master Plan 1. PROJECT SCOPE The proposed design schemes for the Chamonix Master Plan Area were directed by the stated goals and objectives developed early in the community participation process. The consultant team of Stan Clauson Associates, Inc., Studio B Architects, and Drexel, Barrell & Co. identified a variety of opportunities and constraints from the unique physical characteristics of the Chamonix site. The inclusion of a fire station and student dormitory further complicated the layout and programmatic elements of the site design. The Master Plan Area is generally south facing and sloped and occupies a highly visible location off of the west Vail exit (Exif No. 173) from I- )��\\ 70. Highway commercial and strip mall commercial development characterizes the uses off of the frontage road and Chamonix Road, with residential neighborhoods characterizing the use patterns off of Chamonix Lane. The Chamonix Master Plan Area is located near fo bus stops on both the West Vail Red and Green Loop transit lines. Commercial and employment opportunities are located in the commercial areas within walking distance of the site. The Town Council identified eleven development goals fo direct the master planning process. These goals were: • The site is fo be used for development of a fire station and empleyee housing consistent with the provisions of the Housing IHI District. • Housing for sfudenf fire department employees should be considered in the design of the fire station. • An ambulance substation could be an ancillary use on the site. •—Energy-efficient and sustainable design and construction techniques are Vail Land Use Plan Attachment F: Chamonix Master Plan important. Certification by a particular program (LEED, Green Globes) is to be investigated, although not mandatory. Formatted: Indent: Left: 0.53" inn I9 r.+ of he g E48'08I..r.8d 1;h.. I.J h-8 .488d r8S+r'.-.+8d feF SGI8 r.l...,.-..-. hGUSiar. With , „+ o fWG RGI +hFee h-edr,,,,m , ni Housing within the site shall be consistent with the permitted and conditional uses of the Housing IHI District. • The site should be optimized to provide the greatest amount of employee housing. To achieve this optimization, it is likely a financial subsidy will be required. • Re -zoning the site to Housing (H) District is preferred to allow flexibility in design and development and recommended by this plan.. • Additional traffic onto Chamonix Lane should be limited. • One-story of development along Chamonix Lane is acceptable. • All financing and phasing options will be considered, including the development of free-market homes, as allowed as conditional uses in the Housing IHI District, to offset the cost of construction. • I.I8W .-.8E48S+r'91.G*. . d +81; She ld 198 :.J...J Rd SUr R o ghbGFhGGd fe ether d,ith.n. I.A/ost\/441. €mcSiRg PPdPr�(4R The charge made by the Vail Town Council to "optimize the site" required that the planning concepts developed by the design team be evaluated in the context of adjacent uses. The ultimate goal was to provide a plan for the Chamonix Master Plan Area that balanced the concepts of density, neighborhood impact, and traffic and parking concerns with aesthetics, sustainability, and value in a way that would address the community need for additional affordable housing in a contextually appropriate way. The target group for the Chamonix development was families. The target group income was determined to fall within 60-120% of the Area Median Income (AMI) range for Eagle County, with a possible inclusion of incomes up to 140% of AMI. In current dollars, this equated to a household income range of $47,000 to $94,000, with a possible excursion to $110,000. 2 Vail Land Use Plan Attachment F: Chamonix Master Plan An important component fo the site plan for the Chamonix Master Plan Area was the inclusion of a new fire station. Members of the Town Council recommended the fire station be segregated from the residential use of the Chamonix development for safety and noise reasons. Dedicated access for emergency equipment was requested, as was the incorporation of a community room for public gathering. A student dormitory, fo help alleviate the cramped conditions experienced by fire department recruits, was also requested. Finally, provisions for possible Ambulance District participation were fo be considered. 2. PROCESS A. History of Chamonix Master Plan Area The Town of Vail acquired the 3.6 -acre "Chamonix Parcel" in October, 2002, for the purpose of constructing a fire station, employee housing and land banking. To achieve the Town's goals the Town of Vail adopted the Chamonix Master Plan in 2005. The Master Plan outlined development areas for a fire station, employee housing and open space. In 2007, the Town of Vail was able fo acquire the adjacent former Wendy's Site. If was determined the former Wendy's Site was a more optimal location, from an emergency services perspective, for a future West Vail Fire Station. Based upon the acquisition of the new property, the Town of Vail determined if could better utilize fhe fwo parcels if a new, comprehensive master plan process was completed. A Request for Proposals fo hire a new consultant team was issued in September, 2007. The Team of Stan Clauson Associates, Inc., Studio B Architects, and Drexel, Barrell & Co. were retained by the Town of Vail fo develop this new Chamonix Master Plan. B. Overview During a period of six months, the consulting team developed three schemes. The three schemes, titled Neighborhood Block, Neighborhood Cluster, and Village Neighborhood, explored varying densities and infernal character. Development of the three schemes benefited from informal and formal meetings with stakeholders and Town staff and from responses fo a survey distributed fo potential residents. Members of the consultant team also attended the Fire Chief Magazine "Station Sfyle Design Conference" in Phoenix fo broaden their understanding of currenf fire station design trends. Revisions fo the three schemes were periodically presented fo 3 Vail Land Use Plan Attachment F: Chamonix Master Plan the Advisory Committee for additional input and direction, and these refinements were subsequently presented fo the Town Council. Information from the Town department heads was considered in the site planning and design guidelines for the development of the employee housing and fire station at the Chamonix Master Plan Area. Information from other sources was balanced with the input gained from the Focus Groups. C. Advisory Committee On 16 January 2008 a "Kick -Off' meeting was held for the purpose of introducing the Chamonix Site Master Plan project fo the Advisory Committee. The Advisory Committee, which was selected by Town of Vail staff as well as citizens, consisted of representative from the Town Council, the Planning and Environmental Commission, the Housing Aufhorify, the Vail Fire Department, Community Development, and two Citizens at Large. Duties of the Advisory Committee consisted of reviewing previous master planning efforts produced for the Chamonix site, engaging in discussions on new opportunities and changed conditions fo be considered during the new master planning effort, and issuing recommendations fo the consultant team on the parameters that would guide the process and the creation of alternative development scenarios. D. Town Council Hearing 4 Vail Land Use Plan Attachment F: Chamonix Master Plan The Town Council received an update on the work to date on 20 May 2008. The consultant team presented three schemes which ranged in total unit counts from 50 to 70 units. Optimizing the density of the site, the Council's charge at the outset of the master planning effort, was not construed to mean that the maximum number of units possible for the site should be sought. Rather, the consultant team sought a balance between number of units and resident population, with special consideration given to the qualify of the experience of living in and around the development. The Town Council instructed the design team to seek a middle path on density, considering infernal views and character of the surrounding neighborhoods. There was also a discussion of unit sizes, with the Council inclining toward larger units of two, there and possibly four bedrooms. E. Refinement of Schemes Based on the Council's comments and the request accommodate more family- orienfed units, the schemes were refined to concentrate on the creation of two and three bedroom units. Units ranged in size from 768 sq. ff for 1 -bedroom units, 1,292 sq. ff. for 2 -bedroom flats, 1,333 sq. ff. for 2 bedroom loffs, 1,460 sq. ff. for 3 -bedroom units to 1,632 sq. ff. for 3 bedroom duplex units. Because family housing was the stated focus of the development, one bedroom units were incorporated sparingly and generally used as "infill." There was attention to the possibility of providing 4 - bedroom units. While these were not included in the final unit mix, some units were designed with expansion potential, where a fourth bedroom could be finished later. F. Sustainability Various construction methods and site design techniques were discussed for the site which conformed to "green" practices. Both traditional on-site building methods as well as the use of offsite, factory built construction were considered for the ultimate construction of the housing structures. Based on discussions with the Advisory Committee, offsite, factory built construction became the preferred method due to the energy efficiencies as well as lower construction costs inherent with this construction method. Site design standards which focused on solar orientation, limits to site disturbance, brown -field development, open space preservation, access to transit, and on-site storm wafer retention were integrated info the three schemes as providing the basis for certifiably 5 Vail Land Use Plan Attachment F: Chamonix Master Plan sustainable construction practices. Certification of the project using a third -party certification program, such as the United States Green Building Council LEED certification process, was considered and was included in the cost estimates. The Advisory Committee determined that third - party certification would create potential advantages in the future marketing of the development, would leverage the green techniques used in the development to encourage or require other private developments to seek the same standards, and foster community pride. As a part of the third party certification process, on-site storm wafer detention, which would minimize impacts from impermeable surfaces at the Chamonix site to the municipal storm wafer system, was incorporated in to the design. 3. FINAL RECOMMENDATIONS A. Advisory Committee On 17 July 2008, the final Advisory Committee meeting was held. The consultants presented the final versions of the three schemes and, after discussing the schemes, the Advisory Committee members in attendance voted on their preferred scheme for recommendation to the Town Council. The "Village Neighborhood" scheme, which was the most dense scheme that featured an underground parking garage, received six of the fen votes cast, the "Neighborhood Block" plan received four of the fen votes cast, and the "Neighborhood Cluster" received none of the votes cast. While the Village Neighborhood became the elected preference of the Advisory Committee, a subsequent discussion after the vote fended to suggest that there was significant concern regarding the additional cost and maintenance of the sub -grade parking garage. This concern was noted and included in the report to Town Council. B. Final Council Approval On 5 August 2008, a final presentation of the three schemes was made to the Town Council. Following an update on the Advisory Committee recommendations the council voted six to one for the Neighborhood Block scheme as the preferred option. Reasons given for the preference for the Neighborhood Block scheme ranged from the middle density character of the scheme, the inclusion of open space, the mix of units, and the flexibility of unit layout. Council members voiced support for the third party certification of the project as well as for factory, off-site construction. 6 Vail Land Use Plan Attachment F: Chamonix Master Plan 4. PREFERRED OPTION Neighborhood Block IArm A. Overview The Neighborhood Block scheme contains 58 units. The following unit mix was proposed: • No 1 -bedroom units; • twenty, 2 -bedroom flats; • sixteen, 2 bedroom lofts; Vail Land Use Plan Attachment F: Chamonix Master Plan • eight, 3 -bedroom units; and • fourteen, 3 bedroom duplexes. This unit mix provided for 81,696 sq. ff. of housing with a density of 16 dwelling units per acre. A main access street, which gained access fo the site from Chamonix Road, bisected the site, with 3 -bedroom duplexes on the north side and multi -family units on the south side. An alley offers secondary access fo the multi -family units. The main street passed through the development fo fhe fire station site. While access fo the fire station was intended fo be limited, this configuration allowed for dual points of access fo the site, thus alleviating infernal traffic congestion. The landscape plan located potential community gathering spots throughout the scheme. Semi -private, stepped courtyards were located between the duplex units. Turf areas were limited fo large open spaces on the east and west ends of the development. The open space on the east end could be utilized for such uses as a dog park. Landscaping on the east end was kept away from the street fo preserve sightlines at the Chamonix Road/Chamonix Lane intersection. The open space on the west end would provide a viewing area info fhe fire station operations. For safety reasons, the viewing area was segregated from fhe fire station by a series of low, landscaped walls. The landscape palette utilized native frees and shrubs. Aspens were situated along the northern edge of the site and gradually "spilled" through the spaces created by the structures. In these stands of aspen, a native undersfory of grasses (Thurber's fescue, wheafgrass and blue -wild rye) was punctuated by forbs such as columbine, common lupine, golden banner, and strawberry. Along the southern portion of the site, where retention ponds were intended fo hold and treat storm wafer runoff, more water -oriented plants took over. Blue spruce was planted densely fo act as a screen fo the commercial uses fo the south and I-70 beyond. Shrub thickets of willow and birch filled in among the spruce. B. Fire Station C The fire station design shown in the Neighborhood Block scheme was the consensus alternative of Fire District staff and the Advisory Committee. The building foundation itself provided Vail Land Use Plan Attachment F: Chamonix Master Plan retention of the steep slopes fo the north of the site, and thereby offered the most cosf- effecfive site design. 5. PROCEDURAL REQUIREMENTS Following extensive analysis of both the Chamonix Parcel and the Wendy's Site, staff determined the Official Land Use Map for the Town of Vail should be amended fo reflect the new designation of Chamonix Master Plan Area. This effort was completed n 2009. The designation of Chamonix Master Plan Area is harmonious with the residential and commercial uses in the surrounding neighborhood and achieves the development goals listed above. Both properties were rezoned fo reflect the development goals of the Chamonix Master Plan Area. The 3.6 -acre parcel commonly known as the Chamonix Parcel was rezoned from Two -Family Primary/Secondary (P/S) zone district fo Housing (H) zone district (Ordinance No. 27, Series of 2008)and the 1.25 -acre former Wendy's Site was rezoned from Commercial Core 3 (CC3) zone district fo General Use (GU) zone district (Ordinance No. 26, Series of 2008) on November 18, 2008. Ultimately, the fire station itself will require the approval of a Conditional Use Permit by the Planning and Environmental Commission (PEC) in the General Use (GU) zone district as if is a conditional use rather than a permitted use in all zone districts. The master plan is intended fo be used as the development guide for the Chamonix Master Plan Area. The plan identifies the location for the fire station and the employee housing. The plan locates the highest density employee housing fo the south of the lower density employee housing. This layout ensures the greatest compatibility with the adjacent neighbors. Locating the fire station on the southern edge of the property also locates this more commercial type use farthest from residential development. 6. NON -PREFERRED OPTIONS A. Neighborhood Cluster Overview The Neighborhood Cluster scheme contained 50 units. Unit mix consisted of: 9 Vail Land Use Plan Attachment F: Chamonix Master Plan • four, 1 -bedroom units; • eight, 2 -bedroom flats; • sixteen, 2 -bedroom loffs; • fourteen, 3 -bedroom units; and • eight, 3 -bedroom duplexes. !i a M �00_ - The unit mix provided for 68,232 sq. ff. of housing with a density of 14 dwelling units per acre. A main access street, which gained access fo the site from Chamonix Road, passed through the site fo fhe fire station, again offering dual points of access. Access fo fhe fire station was limited for safety reasons. Mulfi-family units were situated off the north and south side of the access road. Drives extend fo the north off the main street fo duplex units. The landscape plan, similar fo the Neighborhood Block scheme, located community 10 Vail Land Use Plan Attachment F: Chamonix Master Plan gathering spots throughout the design. These community spots utilized terraced courtyards which were located off of infernal pedestrian circulation routes. As with the Neighborhood Block scheme, turf areas were provided on the east and west ends of the development, connected by a pedestrian frail. The turf area on the eastern portion could be utilized for an amenity such as a dog park, while the western turf area offered a segregated vantage point of the fire station operations. B. Village Neighborhood Overview The Village Neighborhood scheme contained 70 units. This scheme offered a combination of lower density duplex and multifamily units and a multi -story, multi- family structure. Unit mix consisted of: • nine, 1 bedroom units; • fhirfy-fwo, 2 bedroom flats; Vail Land Use Plan Attachment F: Chamonix Master Plan • no 2 bedroom loffs; • sixteen, 3 bedrooms; and • fen, 3 bedroom duplexes. The unit mix provided for 87,936 sq. ff. of housing with a density of 19 dwelling units per acre, the highest density of the three schemes. The main access fo the site is via Chamonix Road. The entry road offered a traditional neighborhood lane, with duplex units fo the north and multi -family units fo the south. The lane terminated in the plaza located in the center courtyard of the multi -story, multi -family structure. The plaza was of a more urban character, with paving that allowed for pedestrian and occasional vehicular access as needed. A raised landscaped platform in the center offered a green gathering spot for residents. A parking structure was located below the plaza and provided parking for the residents of the multi -storied structure. The parking structure was accessed via a dedicated entrance off of the frontage road. As in the previous schemes, open space was provided on the eastern and western ends of the site, with similar possibilities for programming. 7. RECOMMENDED ACTIONS A. Amend the Vail Land Use Plan. • Planning and Environmental Commission recommendation on December 22, 2008 • Vail Town Council adoption, on first reading of Ordinance No. 1, Series of 2009, scheduled for January 6, 2009 B. Rezone the "Chamonix Parcel" fo Housing (H) District. • Occurred on November 18, 2008 (Ordinance No. 26, Series of 2008) C. Rezone fhe "Wendy's Site" fo General Use (GU) District. • Occurred on November 18, 2008 (Ordinance No. 27, Series of 2007) D. Complete the final Chamonix Affordable Housing Development Cost and Revenue Analysis by Economic & Planning Systems. • Draft complete on December 9, 2008 E. Complete a site and unit mix specific market study fo determine demand for the development, based on the pre -determined area median income target. • Initiated Phase II of contract with Economic & Planning Systems on December 16, 2008. Anticipated completion by February 15, 2009. 12 Vail Land Use Plan Attachment F: Chamonix Master Plan 8. APPENDIX A. Neighborhood Block Site Plan B. Chamonix Affordable Housing Development Cost and Revenue Analysis C. Vicinity Map Vail Land Use Plan Attachment F: Chamonix Master Plan Appendix A 14 o z I I 1 � ISI i 14 Vail Land Use Plan Attachment F: Chamonix Master Plan Appendix B CHAMONIX AFFORDABLE HOUSING DEVELOPMENT COST AND REVENUE ANALYSIS Prepared for: Town of Vail Prepared by: Economic & Planning Systems, Inc. December 9. 2008 15 Vail Land Use Plan Attachment F: Chamonix Master Plan TABLE OF CONTENTS I. Introduction ................. Project Background .......... Scope of EPS Analysis........ II. Comparative Analysis Comparative Projects III. Feasibility Analysis PAGE 2 2 2 .............................................. 3 .............................................. 3 FA ProjectCosts....................................................................................................... 9 Project Revenues............................................................................................. 10 CostScenerios.................................................................................................. 12 IV. Findings...................................................................................................... 18 Cost Considerations........................................................................................ 18 UnitSubsidy....................................................................................................... 19 Buyer Lending Issues........................................................................................ 19 Additional Considerations.............................................................................. 20 76 LIST OF TABLES Vail Land Use Plan Attachment F: Chamonix Master Plan PAGE Table 1 Total Project Costs.......................................................................... 10 Table 2 Affordability Calculation. Table 3 Subsidy at Optimal AMI Levels 13 Table 4 AMI Levels for Stick Build & Standard Subsidy ............................ 14 Table 5 AMI Levels for Modular & Standard Subsidy ............................... 15 Table 6 Incomes Required to Cover Costs of Stick Built Construction . 16 Table 7 Incomes Required to Cover Costs of Modular Construction... 17 Table 8 Summary of Findings....................................................................... 18 77 Chamonix Master Plan I. INTRODUCTION The proposed Chamonix affordable housing project site is located on Chamonix Lane in close proximity fo the West Vail interchange. The Town purchased the site several years ago for the purpose of constructing housing. The former Wendy's site was purchased more recently for the purpose of constructing a fire station. Collectively, the two sites total 5.5 acres and are slated for housing and the fire station. Surrounding land uses in the area consist of highway oriented commercial development. Further north from the highway along Chamonix Lane, the land use pattern is composed of both single family and multi family residential uses. PROJECT BACKGROUND The Town of Vail recently retained Stan Clauson Associates, Inc. fo complete a site plan and cost estimation for an affordable housing project on the Chamonix site. As part of the work, Clauson identified three possible development programs with varying levels of density and building types. Clauson's work also estimated costs associated with construction, engineering, and landscaping of the scenarios for both stick built and modular construction. In addition, the report considered additional costs and fees associated with achieving LEED certification. The analysis was completed in the fall of 2008. From this work, the Town Council identified scheme 1, Neighborhood Block, as the favored development program. Included in this program are 58 total units with an overall density of 16 dwelling units per acre. The project cost estimated by Stan Clauson ranges from $16.7 fo $23.3 million depending upon the building construction method. As part of the evaluation of the project, the Town seeks fo develop a full understanding of any and all costs in addition fo land costs that may occur throughout the course of the project's implementation. SCOPE OF EPS ANALYSIS Economic & Planning Systems (EPS) was retained by the Town of Vail fo conduct a feasibility study of the project, building on the work done by Stan Clauson Associates. First, EPS researched comparable projects within Summit County, the Roaring Fork Valley, and Eagle County fo identify prominent factors influencing the overall economics of a number of projects. Second, EPS modeled potential Chamonix project revenue based on targeted AMI levels. Project revenue was then compared fo estimated costs, including additional cost factors identified by EPS, fo determine the AMI requirements needed fo provide sufficient revenue fo make the project feasible. 2 Chamonix Master Plan II. COMPARATIVE ANALYSIS EPS compiled comparative cost information for seven projects in the Roaring Fork Valley, Summit County, and Eagle County based on interviews with project representatives. This section discusses the individual projects and then summarizes the relevant findings. COMPARATIVE PROJECTS SUMMIT COUNTY Vic's Landing The Vic's Landing project is located in the Town of Breckenridge across from the Breckenridge Golf Course on Tiger Road. The project was spurred by an annexation request by the developer, Tom Silengo, and the corresponding request for wafer taps. As part of the annexation, the Town's inclusionary housing requirement was triggered. The Town required the developer to construct 24 affordable units in exchange for entitlements for 12 market rate units. Town contribution to the project viabilifywas limited to fee waivers and the entitlement of the 12 market units. The project is evenly split between one- and fwo-bedroom units with target AMI levels of 80 and 100 percent. The 24 -unit project consists of six four-plexes. One -bedroom units are priced at $185,000 and target income levels at 80 percent of AMI. Two-bedroom units target both 80 and 100 percent of AMI and are priced at $229,500 and $285,000 per unit. Among other standards, the deed restriction limits annual appreciation to three percent or the increase in local AMI, dependant upon whichever measure is higher. In addition, resales of the units are subject to income testing on the part of the buyer with a 10 percent income level tolerance. Closings began in April of 2008. The one -bedroom units in the project are sold out. Approximately half of the two bedroom units are sold. If should be noted that the two bedroom units were completed later and thus have been impacted to a greater degree by current credit restrictions. Federal Housing Administration (FHA) approval of the project was not originally sought, although an effort on the part of the developer is currently being made to receive approval. The approval is expected to broaden market demand as buyer financing will become more available. Chamonix Master Plan Valley Brook Valley Brook is a project in the final planning stages also located in the Town of Breckenridge on northeast corner of Airport Road and Valley Brook Street. The proposed project is being developed on a fee basis by Mercy Housing Colorado as a result of a Town issued RFQ in November 2007. As currently proposed, the project includes 42 units targeting income levels at 80 and 100 percent of AMI. The project is composed of fwo- and three-bedroom units in two-story fownhomes. Approximately 52 percent of the units are targeted for AMI of 80 percent or less and 48 percent of the units are targeted for AMI of 100 percent or less. Units at 80 percent range in price from $133,000 fo $160,000 per unit. Prices at 100 percent range from $200,000 fo $250,000. Similar fo Vic's Landing, the deed restriction limits annual appreciation fo three percent or the percent by which AMI increases. Hard costs are currently estimated at $184 per square foot with total a total square foot cost of $230 per square foot for hard and soft costs as well as site work. The cost excludes land and off-site costs. Construction prices have increased approximately 10 percent from the time of that the project was initially bid. However, both the developer and representatives from the Town expect fo benefit from a downward renegotiation of costs. The developer is charging a one-time fee equivalent fo approximately four percent of total costs, although a 10 percent fee is Typically used by the developer. The project is being developed with a high level of subsidy with contributions from town, state, and federal sources. In total, if is estimated that grant funding will account for $4.7 million of the project's budget, or approximately 38 percent of total costs, which does not include costs of land (which was contributed fo the project by the Town). The subsidy figure does include fee waivers by the Town. In addition, the Town may also contribute an additional subsidy in grant funding. Af this time, the subsidy per unit is estimated at $117,000 per unit. Roaring Fork Valley Rodeo Place The Town of Snowmass has recently completed the first homes in Rodeo Place, a 27 -unit affordable housing development located near the Rodeo Grounds. The project is located within the Town of Snowmass, approximately half the distance between the base area and Highway 82, and is highly visible fo traffic along Brush Creek Drive. The project consists of 20 single family homes, two duplexes, and one triplex. Phase I accounts for 15 of the 27 total units. The Town finished and closed six units in the fall of Chamonix Master Plan 2008 and plans fo have the balance of Phase I completed by the spring of 2009. The homes are modular. Town staff noted that there have been problems coordinating the site work and the manufacturer resulting in project delays and cost increases. Nevertheless, the Town staff is pleased with the overall process and the qualify of the architectural design. The Town did not established AMI targets for the prospective residents but relied on surveys of interested households fo derive home prices. Approximately 50 fo 60 households with of leasf one full-time employee based in Snowmass expressed interest in the project. Most of these households have maintained interest in the project since the surveys were first distributed in mid 2007. The deed restriction, which limits appreciation fo three percent per year (among other terms), has caused some prospective purchasers fo drop out of the process. However, because housing options are limited (particularly in Snowmass), most households have maintained their participation throughout the development process and the pool of buyers has remained sufficiently large fo provide adequate demand. Based on the response fo surveys, homes were designed fo fall info a price range spanning from $300,000 fo $550,000 per unit (which translates fo an AMI of approximately 140 fo more than 250 percent). The small single family homes and duplexes are priced of $300,000, for 1,400 square feet of finished living area plus 700 square feet of basement floor area ($214 per square foot, finished). Medium sized single family homes are priced from $425,000 fo $450,000 for 1,800 square feet, plus 900 square feet of basement area ($229 per finished square foot). The largest are priced of $550,000 for 2,150 square feet plus 950 of basement floor area ($256 per square foot, finished). Basements were not an optional feature, as the Town mandated that they be included in each home. The requirement not only ensures adequate storage, but also creates additional bedroom area fo be used for sublets and/or roommates, increasing the number of employees that can be housed locally. The construction costs range from $210 fo $225 per square foot and covers only vertical costs. The Town absorbed costs for all on-site infrastructure improvements as well as soft costs related fo the site engineering and architectural design. While staff did not have specific costs for these services, they estimate a 25 percent increase for these costs resulting in a total cost of $262 fo $281 per square foot. The Town had acquired the land previously and contributed the cost of the land as a form of subsidy. Subsidies range from $33,000 fo $80,000 per unit based on an average construction cost of $271 per square foot. The smaller units generate $300,000 of revenue while construction costs total $380,000 (1,400 * 271), resulting in a net subsidy of $80,000. The medium sized units required a subsidy of $50,000 and the largest units were subsidized by $33,000. The average among all three unif types is $54,000. 5 Chamonix Master Plan Burlingame Ranch Burlingame Ranch is a 21.5 acre affordable housing development in the Town of Aspen located off Highway 82 fo the north of the Bar/X Ranch. The project is entirely dedicated fo affordable housing and planned fo be developed over three phases and will include a total of 236 units. To date, 91 units have been constructed on the site. Income targets for the project range widely, although the majority of the units accommodate income levels that range from approximately 80 fo 140 percent of AMI. (Nofe that the Aspen Housing Office sets its own median income and corresponding AMI levels. The targets shown here are approximate.) The first phase of development includes 15 one bedroom units, 30 fwo bedroom units, 39 three bedroom units, and 7 single-family lofs. Most of the units are fownhomes. In addition fo the identified income limits, residents are also required fo earn a minimum of 75 percent of their yearly income within Pitkin County. The units are deed restricted fo three percent annual appreciation or the percent by which the Consumer Price Index (CPI) increases. All 91 units included in the first phase have been sold. An extensive audit of Phase I costs in Burlingame Ranch was completed as a result of a brochure that was published in 2005 misstating the total cost of the project fo the public. The average sales price per unit (including lofs) for the project was approximately $230,000. Hard costs for the project averaged $170 per square foot with an average total cost of $202 per square foot of hard and soft costs (which exclude land, off-site, and mitigation costs). Including land and all other costs, such an off-site infrastructure, mitigation, and community benefits, the total project cost $236 per square foot. The project's audit indicates a per unit subsidy of $331,567, or approximately 59 percent of the project's costs. This contrasts with an anticipated subsidy of $184,455 per unit. The increase is largely attributable fo programmatic changes made by Council as well as shifting AMI targets fo lower levels. The project costs increased by $11.7 million, resulting in relatively high per unit subsidies. Iron Bridge Iron Bridge is an affordable housing development located in Garfield Counfy between Carbondale and Glenwood Springs. The affordable component of the project is part of the larger 300 home development by Iron Bridge Homes, LLC. The inclusion of affordable units in the development was a requirement of Garfield County's inclusionary housing ordinance triggered by the developer's request for a Planned Unit Development (PUD) density increase. A total of 30 deed restricted affordable single family units were required. County representatives expect 24 fo be completed on site and another six fo be addressed via fees -in -lieu. Chamonix Master Plan The affordable units are all comprised of 3 -bedroom 2 -bath units with an average size of 1,430 square feet. The units are targeted fo families earning 80 percent or less of AMI and working in Garfield County. The units are priced at $230,000 as a result of calculation of AMI based on a 6 -person family. Garfield County has since amended their ordinance fo limif the amount of people able fo be included in the AMI calculation and maintain lower price points. The units are deed restricted fo three percent annual appreciation or the percent by which the Consumer Price Index (CPI) increases (among of her requirements). Sales within the affordable component have been slow, as the developer has closed on only four units However, the balance of the project is under contract and the remaining 20 units are awaiting their certificate of occupancy which has been delayed as a result of the involvement of Lehman Brothers in the construction loan. As a result, the completion of the units and release has been delayed several months. No County or other public subsidy was used in the construction of the units. Developer representatives report that their approach was fo sell the units at the cost of vertical construction and shift costs related fo land, infrastructure, and soft costs fo the market rate portion of the development. Vertical construction costs are estimated range from $160 fo $175 per square foot. The project is not currently FHA approved, although the developer and County are investigating the measures necessary fo become approved. EAGLE COUNTY Stratton Flats Stratton Flafs is a 47 -acre housing development located in the Town of Gypsum south of Hwy 6 on the northwest side of the Eagle County Regional Airport. The developer for the project is Merifage Development Group. Af build -out the 339 unit project will include 152 single family homes, 118 fownhomes, and 69 condominiums of which 226 will include deed restrictions. Af this time, a total of seven units have been permitted on the 47.3 acre site. The affordable units target income levels at 140 percent of AMI and are evenly divided between Town of Gypsum and Eagle Counfy deed restrictions. The Gypsum restriction limits income fo 140 percent of AMI and requires that buyers earn 85 percent of their income in Eagle County. The Eagle County deed restriction limits income fo 140 percent of AMI and includes a cap on annual appreciation based on the increase fo the local AMI. Units with the less restrictive Town of Gypsum deed restriction are priced at approximately $320,000 fo $350,000 for fownhomes and between $180,000 and $245,000 for condominiums. Units with the Eagle County restriction are priced at $350,000 for single family units, $300,000 fo $330,000 units for fownhomes, and between $180,000 and Chamonix Master Plan $245,000 for condominiums. Market rate units range from $400,000 to $430,000 for single- family homes and between $340,000 and $380,000 for fownhomes. To date, the developer has written 8 contracts for units in the project. The developer reported that approximately 80 people had pursued loans without success. As a result, the developer has pursued and recently received FHA approval, which allows for 97 percent Loan-fo- Value buyer financing. The project was completed using modular construction at a total cost of $200 per square foot. From the time of initially ordering the modular units through the current point in the construction process, the developer reported a cost increase of eight percent. Within the Gypsum deed restricted units, there is a per unit subsidy of approximately $23,000 which was provided in the form of fee waivers by the Town. Eagle County units required higher subsidies of approximately $23,000 of waived Town of Gypsum fees plus $40,000 per unit which was provided through a $4.5 million equity investment in the project by Eagle County in the form of a subordinated position. Eagle Ranch Village Eagle Ranch Village is a land development project by East-West Partners located in the Town of Eagle off Grand Avenue on Sylvan Lake Road. The project includes approximately 60 units which were constructed as part of the Town's inclusionary housing ordinance and were constructed approximately five to six years ago. The affordable units within the project are housed in four-plexes within the Sylvan Square development, which is part of a larger development that includes single-family houses, entitled lots, and additional multifamily housing. The affordable units sold for approximately $300,000 per unit as compared to market rate units within the project that sold for approximately $350,000 per unit. Hard costs within the project were approximately $180 per square foot for vertical construction only. Soft costs accounted for approximately 20 percent of hard costs resulting in a total cost to approximately $216 per foot. The developer of the affordable units reported that no profit margin was received on the affordable units. No income restrictions exist on the units. The deed restriction requires that residents must live and work in Eagle County and limits annual appreciation to three percent or CPI, although this provision is waived if the seller cannot find a buyer. The Eagle County Housing Authority has the first right of purchase from the owner. The affordable units were provided a development subsidy through a land donation by East-West Partners as well as a 0.2 percent transfer fee on the market rate units. The fee is allocated by a community housing committee to individual units. Including land and the transfer fee, the total subsidy in Sylvan Square was approximately $50,000 per unit. 8 Chamonix Master Plan III. FEASIBILITY ANALYSIS EPS conducted a financial analysis fo provide a full indication of the costs the Town of Vail will incur in the development of the Chamonix site. EPS analyzed potential revenues from varying AMI levels and projected the per unit subsidies needed fo finance the project. Project Costs Town Council has indicated a preference for Scheme 1 of the Stan Clausen proposals which includes 36 fwo-bedroom and 22 three-bedroom units for a total of 58 units. EPS compiled the cost information provided by the consultant with line items for a developer's fee and contingency consideration. With these factors added fo the original estimate, the total construction cost for the "stick built" Option A is $29,523,540. The cost for the modular built Option B is $21,844,116, as shown on the following page in Table 1. 9 Chamonix Master Plan Table 1 Total Project Costs Chamonix Affordable Housing Costs and Revenue Analysis Sources & Uses Neighborhood Block Option A Option B Total Square Feet 81,696 81,696 Program 1 Bedroom 0 0 2 Bedroom 36 36 3 Bedroom 22 22 Subtotal 58 58 Costs Cost Factor Engineering $848,328 $848,328 Engineering Services 7.0% 59,383 59,383 Construction 23,283,360 16,747,680 Landscaping 748,552 748,552 LEED Certification 135,420 135,420 Subtotal $25,075,043 $18,539,363 Cost per Square Foot $307 $227 Contingency Engineering Contingency 15.0% $127,249 $127,249 Construction Contingency 10.0% 2,328,336 1,674,768 Landscaping Contingency 15.0% 112,283 112,283 Subtotal $2,567,868 $1,914,300 Fees LEED Certification Fee 0.5% 125,375 92,697 Developer Fee 7.0% $1,755,253 $1,297,755 Subtotal $1,880,628 $1,390,452 Total Costs $29,523,540 $21,844,116 r EPS additions to Stan Clauson estimate Source: Economic & Planning Systems, Stan Clauson Associates Project Revenues EPS estimated appropriate sales prices based upon an Average Median Income (AMI) of $75,000 for a household of three in Eagle County, as shown in Table 2. Target home prices range from approximately $228,000 at 80 percent of AMI to $407,300 at 140 percent AMI. a c CL Q) .x O U 0 O co N N r o O C, L C M 00 O o (D r d V 12 o (0 (0 CO LO LO M O O (f) LO (f) l!7 N N� N (O } M (O 1D O O ER E9 OM Oa d �O � M EFT EFT E E Qf)000 E9 5 E E N R a o a>� o� N N in LO 'IT o N o 00 00 V (� co 0 (O r CY) CY) V-) E9 M 1 - EFT ER 2 Z M M OM 00 00 (0 (f) co O c6 O V V N O Q1 0 1� M EFT ER M M E ON O o V V O 1— N O c6 O O O �� L O of 0) a e» r 0 r rn 000 000 ER ER O � ss m coo 0 N M M � � N LO 0 01 La C�00 O O N— N O O V V 00 6'� Z (� r I- � va 0co ER ER Q!) a00o La N N o (0 (0 0) N O a O m O 00 00 I� (0 � — La � ' La N � � M N r co 61Y 60 V, OLa ER ER N N 60 60 O O 00 � O O O lLO (00 m M M N V) ER M co } 0 a O EFT EFT N N 60 60 N N r o O C, L C M 00 O o (D r d V � V L L d d Q N R _ O d �O � O d � 2 O E E 5 E E N R a o a>� o E> m `o ..E�a>w E0o f6 m a '� Q Q E • m m N N> N .. a y 0 0 0 0Q O 2 y 0 0 0 0 Jm 2 2 Z Q H Chamonix Master Plan COST SCENERIOS The total amount of revenue available fo the project was determined by the number of units within the project dedicated fo each income level. Tofal income was then compared fo the total project cost fo determine the net difference. This amount provides the basis of the estimate of subsidy per unit for the proposed Chamonix project in three scenarios. For this analysis, the costs are based on the San Clauson report. Stick built construction is assumed fo cost $285 per square foot and modular is assumed fo cost $205 per square foot. The field research indicates that these may be overly conservative of this time and that a lower cosf figure may be reasonable. In the analysis that follows, the original cost figures have been maintained. If is recommended that the feasibility analysis be rerun with lower figures after the Town has had the opportunity fo review them. The first scenario examined an optimal level of affordabilifywifh half of the units targeting households of 80 percent of AMI and half of 100 percent AMI. The second scenario determines the price points necessary fo reach a per unit subsidy consistent with the comparative projects in the region. The third scenario examines the per unit prices needed for the project fo break even. In the fables that follow, Scenario A refers fo stick built construction costs and Scenario B is based on modular costs. 12 Chamonix Master Plan OPTIMAL AMI TARGET An optimal AMI level of 80 and 100 percent of AMI was used in this analysis. At these levels a stick built project requires a per unit subsidy of approximately $251,000 per unit, as shown in Table 3. Modular construction at these incomes requires a per unit subsidy of $118,000. Table 3 Subsidy at Optimal AMI Levels Chamonix Affordable Housing Costs and Revenue Analysis 3 Bedroom Neighborhood Block Revenue Sources 80%AMI - 3 Bdrm. Option A Option B 2 Bedroom % of Total 0% 0 80%AMI -2 Bdrm. 50% 4,111,200 4,111,200 90%AMI -2 Bdrm. 0% 0 0 100% AMI - 2 Bdrm. 50% 5,185,800 5,185,800 110% AMI - 2 Bdrm. 0% 0 0 120% AM I - 2 Bdrm. 0% 0 0 130% AM I - 2 Bdrm. 0% 0 0 140% AM I - 2 Bdrm. 0% 0 0 Subtotal 100% 9,297,000 9,297,000 3 Bedroom 80%AMI - 3 Bdrm. 50% 2,512,400 2,512,400 90%AMI - 3 Bdrm. 0% 0 0 100% AMI - 3 Bdrm. 50% 3,169,100 3,169,100 110% AMI - 3 Bdrm. 0% 0 0 120%AMI - 3 Bdrm. 0% 0 0 130%AMI - 3 Bdrm. 0% 0 0 140%AMI - 3 Bdrm. 0% 0 0 Subtotal 100% 5,681,500 5,681,500 Total Revenue $14,978,500 $14,978,500 Project Profit/Loss Square Feet ($178.04) ($84.04) Unit ($250,777) ($118,373) Total ($14,545,040) ($6,865,616) Source: Economic & Planning Systems, Stan Clauson Associates 73 Chamonix Master Plan TYPICAL SUBSIDY Based on the research of regional projects, a representative per unit subsidy for stick built construction in a project with only affordable units is approximately $120,000 per unit. A typical subsidy for modular construction is approximately $30,000 per unit. To reach a typical stick built subsidy, the program required units fo be evenly split between 130 and 140 percent of AMI, as shown in Table 4. Af these income levels, the project could be feasible with a per unit subsidy of approximately $117,000. Table 4 AMI Levels for Stick Build & Standard Subsidy Chamonix Affordable Housing Costs and Revenue Analysis 3 Bedroom Neighborhood Block Revenue Sources 0% Option A 2 Bedroom %of Total 0 80% AMI - 2 Bdrm. 0% 0 90% AMI - 2 Bdrm. 0% 0 100% AMI - 2 Bdrm. 0% 0 110% AMI - 2 Bdrm. 0% 0 120% AMI - 2 Bdrm. 0% 0 130% AMI - 2 Bdrm. 50% 6,796,800 140% AMI - 2 Bdrm. 50% 7,331,400 Subtotal 50% 14,128,200 3 Bedroom 80% AMI - 3 Bdrm. 0% 0 90% AMI - 3 Bdrm. 0% 0 100% AMI - 3 Bdrm. 0% 0 110% AMI - 3 Bdrm. 0% 0 120% AMI - 3 Bdrm. 0% 0 130% AMI - 3 Bdrm. 50% 4,153,600 140% AMI - 3 Bdrm. 50% 4,480,300 Subtotal 50% 8,633,900 Total Revenue $22,762,100 Project Profit/Loss Square Feet ($82.76) Unit ($116,577) Total ($6,761,440) Source: Economic & Planning Systems, Stan Clauson Associates 1 "m- Ilh—I—,I�t. ­—oaav,eea-i-III Ezgecw1, *islaeverv�x 14 Chamonix Master Plan Modular construction affords a greater flexibility in the program required fo reach typical subsidies. When 50 percent of units are priced for 120 percent AMI and the remaining units are divided between 110 and 130 percent AMI, a per unit subsidy of approximately $33,000 is needed, as shown in Table 5. Table 5 AMI Levels for Modular & Standard Subsidy Chamonix Affordable Housing Costs and Revenue Analysis 3 Bedroom Neighborhood Block Revenue Sources 0 Option B 2Bedroom 0 %of Total 0% 80% AMI - 2 Bdrm. 0% 0 90% AMI - 2 Bdrm. 0% 0 100% AMI - 2 Bdrm. 0% 0 110% AMI - 2 Bdrm. 30% 3,496,900 120% AMI - 2 Bdrm. 50% 6,258,600 130% AMI - 2 Bdrm. 20% 2,643,200 140% AMI - 2 Bdrm. 0% 0 Subtotal 100% $12,398,700 3 Bedroom 80% AMI - 3 Bdrm. 0% 0 90% AMI - 3 Bdrm. 0% 0 100% AMI - 3 Bdrm. 0% 0 110% AMI - 3 Bdrm. 30% 2,225,300 120% AMI - 3 Bdrm. 50% 3,824,700 130% AMI - 3 Bdrm. 20% 1,510,400 140% AMI - 3 Bdrm. 0% 0 Subtotal 100% $7,560,400 Total Revenue $19,959,100 Project Profit/Loss Square Feet ($23.07) Unit ($32,500) Total ($1,885,016) Source: Economic & Planning Systems, Stan Clauson Associates 15 Chamonix Master Plan MINIMAL SUBSIDY The following two tables test hypothetical scenarios in which the Town pays the least amount of subsidy. For stick built construction, the project requires a subsidy of $102,000 per units even if 100 percent of the units are sold at 140 percent of AMI, as shown in Table 6. Table 6 Incomes Required to Cover Costs of Stick Built Construction Chamonix Affordable Housing Costs and Revenue Analysis 3 Bedroom Neighborhood Block Revenue Sources of Option A 2 Bedroom % of Total 0 80% AMI - 2 Bdrm. of 0 90% AMI - 2 Bdrm. of 0 100% AMI - 2 Bdrm. of 0 110% AMI - 2 Bdrm. of 0 120% AMI - 2 Bdrm. of 0 130% AMI - 2 Bdrm. of 0 140% AMI - 2 Bdrm. 100% 14,662,800 Subtotal 0% 14,662,800 3 Bedroom 80% AMI - 3 Bdrm. of 0 90% AMI - 3 Bdrm. of 0 100% AMI - 3 Bdrm. of 0 110% AMI - 3 Bdrm. of 0 120% AMI - 3 Bdrm. of 0 130% AMI - 3 Bdrm. of 0 140% AMI - 3 Bdrm. 100% 8,960,600 Subtotal 0% 8,960,600 Total Revenue $23,623,400 Project Profit/Loss Square Feet ($72.22) Unit ($101,727) Total ($5,900,140) Source: Economic & Planning Systems, Stan Clauson Associates F a1 --1—n, site F-1,11, a -I -a IEx Ii I—,xs{ —n- 16 Chamonix Master Plan The Town could hypothetically achieve feasibility with minimal subsides using modular construction costs, as shown in Table 7. The sales modular constructed units are cost neutral when 40 percent and 50 percent of units are targeted for incomes of 130 and 140 percent of AMI, respectively. Af these sales prices a small number of units can be devoted fo 120 percent of AMI. Table 7 Incomes Required to Cover Costs of Modular Construction Chamonix Affordable Housing Costs and Revenue Analysis 3 Bedroom Neighborhood Block Revenue Sources 0% Option B 2 Bedroom % of Total 0 80% AMI - 2 Bdrm. 0% 0 90% AMI - 2 Bdrm. 0% 0 100% AMI - 2 Bdrm. 0% 0 110% AMI - 2 Bdrm. 0% 0 120% AMI - 2 Bdrm. 10% 1,390,800 130% AMI - 2 Bdrm. 50% 6,796,800 140% AMI - 2 Bdrm. 40% 5,702,200 Subtotal 60% $13,889,800 3 Bedroom 80% AMI - 3 Bdrm. 0% 0 90% AMI - 3 Bdrm. 0% 0 100% AMI - 3 Bdrm. 0% 0 110% AMI - 3 Bdrm. 0% 0 120% AMI - 3 Bdrm. 10% 695,400 130% AMI - 3 Bdrm. 50% 4,153,600 140% AMI - 3 Bdrm. 40% 3,665,700 Subtotal 60% $8,514,700 Total Revenue $22,404,500 Project Profit/Loss Square Feet $6.86 Unit $9,662 Total $560,384 Source: Economic & Planning Systems, Stan Clauson Associates FII - ­­ 1a111.1.F—Ie ­­.­-AMS-1e� 1� ,I--. 17 Chamonix Master Plan IV. FINDINGS The following analysis summarizes the most prominent issues encountered in the development of the selected affordable housing projects. Issues are organized by cost considerations, subsidy levels, and buyer lending. Cost Considerations Construction costs for the projects under consideration in this report ranged from $200 to $281 per square foot, as shown on the following page in Table 8, which summarizes the costs, revenues, and subsidies for the projects evaluated. The construction cost data shown in the fable is exclusive of land, off site mitigation, and other considerations. The figures generally include hard costs, soft costs, and on-site infrastructure. Results indicate frequent instances of construction costs around $200 to $230 per square foot. Developers experienced cost escalations ranging from 8 to 20 percent from the time an initial bid was received to construction. However, project representatives repeatedly indicated that downward pressure in materials costs has fallen 20 percent from 2007 to 2008. Contractors in the planning stages are fending to renegotiate prices in light of weakening demand for construction materials worldwide. Table 8 Summary of Findings Chamonix Affordable Housing Costs and Revenue Analysis Construction Cost Project Planned Built Target AMI Cost Subsidy s Escalation Price Range Summit County Vic's Landing 24 24 80% to 100% — fee waivers --- $185,000-$285,000 Mercy Housing 42 — 80% &100% $230 $117,000 10% $133,000-$250,000 Roaring Fork Valley Rodeo Ground 27 9 140%-250% $281 $300,000 - $550,000 Burlingame Ranch 91 91 80% to 140% z $202 $332,000 12% avg. $230,000 Iron Bridge 24 24 80% a $2024 $0 — $230,000 Eagle County Stratton Flats 226 7 140% $200 $23,000-$40,000 8% $180,000-$350,000 Eagle Ranch Village 60 60 live/work in Cty. $216 ° $50,000 20% $300,000 Modular units z Majority of units in this range, AMI level based on survey 3 Based on six Person household °Total cost derived by allocating 20% of hard costs to soft costs s Burlingame Ranch and Mercy Housing figure do not include waived fees Source: Economic & Planning Systems 18 Chamonix Master Plan Unit Subsidy Subsidies fake many forms in affordable housing development. The research shows a clustering of per unit subsidies in the $20,000 to $50,000 range as well as a cluster on the upper end that spans from $120,000 to $330,000. In all cases, these subsidy levels are on fop of land costs. In each of the case studies provided, land was provided at no cost to the affordable units, which is a minimum threshold for pursuing an affordable housing project at this time. Generally, the projects requiring lower subsidies benefit from market rate units that defray the land, soft costs, developer fees, on-site infrastructure, and off-site mitigation. For example, Iron Bridge, Stratton Flats, Vic's Landing, and Eagle Ranch Village all received indirect subsidy through the ability of the developer to build market rate units on-site. In addition, the projects also received fee waivers to help offset the costs of affordable units. The $23,000 to $40,000 subsidy at Stratton Flats includes both fee waivers as well as the benefit of a $4.5 million equity contribution from Eagle County. The $50,000 per unit subsidy at Eagle Ranch Village includes both fee waivers proceeds from a RETA and the value of a land contribution from the master developer. Another way to reduce subsidies is to increase sales prices and target higher AMI levels. The Snowmass project reflects relatively unique approach as virtually all of the units are priced at the upper end of the affordable spectrum, reaching approximate AMI levels near (or above) 140 percent. The Town was able to reduce the subsidy to $54,000 per unit based on sales prices for some units that exceeded $500,000. The project with the lowest required subsidy, Stratton Flats, reflects a combination of benefits, including on-site market rate units, modest deed restriction terms, as well as higher AMI targets. In projects without supporting market rate units and conventional AMI targets that reach households earning as little as 80 percent of AMI, higher subsidies are required to cover project costs. The proposed Valley Brook project anticipates a per unit subsidy of approximately $117,000. Burlingame Ranch requires $332,000 per unit. Moving forward, the Town of Vail should recognize that land subsidy alone will be insufficient for the project unless construction costs drop and/or AMI targets are set high. The Town should carefully consider higher AMI levels and should set them only after completing additional market analysis, as identified below. Generally, the Town should anticipate committing additional levels of subsidy to the project based on the research of comparative projects. Buyer Lending Issues Project developers repeatedly indicated that underwriting standards for residential borrowers represent the greatest current risk to affordable housing development. Preliminary research shows 19 Chamonix Master Plan that mortgage terms require down payments of 10 to 15 percent. Many developers cited the need to secure Federal Housing Administration approval, thus providing 97 percent loan -to -value financing. Project representatives indicated that FHA approval was contingent upon review of the deed covenants and in the case of the modular development (Stratton Flats) approval of building plans, including the unit foundation. Construction loans appear to be less of an issue than individual homebuyer loans. Representatives from the Valley Brook project indicated a willing market for construction loans. In addition, downward pressure on construction costs has also eased restrictions to borrowing. Additional Considerations Based on discussions with developers with active affordable housing projects in the region, there are a number of critical issues that warrant consideration, in addition to the issues of costs, revenues, and feasibility. These include: Competitive Market Position - The Town should understand the market position of the site relative to other projects within the county. Prospective home purchasers have options and can be expected to evaluate several other opportunities before selecting a home at this location. Documenting the market context and determining the competitive advantages provided by this site will shed light on the profiles of buyers likely to purchase here. The analysis will enable the Town to price its units based on the market and improve receptivity among the segments) most likely to consider if. Product Alignment - Once the market position and price banding has been established, the Town should revisit the products designed for the site. Aligning the products with the buyer profiles is a critical step to creating a marketable project. If should be noted that most developers attempt to provide as broad a range of products as possible, thus generating interest from across the spectrum of prospective buyers. This approach is recommended for the Chamonix site as well; however, the Town should identify the most profitable and saleable product and ensure that the development program is concentrated around this unit type. • Market Depth by AMI Level - In addition to evaluating the market supply, as noted in the first two bullets, the Town should consider an analysis of market demand. Using recent survey data, the Town could understand the depth of potential demand for units by income level. The data can be cross -tabulated by a range of factors to better understand depth of demand by type of resident. • Financing Risk Mitigation - The current credit markets are substantially different from the recent past. Accordingly, developers must fake action to ensure that financing is as available under the most flexible terms possible for future buyers. At this time, developers are seeking FHA approval to achieve this. The Town should understand the requirements of FHA and ensure that if is addressed from the start of the project. 20 Appendix C Chamonix Master Plan Chamonix and Wendy's Parcels 2308 ALO,�} .3 •217/1, 9 4 IM 5. . zip �, 2z8s � ��• � >, e � � �. 028 248 i -8e ��$iu.f£` % .k ,. 1 2a17 2480 242 �'� - 235 >, If!i1T 1r�1 ♦ 21 ]� YA � FF i 57 ,9s ,RM,,.. y w as a Subject Property - vqwn L 1 f 2Ti' 24]6 N. 74 498 '/ i 1"F sP�e lasl Modified: Au9u�119, 2008 nimp�eue mex.�a� 21 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: September 23, 2019 ITEM/TOPIC: A request for the review of a variance from Section 12-21-10 Development Restricted, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for development in the Housing Zoning District on a slope of forty percent (40%) or greater, located at 2420 Chamonix Lane/the western portion of Parcels B and the northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 (Future Lot E, Chamonix Vail Community Subdivision), and setting forth details in regard thereto. (PEC19-0036) The applicant has requested this item be tabled to October 14, 2019. ATTACHMENTS: File Name PEC19-0036 Staff Memo Variance.pdf Description Staff Memorandum Attachment A. Vicinity Map.pdf Attachment A. Vicinity Map Chamonix Vail Community Parcel E application 07292019 as amended by CommDev Staff.pdf Attachment B. Chamonix Vail Community Parcel E Application Narrative, 07-29-2019 Attachment C. Slope Exhibit.pdf Attachment C. Slope Exhibit TOWN OF Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 9, 2019 SUBJECT: A request for the review of a variance from Section 12-21-10 Development Restricted, Vail Town Code, in accordance with the provisions of Section 12-17- 1, Variances, Vail Town Code, to allow for development in the Housing Zoning District on a slope of forty percent (40%) or greater, located at 2420 Chamonix Lane/the western portion of Parcels B and the norther portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 (Future Lot E, Chamonix Vail Community Subdivision), and setting forth details in regard thereto. (PEC19-0036) Applicant: Town of Vail, represented by George Ruther, Housing Director Planner: Jonathan Spence I. SUMMARY The applicant, the Town of Vail, represented by George Ruther, Housing Director, is requesting the review of a variance from Section 12-21-10 Development Restricted, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for development in the Housing Zoning District on a slope of forty percent (40%) or greater, located at 2420 Chamonix Lane/the western portion of Parcels B and the norther portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 (Future Lot E, Chamonix Vail Community Subdivision). Based upon staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with a condition, of this application, subject to the findings noticed in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, the Town of Vail, represented by George Ruther, Housing Director, is requesting the review of a variance from Section 12-21-10 Development Restricted, Vai Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for development in the Housing Zoning District on a slope of forty percent (40%) or greater, located at 2420 Chamonix Lane. This variance request precedes a rezoning and minor subdivision request, and follows an amendment to the Vail Land Use Plan, that will culminate in the creation of future Parcel E. It is anticipated that, if approved, the newly created site will be sold to generate revenue to offset the Town of Vail subsidy provided for the development of the 32 Unit Chamonix Vail Townhome project. A vicinity map (Attachment A), applicant's narrative (Attachment B) and slope exhibit (Attachment C) are attached for review. III. BACKGROUND The Chamonix Vail Community, a 32 unit townhome style development in 10 buildings, was completed in 2017. The Townhouse Plat for the development was reviewed and approved administratively in December of 2017, allowing the sale of the individual units and also setting aside an area described as Parcel D for future development. It is the intent of the applicant to combine this area with a portion of Parcel A (West Vail Fire Station site) to create future Parcel E. In 1978, the Town of Vail developed hazard regulations to protect structures, residents and the aesthetic character of the Town through restrictions on development within floodplains, avalanche paths and special provisions concerning development on steep slopes (See Ordinance No. 12, Series of 1978). These regulations restricted development on steep slopes, those defined has having a gradient in excess of 40%, to only the Single -Family Residential (SFR) District, Two -Family Residential (R) District and the Two -Family Primary/Secondary (PS) Districts. These same restrictions exist in the current Vail Town Code. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: 12-21-10: Development Restricted.- A. estricted: 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. B. Structures may be built in blue avalanche hazard areas provided that proper mitigating measures have been taken. Town of Vail Page 2 C. The administrator may require any applicant or person desiring to build in an avalanche hazard zone of influence to submit a definitive study of the hazard area in which the applicant proposes to build if the town's master hazard plan does not contain sufficient information to determine if the proposed location is in a red hazard or blue hazard area. The requirement for additional information and study shall be done in accord with chapter 12 of this title. D. The administrator may require any applicant or person desiring to build in an identified blue avalanche hazard zone to submit additional information or reports as to whether or not improvements are required to mitigate the possible hazard. If mitigation is required, said information and report should specify the improvements proposed in the blue avalanche hazard zone. The required information and reports shall be done in accordance with chapter 12 of this title. 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. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, "Conditional Use Permits'; and by section 12-3-7, `Amendment'; of this title. 12-17-6: CRITERIA AND FINDINGS: Town of Vail Page 3 A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance.- 1. ariance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 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. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance.- 1. ariance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not generally apply 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. Town of Vail Page 4 V. ZONING AND SITE ANALYSIS Address: 2420 Chamonix Lane Legal Description: The western portion of Parcels B and the norther portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 (Future Lot E, Chamonix Vail Community Subdivision) Zoning: Proposed Housing (H) District (Currently General Use (GU) and Housing (H) Districts Land Use Plan Designation: Chamonix Master Plan Current Land Use: Vacant Geological Hazards: Slopes in excess of 40% (approximately 2/3 rd of future parcel) VI. SURROUNDING LAND USES AND ZONING Existing Land Use: Zoning District: North: Residential Housing (H) District South: Residential Two -Family Primary/Secondary (P/S) District East: Fire Station General Use (GU) District West: Residential Two -Family Primary/Secondary (P/S) District VII. REVIEW CRITERIA The review criteria for a variance request are prescribed in Title 12, Chapter 17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The applicant's request is approval of a variance to construct a multiple -family structure with an attached EHU on future Parcel E. According to the Vail Town Code, structures can be built on slopes of 40% or greater without a variance. Multiple -family structures have been permitted on slopes of 40% or greater elsewhere in Town, subject to prescribed development standards (i.e. density control, setbacks, building height, site coverage, off-street parking, etc.) without any negative impacts to existing or potential uses and structures in the vicinity; it is reasonable to infer that the same will be true on the future Parcel E housing site. Examples of which include Middle Creek Village Apartments, Solar Vail Apartments and the Chalets at Mountain Plaza. These were all completed without resulting in negative impacts to the immediate or surrounding areas. The requested variance will have no negative impacts on existing or potential uses or structures in the vicinity. Town of Vail Page 5 Staff finds the proposed variance does meet this criterion. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. The variance request is to allow a multiple -family structure with an attached EHU to be constructed on a site in the Housing zone district with slopes 40% or greater. The degree of relief requested from this provision of the Vail Town Code is the minimum amount needed to achieve uniformity of treatment among sites in the district without a grant of special privilege. Other developments within the Housing (H) District have encountered similar challenges resulting in the need for variance relief. The Timber Ridge Village Apartments were faced with steep slopes and high severity rockfall conditions which caused the need for variances to construct 15 -foot tall retaining walls. Similarly, the Lionsridge Apartments were faced with naturally occurring steep slopes, road sluffing conditions, and moderate severity rockfall conditions that created the need for substantial rockfall mitigation and retaining walls over 20 feet in height. The Solar Vail Apartments were impacted by greater than 40% slope conditions requiring the need for variances. Further, the Middle Creek Village Apartments were constrained by both steep slopes and the Middle Creek drainage floodplain. The Chamonix Vail Parcel E falls into the same category of practical difficulties as similar Housing zoned developments. To ensure compatibility of future development on the site a companion development plan application has been provided. The companion plan ensures the appropriateness of development with many of the development standards consistent with the Housing zone district. As a result, a multiple -family structure is permitted with the grant of a variance on slopes 40% or greater; any future development on Parcel E will achieve compatibility, consistency and uniformity with the development objectives of the Town Code without a grant of special privilege. Staff finds the proposed variance does meet 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 requested variance will have no negative impact or effect on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Through the development review process, future development will be required to all applicable requirements related to ingress/egress onto Chamonix Lane, ensuring public safety in the vicinity. Town of Vail Page 6 Therefore, Staff finds the proposed variance conforms to this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission approve a variance from Section 12-21-10 Development Restricted, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for development in the Housing Zoning District on a slope of forty percent (40%) or greater, located at 2420 Chamonix Lane/the western portion of Parcels B and the norther portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 (Future Lot E, Chamonix Vail Community Subdivision), and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, the applicant's request for a variance from Section 12-21-10 Development Restricted, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for development in the Housing Zoning District on a slope of forty percent (40%) or greater, located at 2420 Chamonix Lane/the western portion of Parcels B and the norther portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 (Future Lot E, Chamonix Vail Community Subdivision)" Should the Planning and Environmental Commission choose to approve this variance, the Community Development Department recommends the Commission make the following findings: 'Based upon the review of the criteria outlined in Section Vll of the staff memorandum to the Planning and Environmental Commission dated September 9, 2019, and the evidence and testimony presented, the Planning and Environmental Commission finds.- The inds: The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties located within slopes in excess of 40%,- 2. 0%, 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; and 3. This variance is warranted for the following reasons.- Town easons: Town of Vail Page 7 a. The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code,- b. ode, b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties located within slopes in excess of 40%.; and 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 located within slopes in excess of 40%." IX. ATTACHMENTS A. Vicinity Map B. Chamonix Vail Community Parcel E Application Narrative, 07-29-2019 C. Slope Exhibit Town of Vail Page 8 fz I Ld ii o —o ,LO H MEMORANDUM To: Chris Neubecker, Planning Manager From: George Ruther, Housing Director, representing the Vail Town Council Date: July 29, 2019 Re: Chamonix Vail Development Parcel — Chamonix Master Plan Amendment, Minor Subdivision, Zone District Boundary Amendment, Conditional Use Permit, Variance, and Amendment to Approved Development Plan Applications (PEC19-0032 to PEC19-0036 and PEC19-0040). I. PURPOSE The Vail Town Council has instructed the Town staff to submit the necessary development applications to facilitate the sale of future Parcel E, of the Chamonix Vail Neighborhood. The expressed purpose of the sale is to encourage infill residential development, generate revenue from the sale of the property, and to support the creation of one additional deed -restricted home on the Chamonix Vail Parcel. The purpose of this memorandum is to provide a summary of the Town's development applications for a: 1) An amendment to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category; 2) Minor subdivision; 3) Zone district boundary district; 4) Conditional use permit; 5) Variance; and 6) An amendment to the Chamonix Vail Neighborhood Approved Development Plan. Each of the applications is intended to finalize the creation of the development parcel at 2420 Chamonix Lane. The first step in finalizing the creation of this development parcel began at the time the Chamonix Vail Community Plat was recorded. According to the approved Plat, "For the purpose of this Plat, Parcel D is reserved for future development by Declarant. Parcel D may be withdrawn from the Chamonix Vail Common Interest Community by Declarant as set forth in the Declaration of Covenants, Conditions and Restrictions for the Chamonix Vail Community." Additional steps are underway to prepare the parcel for development as originally contemplated with the recording of the Plat. II. REQUEST The Housing Department of the Town of Vail, acting on the direction of the property owner, the Town of Vail, represented by the Vail Town Council, is requesting approval of six development applications. The six applications include the following: 1. Chamonix Master Plan Amendment: The Chamonix Master Plan was adopted by the Vail Town Council on January 6, 2009, pursuant to Resolution No. 2, Series of 2009. The master plan area is the entire former Hud -Worth property, including the West Vail Fire Station (Parcel A and Parcel B). According to the adopted Plan, the charge made by the Vail Town Council was to "optimize the site" with the ultimate goal of balancing density with neighborhood impact, traffic, parking, aesthetics, sustainability, and value in a way that addresses the need for affordable housing in the community. The purpose of the master plan amendment is to update certain references within the plan to facilitate the intended residential development on Future Parcel E. An amendment to the Chamonix land Use Category is also necessary to allow for non -deed restricted residential development. This amendment is shown below with new text in bold: CMP Chamonix Master Plan Area Included in this category are those properties which are identified as being included in the Chamonix Master Plan boundaries. Properties located within this land use category shall be encouraged to develop, per the Master Plan recommendations, as it has been found necessary in order for Vail to remain a successful resort community. Uses and activities for these areas are intended to encourage a safe, convenient and pleasant resident experience. The range of uses and activities appropriate in the Chamonix Master Plan (CMP) land use category may include deed restricted employee housing, dwelling units permitted as conditional uses in the Housing (H) District, private recreation facilities, private parking facilities, and institutional/public uses such as afire station and other municipal facilities to serve the needs of residents. 2. Minor Subdivision: The Vail Town Code defines a "minor subdivision" as any subdivision containing not more than four (4) lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property. In September of 2017, the Town of Vail, serving as the Declarant, created Lots 1 through 32 of the Chamonix Vail Community Parcel C of the Chamonix Vail Community, and remaining Parcel D for future development. As Parcel D is not a legal stand-alone lot as it was created through a Townhome Plat, a further subdivision process is necessary. At this time, the Town of Vail seeks to amend both the size and configuration of Parcel A and Parcel D through a change in the common property line location, as depicted on the attached map. No new unplatted property is being subdivided. Instead, a 5,291 square foot portion of Parcel A is being added to Parcel D thereby amending both the size and configurations of the two parcels, respectively. The purpose of this minor subdivision is to facilitate residential development on future Parcel E. The new legal description for the minor subdivision shall be: Final Plat Chamonix Vail Community Parcel E a resubdivision of Parcels A and B, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 Town of Vail, County of Eagle, state of Colorado The applicant's response to the criteria for a minor subdivision is set forth in Section III of this memorandum. 3. Zone District Boundary Amendment: According to the Official Zoning Map of the Town of Vail, Parcel D is zoned Housing (H) District and Parcel A is zoned General Use (GU) District. Upon approval of the minor subdivision application, that portion of Parcel A which shall become a part of Parcel D, will need to be rezoned from the General Use (GU) District. The Town of Vail is requesting approval to rezone a portion of Parcel A to the Housing (H) District, consistent with the remaining portion of future Parcel E. The purpose of this zone district boundary request is to facilitate residential development on future Parcel E. The applicant's response to the criteria for a zone district boundary amendment is set forth in Section III of this memorandum below. 4. Conditional Use Permit: Dwelling units, which are not employee housing units, are allowed within the Housing (H) District, subject to the issuance of a conditional use permit. In this instance, the criteria established for granting approval of a conditional use permit to allow for non -deed -restricted dwelling units are listed in Section 12-61-3 of the Vail Town Code. A response to the criteria is set forth in Section III of this memorandum below. 5. Variance: Chapter 12-21 of the Vail Town Code prescribes regulations for building within hazard areas in the Town of Vail. Further, Section 12-21-10, Development Restricted, indicates "no structure shall be built on a slope of 40% or greater, except in the single-family or two-family primary/secondary residential zone districts. Residential structures allowed in those two districts include single-family dwellings and two-family dwellings. The purpose of this variance approval is to allow for the construction of a multiple family dwelling on a portion of a development site with slopes 40% or greater. The applicant's response to the criteria for a variance approval is set forth in Section III of this memorandum, below. 6. Amendment to an Approved Development Plan: An Approved Development Plan was adopted for Lots 1 through 32, Parcel C, and Parcel D. The new Chamonix Vail Townhomes were constructed and completed consistent with the Approved Development Plan. Parcel D, remains vacant at this time and available for future development as noted on the recorded final plat. It 3 was the property owner's intent to exclude Parcel D from the Chamonix Vail Neighborhood development. The Town of Vail requests approval of an amendment to the Approved Development Plan. The Amended Approved Development Plan is intended to be in two phases; one for the existing Chamonix Townhome Development with minor modifications and a second for development on future Parcel E, The Development Plan for future Parcel E shall include the following development standards: • Permitted, Conditional and Accessory Uses: Those uses listed in Sections 12-61-2 through 4, respectively, as prescribed by the Vail Town Code. • Setbacks: Those requirements prescribed by Section 12-61-5 of the Vail Town Code, as further depicted on the Amended Approved Development Plan. • Site Coverage: Those requirements prescribed by Section 12-61-6 of the Vail Town Code. • Landscaping and Site Development: Those requirements prescribed by Section 12-61-7 of the Vail Town Code. • Parking and Loading: Those requirements prescribed by Section 12-61-8 of the Vail Town Code. • Lot Area and Site Dimensions: as prescribed by the Planning and Environmental Commission, and as depicted on the approved development plan • Building Height: The allowable building height shall not exceed 40 feet (40') for a flat or mansard roof. For a sloping roof, the height of the building shall not exceed 44 feet (44'). A maximum building elevation related to Chamonix Road consistent with the Chamonix Master Plan will also be included. • Density Control Provisions for Parcel E: a) Number of dwelling units —a total of up to four dwelling units within a single structure on the combined area of Parcel E. At least one of the dwelling units shall be a deed - restricted EHU. b) Total gross residential floor area (GRFA) — Not more than 7,200 square feet of GRFA total. The one deed -restricted EHU shall be a minimum of 1,200 square feet in size. The first 1,200 square of GRFA shall be excluded from any GRFA calculation. C) GRFA Calculation - For the purposes of determining compliance with the density control provisions, GRFA shall be calculated pursuant to Section 12-15-3 of the Vail Town Code. III. DEVELOPMENT APPLICATIONS; RESPONSE TO REVIEW CRITERIA A. Chamonix Master Plan Amendment The Chamonix Master Plan does not prescribe criteria for the review of a proposed amendment to the plan. That said, however, the same review criteria are used in the preparation of the amendment to the master plan as have been relied upon by the Town's Planning & Environmental Commission and supported by the Community Development Department for the past three decades. Those criteria include: :l 1. How have conditions changed since the original adoption of the Master Plan? Conditions have changed substantially since the adoption of the Chamonix Master Plan more than a decade ago. In the time period since the adoption of the plan the following actions have taken place: • The West Vail Fire Station has been fully completed • The Chamonix Vail Townhomes Approved Development Plan has been approved • The development of the Chamonix Vail Townhomes has been completed • The availability and affordability of resident -occupied, deed -restricted homes for Vail residents has become the #1 most critical issue facing the Vail community • The Vail Town Council has since adopted the Vail Housing 2027 Strategic Plan and adopted a goal of acquiring 1,000 new deed -restrictions by the year 2027 2. How does the proposed amendment to the Chamonix Master Plan achieve the desired outcomes intended of the plan? The proposed amendment continues to achieve the intended outcome of the plan. As intended, the site was identified for deed -restricted homes for Vail residents. As such, and as recommended within the plan, the site was to be rezoned to the Housing (H) District. The Housing (H) District allows free market dwellings to be developed within the District. During the course of the development of the Chamonix Vail Townhomes, Parcel D was identified as an area too costly to reasonably construct deed -restricted homes. To that end, Parcel D was set aside on the Final Plat for Chamonix Vail Community as a future site for residential development. The Vail Town Council, acting on behalf of the owner of the property, has instructed the Town staff to submit the applications necessary to facilitate the sale of future Parcel E, and, in doing so, ensure at least one additional deed -restricted home is constructed on the site. By intention, proceeds from the sale are intended to be used to offset the $4M financial subsidy provided by the Vail taxpayer to develop the Chamonix Vail Townhomes and to further advance the Town's adopted housing goal. 3. How is the Chamonix Master Plan in error? The plan is in error as it does not accurately acknowledge or fully recognize the permitted and conditional uses prescribed by the recommended zone district designation of Housing (H) District. The plan correctly recommends rezoning Parcel B to the Housing (H) District yet fails to acknowledge that free market dwelling units are allowed in the District when developed for the sole purpose of subsidizing the deed -restricted homes on the property. The Town provide a nearly $4M subsidy in the development of the Chamonix Vail Townhomes. Parcel D was set aside on the recorded plat for future residential development. A portion, if not all, of that future residential development was intended to be free market dwelling units. Minor Subdivision: Before recommending approval, approval with conditions or disapproval of the preliminary plan, the planning and environmental commission shall consider the following criteria with respect to the proposed subdivision: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed minor subdivision is consistent with the applicable elements of the adopted goals, objectives and policies as outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town. For the purpose of demonstrating compliance, the applicant relied upon the following planning -related documents for guidance: • The Vail Land Use Plan • The Chamonix Vail Community Plat • The Vail Housing 2027 Strategic Plan • The Town of Vail Zoning Regulations Examples of consistency and compatibility include: • 2018 Town of Vail Housing Policy Statements • 2011 Chamonix Master Plan Amendment • The Town of Vail Subdivision Regulations Vail Land Use Plan — In 2009, the Vail Town Council adopted Resolution No. 2, Series Of 2009: A Resolution Adopting The Chamonix Master Plan, To Facilitate The Development Of Employee Housing And A Fire Station On The "Chamonix Parcel" And "Wendy's Parcel" And To Amend The Vail Land Use Plan, Pursuant To Section 8-3, Amendment Process, Vail Land Use Plan To Designate The Chamonix Master Plan Area Located At 2399 North Frontage Road And 2310 Chamonix Road/Parcels A And B, Re -Subdivision Of Tract D, Vail Das Schone Filing No. 1. Since the adoption of Resolution No. 2, the West Vail Fire Station has been completed on Parcel A as intended. Further, the Chamonix Vail Neighborhood has also been completed as intended. At this time, only Parcel D is yet to be developed as intended. This minor subdivision application is the final phase to be completed. The small, triangular portion of Parcel A that is to be added to Parcel D by this subdivision facilitates development on future Parcel E without having any negative impacts on the operation and continued use of the fire station on Parcel A. There is no minimum lot size requirement in the General Use district, regardless, Future Parcel A remains more than 1.2 acres in size. This subdivision is consistent with the intent of the Vail Land Use Plan recommendations. • Chamonix Vail Community Plat — According to the approved Plat, "For the purpose of this Plat, Parcel D is reserved for future development by Declarant. Parcel D may be withdrawn from the Chamonix Vail Common Interest Community by Declarant as set forth in the Declaration of Covenants, Conditions and Restrictions for the Chamonix Vail Community." This minor subdivision, through the inclusion of a small portion of Parcel A, does not violate, or in anyway frustrate, the intended purpose of Parcel D, as set forth in the approved Community Plat. In fact, in many ways, it only improves and further enhances the original development objectives for Parcel D. • Town of Vail Zoning Regulations — The Zoning Regulations have been enacted for the general 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. The proposed minor subdivision advances the general purpose of the Zoning Regulations and helps to sustain the Town's character as a resort community of the highest quality. This will be further achieved as any future development application shall be required to demonstrate continued compliance with the adopted Zoning Regulations. • 2018 Town of Vail Housing Policy Statements - In July of 2018, the Vail Town Council adopted its first housing policy statements. According to Resolution No. 30, Series of 2018, "through the adoption of housing policy statements, it is the Vail Town Council's intent to articulate the approaches the Town will take to realize its vision, achieves its housing goal, and address the most critical issue — housing —facing the Vail community." This minor subdivision is consistent with the following housing policy statements adopted by the Vail Town Council: o #1 Housing IS infrastructure o #2 Housing Partners o #3 Private Sector Importance o #5 Breakdown Barriers o #6 Funding Creates Deed -Restrictions o #10 Funding is Policy 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and The proposed subdivision complies with the standards prescribed within the Vail Town Code, including Title 12, "Zoning Regulations". The proposed minor subdivision is simply a 7 resubdivision of already subdivided and developable land that is already lawfully platted with associated development rights. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The proposed minor subdivision presents a harmonious, convenient, workable relationship among surrounding land uses consistent with Vail's development objectives. Historically, the Town of Vail has articulated its development objectives as the specific purposes contained within Section 12-1-2 (B) of the Vail Town Code. To that end, in part, the proposed minor subdivision provides for adequate light, air, sanitation and drainage given the resulting infill development; promotes safe and efficient pedestrian and vehicle traffic circulation given its adjacency to Chamonix Lane; conserves and maintains established community qualities and economic values as the property is already developable and any resulting development must comply with the Town's adopted design review guidelines and standards; and does not create excessive population densities or overcrowding. 4. The extent of the effects on the future development of the surrounding area; and The proposed minor subdivision will result in positive impacts on the surrounding area. The two properties are platted and zoned for development. If it were not for the exponential cost of developing on Parcel D, it would have been developed with residential uses and structures in conjunction with the Chamonix Vail Neighborhood. As a result of the plat covenant and the Approved Development Plan requirements, future development on the site is limited to low density residential structures designed in compliance with the Town's adopted design review guidelines and standards. In sum, the structure built on the site will be used similarly to other structures existing in the residential neighborhood and be designed in a similar context, consistent with the adopted design guidelines and standards. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and The proposed minor subdivision is located and designed in such a manner that avoids creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities. The area surrounding the proposed minor subdivision is fully developed and properly served by existing public utilities and services. Given the infill development nature of this application, a "leapfrog" pattern of development is avoided. Infill development is a proven means of adding density within an existing neighborhood with no adverse impacts on community character within the area. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and The utility lines are sized to serve the planned ultimate population of the service area and avoid future land disruption to otherwise upgrade undersized lines. As a result of the proposed minor subdivision, a maximum of four dwellings units could be constructed on the combined area of future Parcel E. Utility providers have previously confirmed the adequacy of the size of the lines and services to accommodate the likely increase in population resulting from a total of four new dwelling units. In fact, an existing water line was looped in the neighborhood during the infrastructure installation at Chamonix Vail to better accommodate development in the area. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and The proposed minor subdivision promotes the growth of an orderly, viable community and serves the best interest of the community as a whole. Town of Vail taxpayer monies were used to acquire the Chamonix Vail property. Parcel D is a developable portion of the site. As a result of this minor subdivision approval, the Town intends to sell the vacant land for free-market and deed -restricted residential development. Net proceeds from the sale of future Parcel E will help to reduce the taxpayer subsidy provided in the original purchase, and subsequent development, of the property. Further, this minor subdivision creates an opportunity for infill development. Infill development is often a preferred means of growth of a community as it takes advantage of existing services and infrastructure without expanding the community boundaries to accommodate growth. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed minor subdivision results in beneficial impacts on the natural environment, including vegetation, undeveloped hillsides, wildlife and other desirable natural features. Given the infill nature of future Parcel E, and the land disturbance already existing from the installation of public utilities and the construction of Chamonix Lane, one additional built structure within an already existing built -out neighborhood is not detrimental to the natural environment. In fact, it could be argued that accommodating infill development has less of a negative impact on the natural environment than greenfield development achieved through expansion of the Town's municipal boundary. An alternative to infill development would be to accommodate growth and expansion on undeveloped areas surrounding the boundaries of the community. 9. Such other factors and criteria as the commission deem applicable to the proposed subdivision. C. Zone District Boundary Amendment: Factors, Enumerated: Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: (1) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The zone district amendment is consistent with the applicable elements of the adopted goals, objectives and policies outline in the Vail Comprehensive Plan. As proposed, the amendment increases the amount of land area in the Town of Vail designated for deed -restricted housing, yet maintains the availability of town -owned facilities most often associated with development in the General Use District. Arguably, this amendment is not only compatible with the development objectives of the Town, but it advances the Town's development objectives by increasing opportunities for desirable outcomes that may not exist otherwise. This amendment furthers the Town's housing goals and advances the Vail Town Council critical actions, as identified in the Vail Town Council Action Plan 2018-2020. (2) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents; and The zone district amendment is suitable with the existing and potential land uses on the site as well as the existing and potential surrounding land uses. As proposed, a 5,291 square foot portion of Parcel A is being added to future Parcel E in accordance with the Town's subdivision regulations. This amendment ensures that zone district designation of future Parcel E is consistent with existing Parcel D. Parcel D, as zoned, provides for both free-market and resident -occupied, deed -restricted residential uses. Since the development potential of future Parcel E is based upon approval of an Approved Development Plan, and not a proportional percentage of the lot area, this additional land area does not proportionally impact the size of any future structure, or increase the intensity of the future uses on site. The additional square feet of land area to be zoned into the Housing District does not negatively impact existing and potential surrounding land uses. (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The zone district amendment presents a harmonious, convenient, and workable relationship among land uses which are consistent the Town's development objectives. For instance, when this portion of Parcel A is rezoned to the Housing District, it increases the constructability of development on future Parcel E, given the recta -linear configuration of the site. Moreover, the change in zoning increases the marketability of the property, thereby increasing the economic incentive granted by the Zoning Regulations to support resident -occupied, deed -restricted homes within the community. In many ways, this application achieves and supports exactly what is intended by the Town's development objectives. 10 (4) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and The zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning. The requested change from the General Use District to the Housing District allows the entire site to be zoned consistent with the Town's development objectives and further supports the Town's goal of acquiring 1,000 new resident -occupied, deed - restrictions by the year 2027. According to the 2018 Housing Policy Statements adopted by the Vail Town Council, "Housing IS Infrastructure" and infrastructure is the support system of a whole community. Further, it is unclear how a claim of "spot zoning" could apply to this application, and therefore, irrelevant and does not pertain. (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The zone district amendment has no negative impacts on the natural environment. As presently zoned, both the General Use District and the Housing District grant certain development rights. One would be hard pressed to characterize future Parcel E as critical habitat or ecologically sensitive for natural environment purposes. This application supports infill development. (6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and The zone district amendment is consistent with the purpose statement of the Housing District. According to Section 12-61-1, in part, the purpose of the District is, "intended to provide adequate sites for employee housing..." As proposed and covenanted, future development on the site is limited to three free-market homes and one, resident -occupied, deed -restricted home. This use is clearly consistent with the purpose provisions of the Housing District. (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and The zone district amendment is supported by demonstrated changes in conditions which are no longer appropriate or relevant. The entire Chamonix Property was purchased by the Town for an intended purpose. Parcel A was acquired by the Town of Vail to construct a fire station in West Vail. To do so, Parcel A was platted and zoned to the General Use District. As a result, the fire station has been completed as planned. The 5,291 square foot portion of Parcel A is no longer needed to accomplish the development objective and may not have been included in the original plat had it been known at the time. 11 Further, Parcel B and Parcel C were created to support the development of resident -occupied, deed -restricted homes. The new Chamonix Vail Neighborhood was completed on the combined area of Parcels. Parcel D was subsequently created to accommodate future residential development. The inclusion of a portion of Parcel A, through a minor subdivision, supports that purpose. Changing the zoning to the Housing District achieves the Town's development objective for future development on Parcel E without negatively impacting the current or future use of Parcel A. (8) Such other factors and criteria as the commission deems applicable to the proposed rezoning. D. Conditional Use Permit: Factors Enumerated: 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 development objectives of the town. Free-market (non -deed -restricted) homes are an allowed use in the Housing District provided their sole purpose is to subsidize resident -occupied, deed -restricted housing on the property. Upon approval of the five development applications, the Town of Vail intends to sell Parcel E, with covenants, for free-market and deed -restricted residential development. Arguably, the relationship and impacts of free-market development are no different than deed -restricted development. The only difference is who is permitted to occupy the home. Residential uses are permitted on the site today. This application does not change the uses on the site. 2. 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 facilities needs. The conditional use permit will have no negative effects upon the light and air, distribution of population, transportation facilities, etc. Again, residential development is permitted on the site today. This application does not result in any negative impacts simply because of who is permitted to occupy the homes. 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 streets and parking areas. The conditional use permit will have no negative effects upon traffic. Future development on the site shall be designed to comply with the Town's adopted standards for development. Again, residential development is already permitted on the site today. This application does not result in any negative impacts simply because of who is permitted to occupy the homes. For 12 example, residents of deed -restricted homes do not have any greater or lesser impact on removal of snow than residents of free-market homes. 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 conditional use permit will not have a negative effect upon the character of the area, including scale and bulk of the proposed use in relation to the surrounding area. As contemplated, and prescribed by the development standards proposed for Parcel E, the new residential structure will be similar in scale and bulk to similar residential structures in the immediate vicinity. For example, by covenant and development approval, the new residences will be a maximum of 7,200 sq. ft., respectively with a maximum building height of 44 feet. According to Eagle County Assessor's information, existing multiple -family homes in the immediate vary greatly in size, with the most adjacent homes being approximately 7,200 square in size and 44 feet in height or less. 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. An environmental impact report is not required by Chapter 12 of the Vail Town Code, and therefore, waived by the Administrator. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and A total of four dwelling units are proposed on future Parcel E. Three of the dwelling units are non -deed -restricted and one is deed -restricted. The Vail Town Council intends to sell future Parcel E upon approval of the minor subdivision, zone district amendment, conditional use permit, and amendment to the approved development plan. Net proceeds from the sale will be used to reimburse the Town's housing fund for a portion of the nearly $4M subsidy provided to facilitate the development of the Chamonix Vail Neighborhood. B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and A total of three, non -deed restricted dwelling units are proposed. Upon approval, 36 homes total will be provided within the Chamonix Vail Neighborhood; only three if which are not deed - restricted. As such, approximately 8% of the total number of dwelling units are free market. Furthermore, pursuant to the Approved Development Plan (PEC15-0019), "up to 40,000 square feet" of GRFA is allowed on Parcel B and Parcel C. A total of 7,200 square feet, or only 18%, of 13 free-market GRFA is proposed on future Parcel E. The Zoning Regulations would allow an additional 4,500 square feet, or 11.25%, of GRFA C. Dwelling units are only created in conjunction with employee housing, and The three non -deed -restricted dwelling units may only be constructed on future Parcel E, provided the one, deed -restricted dwelling unit is 1) either already completed and obtained a certificate of occupancy, or 2) is being constructed simultaneously with the non -deed -restricted units and obtained a certificate. Either way, the deed -restricted dwelling unit is provided in conjunction with the non -deed -restricted dwelling units. D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. The three, non -deed -restricted dwelling units are compatible with the site and the buildings and uses on adjacent properties. In fact, in many ways, the proposed development enhances the transition of the site from larger -sized multiple family buildings to smaller -scaled residences to the west and north of the development site. Variance Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The applicant's request is approval of a variance to construct a multiple -family structure with an attached EHU on future Parcel E. According to the Vail Town Code, structures can be built on slopes of 40% or greater without a variance. Multiple -family structures have been permitted on slopes of 40% or greater elsewhere in Town, subject to prescribed development standards (i.e. density control, setbacks, building height, site coverage, off-street parking, etc.) without any negative impacts to existing or potential uses and structures in the vicinity, it is reasonable to infer that the same will be true on the future Parcel E housing site. Examples of which include Middle Creek Village Apartments, Solar Vail Apartments and the Chalets at Mountain Plaza. These were all completed without resulting in negative impacts to the immediate or surrounding areas. A slope stability report was completed by the consulting geotechnical engineers with Ceasare, Inc. The purpose of the analysis was to determine the feasibility of developing a multiple -family structure on the site given the existing slope conditions and the presence of a two-tiered retaining wall immediately adjacent to the south. In analyzing the site and completing the report, the consulting engineers relied upon actual "as -built" conditions to make their findings. The conclusions of the report found that the site was suitable for development provided any future structure has a setback of 25' from the southerly property. Additional analysis is recommended, though not required, by the engineers at the time of design review application submittal. As a result, the future multiple -family residential structure use of the site may undergo additional review 14 to further verify compatibility with the existing uses in the vicinity in the immediate vicinity of the site. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. The variance request is to allow a multiple -family structure with an attached EHU to be constructed on a site in the Housing zone district with slopes 40% or greater. The degree of relief requested from this provision of the Vail Town Code is the minimum amount needed to achieve uniformity of treatment among sites in the district without a grant of special privilege. The presence of the 40% or greater slope condition is the result of several factors. First, the natural topography of the area results in some areas having slopes 40% or greater. Second, the construction of Chamonix Lane and the sluffing of road grade materials down the slope exacerbate the steepness of slope conditions of the site. This road sluffing condition is prevalent outside the platted Chamonix Lane right-of-way. The inconvenient truth of the Town's housing shortage is that greater attention was granted to free- market development in the early days of Vail than was granted to addressing the need for deed - restricted housing. As a result, the more easily developed sites, ones which had no physical hardships or faced any practical difficulties, thereby requiring no variances to develop, were quickly gobbled up and already built upon. In the end, many of the properties now zoned to the Housing district are what is leftover and in the least ideal locations from a development site suitability standpoint. These properties, for example, are negatively impacted by practical difficulties such as challenging access, marginal soils, steep slopes, floodplains and wetlands, geologic hazards, and other similar difficulties. To verify this point one simply needs to look to other Housing district sites to appreciate the resulting difficulties first hand. Timber Ridge Village Apartments were faced with steep slopes and high severity rockfall conditions which caused the need for variances to construct 15 -foot tall retaining walls. Similarly, the Lionsridge Apartments too were faced with naturally occurring steep slopes, road sluffing conditions, and moderate severity rockfall conditions that created the need for substantial rockfall mitigation and retaining walls over 20 -feet in height. The Solar Vail Apartments were impacted by greater than 40% slope conditions requiring the need for variances. Further, the Middle Creek Village Apartments were constrained by both steep slopes and the Middle Creek drainage floodplain, and, the Arosa Duplex was negatively impacted by a debris flow hazard limiting its development potential to something less than otherwise permitted by zoning. The Chamonix Vail Parcel E falls into the same category of practical difficulties as similar Housing zoned developments. To ensure compatibility of future development on the site a companion development plan application has been provided. The companion plan ensures the appropriateness of development with many of the development standards consistent with the Housing zone district. As a result, a multiple -family structure is permitted with the grant of a variance on slopes 40% or greater; any future development on Parcel E will achieve compatibility, consistency and uniformity with the development objectives of the Town Code without a grant of special privilege. 15 None of the practical difficulties or physical hardships described upon are the cause of any actions taken by the applicant. 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 requested variance will have no negative impact or effect on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. This portion of the Chamonix Vail Community has been intended for development since its original platting and, in fact, could have supported increased density and populations. Moreover, some community members have suggested that significantly more density should have been developed on the site, including within the area of future Parcel E. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. The availability of affordable housing remains the #1 most critical issue facing the Vail community. This issue has been at the forefront of community issues as far back as the adoption of the 1973 Vail Plan. At that time, the community identified three critical issues facing the future success of the community. They included: 1) Loading and delivery 2) Parking 3) Seasonal Housing It should not be inferred that little, or nothing, has been done to address the housing needs of the resort community. It is quite the opposite. A significant amount of action has taken place over the past 45 -plus years. Today, the Vail community has acquired an ownership interest in more than 815 deed -restricted homes. The reality, however, is that even with more than 875 deed -restricted homes; the demand for housing still far exceeds both the current and projected supply. Most recent figures provided by the 2018 Eagle River Valley Housing Needs and Solutions Report indicates there will be a shortfall of approximately 4,030 homes with the Eagle River Valley in the year 2020. While the approval of this application results in only one additional deed -restricted home, overall, it further supports the future creation of additional housing through the utilization of nearly one-half acre of already platted and otherwise developable land area in the Town of Vail. Amendment to an Approved Development Plan: 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. W. The proposed amendment to the approved development plan focuses on the development standards and land use regulations. Considerations such as architecture, character, scale, massing, etc. are intended to be addressed during the design review process by the Town of Vail Design Review Board. To that end, to ensure these considerations are addressed consistently, the Town's adopted design standards and guidelines shall apply. Please see the Amended Approved Development Plan (Phase 1 and 2) for all required information concerning the Development Plan. 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. See Criteria A. above. 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. See Criteria A. above. D. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. See Criteria A. above. 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. An environmental impact report is not required by Chapter 12 of the Vail Town Code, and therefore, waived by the Administrator. F. Compliance with the Vail comprehensive plan and other applicable plans. See Section III A (A)(1) of this memorandum above. 17 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: September 23, 2019 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto. (PEC19-0033) The applicant has requested this item be tabled to October 14, 2019. ATTACHMENTS: File Name Description PEC19-0033 Staff Memo Rezoning.pdf Staff Memorandum Attachment A. Map illustrating portion of Parcel A to be rezoned..pdf Attachment A. Map illustrating portion of Parcel A to be rezoned. Chamonix Vail Community Parcel E application 07292019 as amended by CommDev Staff.pdf Attachment B. Chamonix Vail Community Parcel E Application Narrative, 07-29-2019 rowN OF vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 9, 2019 SUBJECT: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto. (PEC19-0033) Applicant: Town of Vail, represented by George Ruther, Housing Director Planner: Jonathan Spence I. SUMMARY The applicant, the Town of Vail, represented by George Ruther, Housing Director, is requesting a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 N. Frontage Road West, Parcel A, a resubdivision of Tract D Vail Das Schone Filing 1, from General Use (GU) to Housing (H). The parcel of land is located immediately southwest of the existing Chamonix Vail Neighborhood, to the northwest of the West Vail Fire Station. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council. II. DESCRIPTION OF REQUEST The applicant is proposing to rezone a portion of the West Vail Fire Station parcel from General Use (GU) to Housing (H) in order to facilitate the creation of a site for future development. This portion of Parcel A will be combined with a property identified as Parcel D on the Chamonix Vail Community Townhome Plat to create a future Parcel E. This future Parcel E will be created through a Minor Subdivision process to be reviewed by the Planning and Environmental Commission at a future date. The subdivision application has been delayed due to a scheduling issue with the surveyor. It is necessary to process the rezoning application in advance, or concurrently, with the subdivision application to ensure that the future parcel will have unified zoning. It is anticipated that, if approved, the newly created and consistently zoned site will be sold to generate revenue to offset the Town of Vail subsidy provided for the development of the 32 Unit Chamonix Vail Townhome project. The graphic below shows that portion of Parcel A proposed to be rezoned from General Use (GU) District to the Housing (H) District. _ ... 1WQYt, - The proposed rezoning, which must be approved via ordinance by the Vail Town Council, will not take effect until the recordation of the final plat, creating Parcel E, has occurred with the Eagle County Clerk and Recorder. This condition will be included with the ordinance relating to the rezoning. Permitted and conditional uses allowed in the Housing (H) District may be found in Section IV, applicable planning documents. Town of Vail Page 2 III. BACKGROUND The background of Parcel A, a resubdivision of Tract D, Vail Das Schone Filing is as follows: • On December 12, 1980 the subject property was annexed into the Town of Vail, via Ordinance No. 43, Series of 1980. • On November 18, 2008, Parcel A was rezoned from Commercial Core 3 (CC3) zone district to General Use (GU), via Ordinance No. 26, Series of 2008. • On January 6, 2009, the Town Council adopted an amendment to the Official Land Use Map, a component of the Town of Vail Land Use Plan, via Resolution 2, Series of 2009 to classify the property as being within the Chamonix Land Use category. The same resolution also adopted the Chamonix Master Plan. • In 2010/11, The West Vail Fire Station was constructed. IV. APPLICABLE PLANNING DOCUMENTS The Community Development Department believes that following provisions of the Chamonix Master Plan, Vail 20/20 Strategic Action Plan, Vail Land Use Plan, Vail Housing 2027 Plan, and the Vail Town Code are relevant to the review of this proposal: Chamonix Master Plan 2009 and as Amended 2019 Housing within the site shall be consistent with the permitted and conditional uses of the Housing (H) District. The site should be optimized to provide the greatest amount of employee housing. Re -zoning the site to Housing (H) District is preferred to allow flexibility in design and development. 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 then details 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 AND DEVELOPMENT Goal #4: Provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Use employee housing fund for buy -downs and other programs that will increase the number of employees living within the town. Town of Vail Page 3 • Address the zoning regulations to provide more incentives for developers to build employee housing units. 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. 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. Town of Vail Page 4 2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 6. Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7. New subdivisions should not be permitted in high geologic hazard areas. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 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 Housing 2027 — A Strategic Plan for Maintaining and Sustaining Community through the Creation and Support of Resident Housinq 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 Town of Vail Page 5 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 #2 — Energy Efficiency: Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the Town's contribution to greenhouse gas emissions and impact on global climate change. 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. Vail Town Code — Zoning Regulations - These sections are included to provide the Commission with an understanding of the permitted and conditional uses in the Housing (H) District. Title 12, Chapter 6, Article 1: Housing Town of Vail Page 6 12-6I-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. 12-6I-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee housing units, as further regulated by chapter 13 of this title. Passive outdoor recreation areas, and open space. 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: Automated teller machines (ATMs) exterior to a building. Banks and financial institutions. Business offices and professional offices, as further regulated by section 12-16-7 Town of Vail Page 7 of this title. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission.- A. ommission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. 12-61-4: ACCESSORY USES: The following accessory uses shall be permitted in the H district.- Home istrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Town of Vail Page 8 Minor arcades. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-61-5: 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. 12-61-6: 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. 12-61-7: LANDSCAPING AND SITE DEVELOPMENT: Town of Vail Page 9 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. 12-6I-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. nclude: 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. 12-6I-9: LOCATION OF BUSINESS ACTIVITY: A. Limitation; Exception: All conditional uses in section 12-61-3 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. 12-6I-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. lan:1. Lot area and site dimensions. Town of Vail Page 10 2. Building height. 3. Density control (including gross residential floor area). 12-6I-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. 12-6I-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. Town of Vail Page 11 12-6I-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. V. SITE ANALYSIS Address: 2399 N. Frontage Rd W (portion of the site to be rezoned)* Legal Description: Vail Das Schone, Filing 1, Parcel A, a resubdivision of Tract D Parcel A Lot Size: 1.322 acres (57,586 square feet) Portion of Site to be Rezoned: 0.121 acres (5,291 square feet) Existing Zoning: General Use (GU) Proposed Zoning: Housing (H) District Land Use Plan Designation: Chamonix Master Plan Current Land Use: Undeveloped portion of West Vail Fire Station Anticipated Future Land Use. Market Rate and Employee Housing Geological Hazards: Steep Slopes Town of Vail Page 12 VI. SURROUNDING LAND USES AND ZONING VII. REVIEW CRITERIA Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: The extent to which the zone district amendments are consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. The development objectives for the community as identified in the Chamonix Master Plan, Vail 20/20 Strategic Action Plan, Land Use Plan, Environmental Sustainability Strategic Plan, and the Vail Housing 2027 Plan are: • Housing within the site shall be consistent with the permitted and conditional uses of the Housing (H) District. (Chamonix Master Plan) • Continue to manage growth through infill development with high quality residential, commercial and recreation uses that maintain the quality, character and diversity of the town. • Support the development of employee housing to support the local economy, and reduce the environmental impacts of transportation. • Reduce total Vehicle Miles Travelled (VMT) by commuters and guests by 20% by 2020. The zone district amendment is consistent with the applicable elements of the adopted goals, objectives and policies outline in the Vail Comprehensive Plan. As proposed, the amendment increases the amount of land area in the Town of Vail designated for deed - restricted housing, yet maintains the availability of town -owned facilities most often associated with development in the General Use District. Arguably, this amendment is not only compatible with the development objectives of the Town, but it advances the Town's development objectives by increasing opportunities for desirable outcomes that may not exist otherwise. This amendment furthers the Town's housing goals and advances the Vail Town Council critical actions, as identified in the Vail Town Council Action Plan 2018-2020. Staff finds this criterion to be met. Town of Vail Page 13 Existing Use Zoning District North: Undeveloped Land Housing H South: Interstate 70 None East: Shell Gas Station Heavy Services HS West: Single Family Residence Two Family Primary/Secondary (PS) VII. REVIEW CRITERIA Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: The extent to which the zone district amendments are consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. The development objectives for the community as identified in the Chamonix Master Plan, Vail 20/20 Strategic Action Plan, Land Use Plan, Environmental Sustainability Strategic Plan, and the Vail Housing 2027 Plan are: • Housing within the site shall be consistent with the permitted and conditional uses of the Housing (H) District. (Chamonix Master Plan) • Continue to manage growth through infill development with high quality residential, commercial and recreation uses that maintain the quality, character and diversity of the town. • Support the development of employee housing to support the local economy, and reduce the environmental impacts of transportation. • Reduce total Vehicle Miles Travelled (VMT) by commuters and guests by 20% by 2020. The zone district amendment is consistent with the applicable elements of the adopted goals, objectives and policies outline in the Vail Comprehensive Plan. As proposed, the amendment increases the amount of land area in the Town of Vail designated for deed - restricted housing, yet maintains the availability of town -owned facilities most often associated with development in the General Use District. Arguably, this amendment is not only compatible with the development objectives of the Town, but it advances the Town's development objectives by increasing opportunities for desirable outcomes that may not exist otherwise. This amendment furthers the Town's housing goals and advances the Vail Town Council critical actions, as identified in the Vail Town Council Action Plan 2018-2020. Staff finds this criterion to be met. Town of Vail Page 13 2. The extent to which the zone district amendments are suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. The zone district amendment is suitable with the existing and potential land uses on the site as well as the existing and potential surrounding land uses. As proposed, a 5,291 square foot portion of Parcel A is being added to future Parcel E in accordance with the Town's subdivision regulations. This amendment ensures that the zone district designation of future Parcel E is consistent with existing Parcel D. Parcel D, as zoned, provides for both free-market and resident -occupied, deed -restricted residential uses. Since the development potential of future Parcel E is based upon approval of an Approved Development Plan, and not a proportional percentage of the lot area, this additional land area does not proportionally impact the size of any future structure, or increase the intensity of the future uses on site. The additional square feet of land area to be zoned into the Housing District does not negatively impact existing and potential surrounding land uses. Staff finds this criterion to be met. 3. The extent to which the zone district amendments present a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The zone district amendment presents a harmonious, convenient, and workable relationship among land uses which are consistent the Town's development objectives. The rezoning facilitates the creation of future Parcel E in a rectilinear configuration improving the constructability of the site. Staff finds this criterion to be met. 4. The extent to which the zone district amendments provide for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. The proposed zone district amendments provide for the growth of an orderly viable community by establishing sites for employee housing and other residential uses in locations near existing infrastructure, including existing roads, utilities, and bus service. The amendment does not constitute spot zoning as it is compatible with and supportive of adjacent land uses, and is supported by several community goals identified in the comprehensive plan. The Community Development Department finds that rezoning a portion of Parcel A to the Housing (H) district serves the best interest of the community as a whole. Staff finds this criterion to be met. Town of Vail Page 14 5. The extent to which the zone district amendments result in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. The proposed rezoning will not directly result in adverse impacts to the natural environment. Future developments on the rezoned parcels will be required to adhere to all applicable environmental standards during development review, construction and operation. Any development in the Housing (H) District will also require review of a development plan by the Planning and Environmental Commission, as well as review of the design and landscaping plan by the Design Review Board. Although located on a hillside, this application is subsequent to PEC19-0036, an application for a variance to allow for development in the Housing Zoning District on a slope of forty percent (40%) or greater, located at 2420 Chamonix Lane. Staff finds this criterion to be met. 6. The extent to which the zone district amendments are consistent with the purpose statement of the proposed zone district. The proposed rezoning is consistent with the purpose statement of the Housing (H) District and future developments on theses sites will also be required to be compatible with its intent, as demonstrated through the amended development plan. Below is the purpose statement for the Housing (H) zone district. Housing Section 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. Staff finds this criterion to be met. Town of Vail Page 15 7. The extent to which the zone district amendments demonstrate how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The portion of the site that is proposed to be rezoned is not being used by the Vail Fire Department, which also has no plans for its future use. Combined to create future Parcel E, the rezoning will facilitate future development in the Housing District, a more appropriate and beneficial use. Staff finds this criterion to be met. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezonings. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto" Should the Planning and Environmental Commission choose to forward this recommendation of approval, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Sections VII of the Staff memorandum to the Planning and Environmental Commission dated September 9, 2019, and the evidence and testimony presented, the Planning and Environmental Commission finds: Town of Vail Page 16 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town, and 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " IX. ATTACHMENTS A. Map illustrating portion of Parcel A to be rezoned. B. Chamonix Vail Community Parcel E Application Narrative, 07-29-2019 Town of Vail Page 17 fi 1 Ld ce. ;u IX�l 4v +„ 4kV /• fir.-'�;x ,�., � �, '�'�� '���,s � 1• AA _ _ . � _. � ort ,1}+'���'�� -i � w.`; _. � ia.• �, �, •��'. Il 0 _0 -I Lo �LO I N 0 H MEMORANDUM To: Chris Neubecker, Planning Manager From: George Ruther, Housing Director, representing the Vail Town Council Date: July 29, 2019 Re: Chamonix Vail Development Parcel — Chamonix Master Plan Amendment, Minor Subdivision, Zone District Boundary Amendment, Conditional Use Permit, Variance, and Amendment to Approved Development Plan Applications (PEC19-0032 to PEC19-0036 and PEC19-0040). I. PURPOSE The Vail Town Council has instructed the Town staff to submit the necessary development applications to facilitate the sale of future Parcel E, of the Chamonix Vail Neighborhood. The expressed purpose of the sale is to encourage infill residential development, generate revenue from the sale of the property, and to support the creation of one additional deed -restricted home on the Chamonix Vail Parcel. The purpose of this memorandum is to provide a summary of the Town's development applications for a: 1) An amendment to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category; 2) Minor subdivision; 3) Zone district boundary district; 4) Conditional use permit; 5) Variance; and 6) An amendment to the Chamonix Vail Neighborhood Approved Development Plan. Each of the applications is intended to finalize the creation of the development parcel at 2420 Chamonix Lane. The first step in finalizing the creation of this development parcel began at the time the Chamonix Vail Community Plat was recorded. According to the approved Plat, "For the purpose of this Plat, Parcel D is reserved for future development by Declarant. Parcel D may be withdrawn from the Chamonix Vail Common Interest Community by Declarant as set forth in the Declaration of Covenants, Conditions and Restrictions for the Chamonix Vail Community." Additional steps are underway to prepare the parcel for development as originally contemplated with the recording of the Plat. II. REQUEST The Housing Department of the Town of Vail, acting on the direction of the property owner, the Town of Vail, represented by the Vail Town Council, is requesting approval of six development applications. The six applications include the following: 1. Chamonix Master Plan Amendment: The Chamonix Master Plan was adopted by the Vail Town Council on January 6, 2009, pursuant to Resolution No. 2, Series of 2009. The master plan area is the entire former Hud -Worth property, including the West Vail Fire Station (Parcel A and Parcel B). According to the adopted Plan, the charge made by the Vail Town Council was to "optimize the site" with the ultimate goal of balancing density with neighborhood impact, traffic, parking, aesthetics, sustainability, and value in a way that addresses the need for affordable housing in the community. The purpose of the master plan amendment is to update certain references within the plan to facilitate the intended residential development on Future Parcel E. An amendment to the Chamonix land Use Category is also necessary to allow for non -deed restricted residential development. This amendment is shown below with new text in bold: CMP Chamonix Master Plan Area Included in this category are those properties which are identified as being included in the Chamonix Master Plan boundaries. Properties located within this land use category shall be encouraged to develop, per the Master Plan recommendations, as it has been found necessary in order for Vail to remain a successful resort community. Uses and activities for these areas are intended to encourage a safe, convenient and pleasant resident experience. The range of uses and activities appropriate in the Chamonix Master Plan (CMP) land use category may include deed restricted employee housing, dwelling units permitted as conditional uses in the Housing (H) District, private recreation facilities, private parking facilities, and institutional/public uses such as afire station and other municipal facilities to serve the needs of residents. 2. Minor Subdivision: The Vail Town Code defines a "minor subdivision" as any subdivision containing not more than four (4) lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property. In September of 2017, the Town of Vail, serving as the Declarant, created Lots 1 through 32 of the Chamonix Vail Community Parcel C of the Chamonix Vail Community, and remaining Parcel D for future development. As Parcel D is not a legal stand-alone lot as it was created through a Townhome Plat, a further subdivision process is necessary. At this time, the Town of Vail seeks to amend both the size and configuration of Parcel A and Parcel D through a change in the common property line location, as depicted on the attached map. No new unplatted property is being subdivided. Instead, a 5,291 square foot portion of Parcel A is being added to Parcel D thereby amending both the size and configurations of the two parcels, respectively. The purpose of this minor subdivision is to facilitate residential development on future Parcel E. The new legal description for the minor subdivision shall be: Final Plat Chamonix Vail Community Parcel E a resubdivision of Parcels A and B, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 Town of Vail, County of Eagle, state of Colorado The applicant's response to the criteria for a minor subdivision is set forth in Section III of this memorandum. 3. Zone District Boundary Amendment: According to the Official Zoning Map of the Town of Vail, Parcel D is zoned Housing (H) District and Parcel A is zoned General Use (GU) District. Upon approval of the minor subdivision application, that portion of Parcel A which shall become a part of Parcel D, will need to be rezoned from the General Use (GU) District. The Town of Vail is requesting approval to rezone a portion of Parcel A to the Housing (H) District, consistent with the remaining portion of future Parcel E. The purpose of this zone district boundary request is to facilitate residential development on future Parcel E. The applicant's response to the criteria for a zone district boundary amendment is set forth in Section III of this memorandum below. 4. Conditional Use Permit: Dwelling units, which are not employee housing units, are allowed within the Housing (H) District, subject to the issuance of a conditional use permit. In this instance, the criteria established for granting approval of a conditional use permit to allow for non -deed -restricted dwelling units are listed in Section 12-61-3 of the Vail Town Code. A response to the criteria is set forth in Section III of this memorandum below. 5. Variance: Chapter 12-21 of the Vail Town Code prescribes regulations for building within hazard areas in the Town of Vail. Further, Section 12-21-10, Development Restricted, indicates "no structure shall be built on a slope of 40% or greater, except in the single-family or two-family primary/secondary residential zone districts. Residential structures allowed in those two districts include single-family dwellings and two-family dwellings. The purpose of this variance approval is to allow for the construction of a multiple family dwelling on a portion of a development site with slopes 40% or greater. The applicant's response to the criteria for a variance approval is set forth in Section III of this memorandum, below. 6. Amendment to an Approved Development Plan: An Approved Development Plan was adopted for Lots 1 through 32, Parcel C, and Parcel D. The new Chamonix Vail Townhomes were constructed and completed consistent with the Approved Development Plan. Parcel D, remains vacant at this time and available for future development as noted on the recorded final plat. It 3 was the property owner's intent to exclude Parcel D from the Chamonix Vail Neighborhood development. The Town of Vail requests approval of an amendment to the Approved Development Plan. The Amended Approved Development Plan is intended to be in two phases; one for the existing Chamonix Townhome Development with minor modifications and a second for development on future Parcel E, The Development Plan for future Parcel E shall include the following development standards: • Permitted, Conditional and Accessory Uses: Those uses listed in Sections 12-61-2 through 4, respectively, as prescribed by the Vail Town Code. • Setbacks: Those requirements prescribed by Section 12-61-5 of the Vail Town Code, as further depicted on the Amended Approved Development Plan. • Site Coverage: Those requirements prescribed by Section 12-61-6 of the Vail Town Code. • Landscaping and Site Development: Those requirements prescribed by Section 12-61-7 of the Vail Town Code. • Parking and Loading: Those requirements prescribed by Section 12-61-8 of the Vail Town Code. • Lot Area and Site Dimensions: as prescribed by the Planning and Environmental Commission, and as depicted on the approved development plan • Building Height: The allowable building height shall not exceed 40 feet (40') for a flat or mansard roof. For a sloping roof, the height of the building shall not exceed 44 feet (44'). A maximum building elevation related to Chamonix Road consistent with the Chamonix Master Plan will also be included. • Density Control Provisions for Parcel E: a) Number of dwelling units —a total of up to four dwelling units within a single structure on the combined area of Parcel E. At least one of the dwelling units shall be a deed - restricted EHU. b) Total gross residential floor area (GRFA) — Not more than 7,200 square feet of GRFA total. The one deed -restricted EHU shall be a minimum of 1,200 square feet in size. The first 1,200 square of GRFA shall be excluded from any GRFA calculation. C) GRFA Calculation - For the purposes of determining compliance with the density control provisions, GRFA shall be calculated pursuant to Section 12-15-3 of the Vail Town Code. III. DEVELOPMENT APPLICATIONS; RESPONSE TO REVIEW CRITERIA A. Chamonix Master Plan Amendment The Chamonix Master Plan does not prescribe criteria for the review of a proposed amendment to the plan. That said, however, the same review criteria are used in the preparation of the amendment to the master plan as have been relied upon by the Town's Planning & Environmental Commission and supported by the Community Development Department for the past three decades. Those criteria include: :l 1. How have conditions changed since the original adoption of the Master Plan? Conditions have changed substantially since the adoption of the Chamonix Master Plan more than a decade ago. In the time period since the adoption of the plan the following actions have taken place: • The West Vail Fire Station has been fully completed • The Chamonix Vail Townhomes Approved Development Plan has been approved • The development of the Chamonix Vail Townhomes has been completed • The availability and affordability of resident -occupied, deed -restricted homes for Vail residents has become the #1 most critical issue facing the Vail community • The Vail Town Council has since adopted the Vail Housing 2027 Strategic Plan and adopted a goal of acquiring 1,000 new deed -restrictions by the year 2027 2. How does the proposed amendment to the Chamonix Master Plan achieve the desired outcomes intended of the plan? The proposed amendment continues to achieve the intended outcome of the plan. As intended, the site was identified for deed -restricted homes for Vail residents. As such, and as recommended within the plan, the site was to be rezoned to the Housing (H) District. The Housing (H) District allows free market dwellings to be developed within the District. During the course of the development of the Chamonix Vail Townhomes, Parcel D was identified as an area too costly to reasonably construct deed -restricted homes. To that end, Parcel D was set aside on the Final Plat for Chamonix Vail Community as a future site for residential development. The Vail Town Council, acting on behalf of the owner of the property, has instructed the Town staff to submit the applications necessary to facilitate the sale of future Parcel E, and, in doing so, ensure at least one additional deed -restricted home is constructed on the site. By intention, proceeds from the sale are intended to be used to offset the $4M financial subsidy provided by the Vail taxpayer to develop the Chamonix Vail Townhomes and to further advance the Town's adopted housing goal. 3. How is the Chamonix Master Plan in error? The plan is in error as it does not accurately acknowledge or fully recognize the permitted and conditional uses prescribed by the recommended zone district designation of Housing (H) District. The plan correctly recommends rezoning Parcel B to the Housing (H) District yet fails to acknowledge that free market dwelling units are allowed in the District when developed for the sole purpose of subsidizing the deed -restricted homes on the property. The Town provide a nearly $4M subsidy in the development of the Chamonix Vail Townhomes. Parcel D was set aside on the recorded plat for future residential development. A portion, if not all, of that future residential development was intended to be free market dwelling units. Minor Subdivision: Before recommending approval, approval with conditions or disapproval of the preliminary plan, the planning and environmental commission shall consider the following criteria with respect to the proposed subdivision: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed minor subdivision is consistent with the applicable elements of the adopted goals, objectives and policies as outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town. For the purpose of demonstrating compliance, the applicant relied upon the following planning -related documents for guidance: • The Vail Land Use Plan • The Chamonix Vail Community Plat • The Vail Housing 2027 Strategic Plan • The Town of Vail Zoning Regulations Examples of consistency and compatibility include: • 2018 Town of Vail Housing Policy Statements • 2011 Chamonix Master Plan Amendment • The Town of Vail Subdivision Regulations Vail Land Use Plan — In 2009, the Vail Town Council adopted Resolution No. 2, Series Of 2009: A Resolution Adopting The Chamonix Master Plan, To Facilitate The Development Of Employee Housing And A Fire Station On The "Chamonix Parcel" And "Wendy's Parcel" And To Amend The Vail Land Use Plan, Pursuant To Section 8-3, Amendment Process, Vail Land Use Plan To Designate The Chamonix Master Plan Area Located At 2399 North Frontage Road And 2310 Chamonix Road/Parcels A And B, Re -Subdivision Of Tract D, Vail Das Schone Filing No. 1. Since the adoption of Resolution No. 2, the West Vail Fire Station has been completed on Parcel A as intended. Further, the Chamonix Vail Neighborhood has also been completed as intended. At this time, only Parcel D is yet to be developed as intended. This minor subdivision application is the final phase to be completed. The small, triangular portion of Parcel A that is to be added to Parcel D by this subdivision facilitates development on future Parcel E without having any negative impacts on the operation and continued use of the fire station on Parcel A. There is no minimum lot size requirement in the General Use district, regardless, Future Parcel A remains more than 1.2 acres in size. This subdivision is consistent with the intent of the Vail Land Use Plan recommendations. • Chamonix Vail Community Plat — According to the approved Plat, "For the purpose of this Plat, Parcel D is reserved for future development by Declarant. Parcel D may be withdrawn from the Chamonix Vail Common Interest Community by Declarant as set forth in the Declaration of Covenants, Conditions and Restrictions for the Chamonix Vail Community." This minor subdivision, through the inclusion of a small portion of Parcel A, does not violate, or in anyway frustrate, the intended purpose of Parcel D, as set forth in the approved Community Plat. In fact, in many ways, it only improves and further enhances the original development objectives for Parcel D. • Town of Vail Zoning Regulations — The Zoning Regulations have been enacted for the general 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. The proposed minor subdivision advances the general purpose of the Zoning Regulations and helps to sustain the Town's character as a resort community of the highest quality. This will be further achieved as any future development application shall be required to demonstrate continued compliance with the adopted Zoning Regulations. • 2018 Town of Vail Housing Policy Statements - In July of 2018, the Vail Town Council adopted its first housing policy statements. According to Resolution No. 30, Series of 2018, "through the adoption of housing policy statements, it is the Vail Town Council's intent to articulate the approaches the Town will take to realize its vision, achieves its housing goal, and address the most critical issue — housing —facing the Vail community." This minor subdivision is consistent with the following housing policy statements adopted by the Vail Town Council: o #1 Housing IS infrastructure o #2 Housing Partners o #3 Private Sector Importance o #5 Breakdown Barriers o #6 Funding Creates Deed -Restrictions o #10 Funding is Policy 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and The proposed subdivision complies with the standards prescribed within the Vail Town Code, including Title 12, "Zoning Regulations". The proposed minor subdivision is simply a 7 resubdivision of already subdivided and developable land that is already lawfully platted with associated development rights. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The proposed minor subdivision presents a harmonious, convenient, workable relationship among surrounding land uses consistent with Vail's development objectives. Historically, the Town of Vail has articulated its development objectives as the specific purposes contained within Section 12-1-2 (B) of the Vail Town Code. To that end, in part, the proposed minor subdivision provides for adequate light, air, sanitation and drainage given the resulting infill development; promotes safe and efficient pedestrian and vehicle traffic circulation given its adjacency to Chamonix Lane; conserves and maintains established community qualities and economic values as the property is already developable and any resulting development must comply with the Town's adopted design review guidelines and standards; and does not create excessive population densities or overcrowding. 4. The extent of the effects on the future development of the surrounding area; and The proposed minor subdivision will result in positive impacts on the surrounding area. The two properties are platted and zoned for development. If it were not for the exponential cost of developing on Parcel D, it would have been developed with residential uses and structures in conjunction with the Chamonix Vail Neighborhood. As a result of the plat covenant and the Approved Development Plan requirements, future development on the site is limited to low density residential structures designed in compliance with the Town's adopted design review guidelines and standards. In sum, the structure built on the site will be used similarly to other structures existing in the residential neighborhood and be designed in a similar context, consistent with the adopted design guidelines and standards. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and The proposed minor subdivision is located and designed in such a manner that avoids creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities. The area surrounding the proposed minor subdivision is fully developed and properly served by existing public utilities and services. Given the infill development nature of this application, a "leapfrog" pattern of development is avoided. Infill development is a proven means of adding density within an existing neighborhood with no adverse impacts on community character within the area. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and The utility lines are sized to serve the planned ultimate population of the service area and avoid future land disruption to otherwise upgrade undersized lines. As a result of the proposed minor subdivision, a maximum of four dwellings units could be constructed on the combined area of future Parcel E. Utility providers have previously confirmed the adequacy of the size of the lines and services to accommodate the likely increase in population resulting from a total of four new dwelling units. In fact, an existing water line was looped in the neighborhood during the infrastructure installation at Chamonix Vail to better accommodate development in the area. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and The proposed minor subdivision promotes the growth of an orderly, viable community and serves the best interest of the community as a whole. Town of Vail taxpayer monies were used to acquire the Chamonix Vail property. Parcel D is a developable portion of the site. As a result of this minor subdivision approval, the Town intends to sell the vacant land for free-market and deed -restricted residential development. Net proceeds from the sale of future Parcel E will help to reduce the taxpayer subsidy provided in the original purchase, and subsequent development, of the property. Further, this minor subdivision creates an opportunity for infill development. Infill development is often a preferred means of growth of a community as it takes advantage of existing services and infrastructure without expanding the community boundaries to accommodate growth. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed minor subdivision results in beneficial impacts on the natural environment, including vegetation, undeveloped hillsides, wildlife and other desirable natural features. Given the infill nature of future Parcel E, and the land disturbance already existing from the installation of public utilities and the construction of Chamonix Lane, one additional built structure within an already existing built -out neighborhood is not detrimental to the natural environment. In fact, it could be argued that accommodating infill development has less of a negative impact on the natural environment than greenfield development achieved through expansion of the Town's municipal boundary. An alternative to infill development would be to accommodate growth and expansion on undeveloped areas surrounding the boundaries of the community. 9. Such other factors and criteria as the commission deem applicable to the proposed subdivision. C. Zone District Boundary Amendment: Factors, Enumerated: Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: (1) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The zone district amendment is consistent with the applicable elements of the adopted goals, objectives and policies outline in the Vail Comprehensive Plan. As proposed, the amendment increases the amount of land area in the Town of Vail designated for deed -restricted housing, yet maintains the availability of town -owned facilities most often associated with development in the General Use District. Arguably, this amendment is not only compatible with the development objectives of the Town, but it advances the Town's development objectives by increasing opportunities for desirable outcomes that may not exist otherwise. This amendment furthers the Town's housing goals and advances the Vail Town Council critical actions, as identified in the Vail Town Council Action Plan 2018-2020. (2) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents; and The zone district amendment is suitable with the existing and potential land uses on the site as well as the existing and potential surrounding land uses. As proposed, a 5,291 square foot portion of Parcel A is being added to future Parcel E in accordance with the Town's subdivision regulations. This amendment ensures that zone district designation of future Parcel E is consistent with existing Parcel D. Parcel D, as zoned, provides for both free-market and resident -occupied, deed -restricted residential uses. Since the development potential of future Parcel E is based upon approval of an Approved Development Plan, and not a proportional percentage of the lot area, this additional land area does not proportionally impact the size of any future structure, or increase the intensity of the future uses on site. The additional square feet of land area to be zoned into the Housing District does not negatively impact existing and potential surrounding land uses. (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The zone district amendment presents a harmonious, convenient, and workable relationship among land uses which are consistent the Town's development objectives. For instance, when this portion of Parcel A is rezoned to the Housing District, it increases the constructability of development on future Parcel E, given the recta -linear configuration of the site. Moreover, the change in zoning increases the marketability of the property, thereby increasing the economic incentive granted by the Zoning Regulations to support resident -occupied, deed -restricted homes within the community. In many ways, this application achieves and supports exactly what is intended by the Town's development objectives. 10 (4) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and The zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning. The requested change from the General Use District to the Housing District allows the entire site to be zoned consistent with the Town's development objectives and further supports the Town's goal of acquiring 1,000 new resident -occupied, deed - restrictions by the year 2027. According to the 2018 Housing Policy Statements adopted by the Vail Town Council, "Housing IS Infrastructure" and infrastructure is the support system of a whole community. Further, it is unclear how a claim of "spot zoning" could apply to this application, and therefore, irrelevant and does not pertain. (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The zone district amendment has no negative impacts on the natural environment. As presently zoned, both the General Use District and the Housing District grant certain development rights. One would be hard pressed to characterize future Parcel E as critical habitat or ecologically sensitive for natural environment purposes. This application supports infill development. (6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and The zone district amendment is consistent with the purpose statement of the Housing District. According to Section 12-61-1, in part, the purpose of the District is, "intended to provide adequate sites for employee housing..." As proposed and covenanted, future development on the site is limited to three free-market homes and one, resident -occupied, deed -restricted home. This use is clearly consistent with the purpose provisions of the Housing District. (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and The zone district amendment is supported by demonstrated changes in conditions which are no longer appropriate or relevant. The entire Chamonix Property was purchased by the Town for an intended purpose. Parcel A was acquired by the Town of Vail to construct a fire station in West Vail. To do so, Parcel A was platted and zoned to the General Use District. As a result, the fire station has been completed as planned. The 5,291 square foot portion of Parcel A is no longer needed to accomplish the development objective and may not have been included in the original plat had it been known at the time. 11 Further, Parcel B and Parcel C were created to support the development of resident -occupied, deed -restricted homes. The new Chamonix Vail Neighborhood was completed on the combined area of Parcels. Parcel D was subsequently created to accommodate future residential development. The inclusion of a portion of Parcel A, through a minor subdivision, supports that purpose. Changing the zoning to the Housing District achieves the Town's development objective for future development on Parcel E without negatively impacting the current or future use of Parcel A. (8) Such other factors and criteria as the commission deems applicable to the proposed rezoning. D. Conditional Use Permit: Factors Enumerated: 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 development objectives of the town. Free-market (non -deed -restricted) homes are an allowed use in the Housing District provided their sole purpose is to subsidize resident -occupied, deed -restricted housing on the property. Upon approval of the five development applications, the Town of Vail intends to sell Parcel E, with covenants, for free-market and deed -restricted residential development. Arguably, the relationship and impacts of free-market development are no different than deed -restricted development. The only difference is who is permitted to occupy the home. Residential uses are permitted on the site today. This application does not change the uses on the site. 2. 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 facilities needs. The conditional use permit will have no negative effects upon the light and air, distribution of population, transportation facilities, etc. Again, residential development is permitted on the site today. This application does not result in any negative impacts simply because of who is permitted to occupy the homes. 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 streets and parking areas. The conditional use permit will have no negative effects upon traffic. Future development on the site shall be designed to comply with the Town's adopted standards for development. Again, residential development is already permitted on the site today. This application does not result in any negative impacts simply because of who is permitted to occupy the homes. For 12 example, residents of deed -restricted homes do not have any greater or lesser impact on removal of snow than residents of free-market homes. 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 conditional use permit will not have a negative effect upon the character of the area, including scale and bulk of the proposed use in relation to the surrounding area. As contemplated, and prescribed by the development standards proposed for Parcel E, the new residential structure will be similar in scale and bulk to similar residential structures in the immediate vicinity. For example, by covenant and development approval, the new residences will be a maximum of 7,200 sq. ft., respectively with a maximum building height of 44 feet. According to Eagle County Assessor's information, existing multiple -family homes in the immediate vary greatly in size, with the most adjacent homes being approximately 7,200 square in size and 44 feet in height or less. 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. An environmental impact report is not required by Chapter 12 of the Vail Town Code, and therefore, waived by the Administrator. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and A total of four dwelling units are proposed on future Parcel E. Three of the dwelling units are non -deed -restricted and one is deed -restricted. The Vail Town Council intends to sell future Parcel E upon approval of the minor subdivision, zone district amendment, conditional use permit, and amendment to the approved development plan. Net proceeds from the sale will be used to reimburse the Town's housing fund for a portion of the nearly $4M subsidy provided to facilitate the development of the Chamonix Vail Neighborhood. B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and A total of three, non -deed restricted dwelling units are proposed. Upon approval, 36 homes total will be provided within the Chamonix Vail Neighborhood; only three if which are not deed - restricted. As such, approximately 8% of the total number of dwelling units are free market. Furthermore, pursuant to the Approved Development Plan (PEC15-0019), "up to 40,000 square feet" of GRFA is allowed on Parcel B and Parcel C. A total of 7,200 square feet, or only 18%, of 13 free-market GRFA is proposed on future Parcel E. The Zoning Regulations would allow an additional 4,500 square feet, or 11.25%, of GRFA C. Dwelling units are only created in conjunction with employee housing, and The three non -deed -restricted dwelling units may only be constructed on future Parcel E, provided the one, deed -restricted dwelling unit is 1) either already completed and obtained a certificate of occupancy, or 2) is being constructed simultaneously with the non -deed -restricted units and obtained a certificate. Either way, the deed -restricted dwelling unit is provided in conjunction with the non -deed -restricted dwelling units. D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. The three, non -deed -restricted dwelling units are compatible with the site and the buildings and uses on adjacent properties. In fact, in many ways, the proposed development enhances the transition of the site from larger -sized multiple family buildings to smaller -scaled residences to the west and north of the development site. Variance Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The applicant's request is approval of a variance to construct a multiple -family structure with an attached EHU on future Parcel E. According to the Vail Town Code, structures can be built on slopes of 40% or greater without a variance. Multiple -family structures have been permitted on slopes of 40% or greater elsewhere in Town, subject to prescribed development standards (i.e. density control, setbacks, building height, site coverage, off-street parking, etc.) without any negative impacts to existing or potential uses and structures in the vicinity, it is reasonable to infer that the same will be true on the future Parcel E housing site. Examples of which include Middle Creek Village Apartments, Solar Vail Apartments and the Chalets at Mountain Plaza. These were all completed without resulting in negative impacts to the immediate or surrounding areas. A slope stability report was completed by the consulting geotechnical engineers with Ceasare, Inc. The purpose of the analysis was to determine the feasibility of developing a multiple -family structure on the site given the existing slope conditions and the presence of a two-tiered retaining wall immediately adjacent to the south. In analyzing the site and completing the report, the consulting engineers relied upon actual "as -built" conditions to make their findings. The conclusions of the report found that the site was suitable for development provided any future structure has a setback of 25' from the southerly property. Additional analysis is recommended, though not required, by the engineers at the time of design review application submittal. As a result, the future multiple -family residential structure use of the site may undergo additional review 14 to further verify compatibility with the existing uses in the vicinity in the immediate vicinity of the site. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. The variance request is to allow a multiple -family structure with an attached EHU to be constructed on a site in the Housing zone district with slopes 40% or greater. The degree of relief requested from this provision of the Vail Town Code is the minimum amount needed to achieve uniformity of treatment among sites in the district without a grant of special privilege. The presence of the 40% or greater slope condition is the result of several factors. First, the natural topography of the area results in some areas having slopes 40% or greater. Second, the construction of Chamonix Lane and the sluffing of road grade materials down the slope exacerbate the steepness of slope conditions of the site. This road sluffing condition is prevalent outside the platted Chamonix Lane right-of-way. The inconvenient truth of the Town's housing shortage is that greater attention was granted to free- market development in the early days of Vail than was granted to addressing the need for deed - restricted housing. As a result, the more easily developed sites, ones which had no physical hardships or faced any practical difficulties, thereby requiring no variances to develop, were quickly gobbled up and already built upon. In the end, many of the properties now zoned to the Housing district are what is leftover and in the least ideal locations from a development site suitability standpoint. These properties, for example, are negatively impacted by practical difficulties such as challenging access, marginal soils, steep slopes, floodplains and wetlands, geologic hazards, and other similar difficulties. To verify this point one simply needs to look to other Housing district sites to appreciate the resulting difficulties first hand. Timber Ridge Village Apartments were faced with steep slopes and high severity rockfall conditions which caused the need for variances to construct 15 -foot tall retaining walls. Similarly, the Lionsridge Apartments too were faced with naturally occurring steep slopes, road sluffing conditions, and moderate severity rockfall conditions that created the need for substantial rockfall mitigation and retaining walls over 20 -feet in height. The Solar Vail Apartments were impacted by greater than 40% slope conditions requiring the need for variances. Further, the Middle Creek Village Apartments were constrained by both steep slopes and the Middle Creek drainage floodplain, and, the Arosa Duplex was negatively impacted by a debris flow hazard limiting its development potential to something less than otherwise permitted by zoning. The Chamonix Vail Parcel E falls into the same category of practical difficulties as similar Housing zoned developments. To ensure compatibility of future development on the site a companion development plan application has been provided. The companion plan ensures the appropriateness of development with many of the development standards consistent with the Housing zone district. As a result, a multiple -family structure is permitted with the grant of a variance on slopes 40% or greater; any future development on Parcel E will achieve compatibility, consistency and uniformity with the development objectives of the Town Code without a grant of special privilege. 15 None of the practical difficulties or physical hardships described upon are the cause of any actions taken by the applicant. 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 requested variance will have no negative impact or effect on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. This portion of the Chamonix Vail Community has been intended for development since its original platting and, in fact, could have supported increased density and populations. Moreover, some community members have suggested that significantly more density should have been developed on the site, including within the area of future Parcel E. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. The availability of affordable housing remains the #1 most critical issue facing the Vail community. This issue has been at the forefront of community issues as far back as the adoption of the 1973 Vail Plan. At that time, the community identified three critical issues facing the future success of the community. They included: 1) Loading and delivery 2) Parking 3) Seasonal Housing It should not be inferred that little, or nothing, has been done to address the housing needs of the resort community. It is quite the opposite. A significant amount of action has taken place over the past 45 -plus years. Today, the Vail community has acquired an ownership interest in more than 815 deed -restricted homes. The reality, however, is that even with more than 875 deed -restricted homes; the demand for housing still far exceeds both the current and projected supply. Most recent figures provided by the 2018 Eagle River Valley Housing Needs and Solutions Report indicates there will be a shortfall of approximately 4,030 homes with the Eagle River Valley in the year 2020. While the approval of this application results in only one additional deed -restricted home, overall, it further supports the future creation of additional housing through the utilization of nearly one-half acre of already platted and otherwise developable land area in the Town of Vail. Amendment to an Approved Development Plan: 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. W. The proposed amendment to the approved development plan focuses on the development standards and land use regulations. Considerations such as architecture, character, scale, massing, etc. are intended to be addressed during the design review process by the Town of Vail Design Review Board. To that end, to ensure these considerations are addressed consistently, the Town's adopted design standards and guidelines shall apply. Please see the Amended Approved Development Plan (Phase 1 and 2) for all required information concerning the Development Plan. 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. See Criteria A. above. 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. See Criteria A. above. D. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. See Criteria A. above. 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. An environmental impact report is not required by Chapter 12 of the Vail Town Code, and therefore, waived by the Administrator. F. Compliance with the Vail comprehensive plan and other applicable plans. See Section III A (A)(1) of this memorandum above. 17 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: September 23, 2019 ITEM/TOPIC: A request for review of a Minor Subdivision, pursuant to Section 13-4, Minor Subdivisions, Vail Town Code, to create Chamonix Vail Community Parcel E, a resubdivision of Parcels A and B, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1, and setting forth details in regard thereto. (PEC19-0032) The applicant has requested this item be tabled to October 14, 2019. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: September 23, 2019 ITEM/TOPIC: A request for the review of an Amended Development Plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, for amendments to the Chamonix Vail Community Development Plan, Parcel B and a northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 and setting forth details in regard thereto. (PEC19-0035) The applicant has requested this item be tabled to October 14, 2019. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: September 9, 2019 ITEM/TOPIC: A request for the review of a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, to allow for the construction of dwelling units within the Housing (H) zone district, located at located at 2310 and 2420 Chamonix Lane, Parcel B and a northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. land setting forth details in regard thereto. (PEC19-0034) The applicant has requested this item be tabled to October 14, 2019. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: September 9, 2019 PEC Results ATTACHMENTS: File Name Description Pec results 090919.pdf September 9, 2019 PEC Results PLANNING AND ENVIRONMENTAL COMMISSION TOWN Of VAI0 September 9, 2019, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order 1. 1. Attendance Present: Brian Stockmar, Brian Gillette, Rollie Kjesbo, John Ryan Lockman, Ludwig Kurz, Karen Perez Absent: Pam Hopkins Main Agenda 2.1. A request for a recommendation to the Vail Town Council, pursuant to 30 min. Section 12-3-7, Amendment, Vail Town Code, for an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category and setting forth details in regard thereto. (PEC19-0040) Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence Planner Spence introduced the application. He provided some background on the project as a whole. There are six applications that will result in meeting the Town's Council's objective, which is to sell this piece of land to allow for future development. He described the location of the lot behind the West Vail Fire Station, adjacent to the Chamonix Development. Spence explained the order of the applications, which is important to allow for each subsequent application. Three applications are presented today, and other applications will follow. First application is the Chamonix Master Plan. Some elements of the proposal require changes to the Master Plan before moving forward. Spence described that the second application is a variance to development prohibited on slopes over 40%. A rezoning can't be approved without the variance. Third item is the rezoning. Part of the proposed lot is currently zoned Housing (H), and another portion is zoned General Use (GU). Stockmar asked about the future use of the small triangle piece, and if the Fire Department would ever need this site. Spence — Yes, Fire Station staff have determined they do not need this site. Gillette asked if this is the site that the ambulance district was looking to use. There was general discussion about the ambulance district, and there past consideration for land needs in Vail. Spence described the other applications pending, including the future subdivision, and an amendment to the Development Plan. The Development Plan will include development standards, but does not include detailed design elements at this time. Also, a Conditional Use Permit will be proposed in near future. These applications will prepare the site for future development of the vacant site. Perez —Are you asking us to review all six applications? Spence — These first three applications, in order, can stand on their own. Perez — I'm uncomfortable approving a plan that we have only this morning seen the language. Spence —Apologized for the upload error in the PEC packet. Gillette — Has Town Council already approved this? Is this just a formality for us to review? Spence — No, its not just formality. PEC plays an important role in reviewing these applications. The first application is an amendment to the Chamonix Master Plan and Vail Land Use Plan. The Master Plan was premised on 100% deed restrict housing on this site. But the Vail Town Code allows a portion of sites in the Housing zone district to be built as market rate, unrestricted dwelling units. As proposed, an additional use would be allowed, dwelling units, as allowed in the Housing zone district. Spence described that master plans are not regulatory, but staff supports amending the master plan before moving forward with other applications, so that applications are consistent with the master plan. Staff is proposing to amend the language to allow developments that are consistent with the Housing zone district. Lockman — Why was this not done this way originally? Why not originally write it to be consistent with Housing district? Spence — The master plan was largely a visioning document when first written. There is some disconnect between regulatory and master plan documents. He described the difference between this master plan, and others, such as Vail Village Master Plan, or Lionshead Redevelopment Master Plan. Perez — Online version of packet is still not uploaded. Do you have concerns that this was not available to the public, and was this properly noticed? Neubecker — The online version is now correct. I'm looking at it now. Spence — Proper public notice was posted. The documents do not need to be noticed or posted by any specific time. Perez — I see it is now uploaded, but it was not there an hour ago. Stockmar asked about state law for public notice. Spence — Those notice requirements have been met. Stockmar suggested that staff present all the applications at one time, since they are all linked together. Lockman — Why are other elements of the Chamonix Master Plan not being addressed at this time? Are they not relevant to this project, or not impacted, such as AMI requirements? Gillette — If we do this, but don't have to, you lose the ability to learn from your mistakes. If we wipe it out, we would not know what's been done in the past. Stockmar — Laws and plans are often updated, but they do not change the historical documents, which will still be accessible. Laws and plans are amended all the time, as long as we still have access to what was amended. Spence — For example, the master plan specifically states that all development shall be 100% deed restricted housing. Staff would have a hard time supporting an application that didn't include 100% deed restricted housing, which is one reason we support this change before moving forward with other applications. Kjesbo — Was it always contemplated that this would be broken off for development? Spence — It was discussed, an idea that was thought of. Kurz — Mr. Kjesbo is correct, it was more than a discussion on the periphery when this was originally going through review. Stockmar asked for public comment Neal Shubert, 2345 Lower Traverse Way — Concerns about how our property (Chamonix HOA land) is involved in making this happen. Are we giving up and land to make this happen? Spence explained that the Chamonix HOA president has provided written approval of this application. He explained how the individual unit parcels were subdivided in the past, via a townhome plat. This site is not part of the HOA. Its part of the Chamonix development site, by Town Code applications require HOA approval to submit the application. Formation and operation of the HOA are civil matters. Stockmar — Please remind me of how the townhomes and land around it are owned. Spence explained the ownership format of the townhomes, HOA land, and the future development site. The townhome plat reserved this site for future development, but this site is not subject to the HOA. Gillette asked if the HOA president signing the approval to move forward is a conflict of interest. Spence — HOA president is a Town employee, but was functioning in his role as the HOA president. Neal Shubert — I think it's a conflict of interest. Spence explained that the HOA board voted, as required by the HOA by- laws. This was authorized about a month ago. Perez — Earlier you said that this was taken out of the HOA prior to the first sale Spence — Yes, this site was removed from the Chamonix Community, through the townhouse plat. However, its part of a development lot and the Town Code requires HOA approval to moving forward. Stockmar — We do not have purview over a private HOA? Neal Shubert — I'm trying to make sure things are done right. We spent a lot of money to buy here. There was a general discussion of the role of the HOA, and its relationship to its members, rather than Town of Vail involvement. Perez — Does the public have any further concerns before we move forward? Neal Shubert — How and where will access be provided? Spence — Explained the development proposed, including 3 market rate dwelling units, and one EHU (minimum 1200 sq. ft.) Total 7,200 sq. ft. of GRFA proposed, largely compatible with Primary Secondary zoning lots. Access will be from Chamonix Lane. We do not know where construction access will be taken. Stockmar — The HOA would need to provide consent for any access through their private land. Spence — The variance is coming before the rezoning, since the land could not be adequately developed without the variance, thus it's not appropriate to rezone without the variance. He described the parts of the lot that are steeply sloped. He provided a photo to explain the site layout. He explained the reasons behind regulations prohibiting development on steep slopes. A variance is required since the property is in the Housing zone district. Similar development in this zone district received variances, such as at Solar Vail for development on steep slopes. Spence described the location and shape of the Fire Department parcel, and the portion that will be combined to form the new development site. The rezoning would only go into effect upon recording the new subdivision plat. Perez- Where is the access to these lots? Spence — From Chamonix Lane, not from Upper or Lower Traverse Way. Stockmar — The Chamonix HOA could grant that access, if it chooses. Spence — Rezoning of this land would be the third step. He provided some context for the other three development applications that will be coming to the PEC. Spence described the formation of the future development site, and the relationship to the minor subdivision and rezoning. Gillette — Why is the General Use parcel important, it does not look developable? Spence — It's about one-quarter of the site, and is also important because of the required setbacks. It's not important to the GRFA, which is set by the PEC. This piece of land makes the site more developable in a traditional manner. Perez — Why are we deleting the last paragraph on pedestrian circulation? Spence — The original master plan discussed pedestrian circulation, but in reality there is not space to install sidewalks. It's not feasible. Stockmar — What about pedestrian circulation on this piece of land? They will only be able to get to it from the firehouse lot, or Chamonix Lane. Spence explained where pedestrian and vehicular access would be provided from Chamonix Lane, the same as all other developments on this road. Gillette — Who was noticed about these applications? Spence — Adjacent property owners. He showed such properties on a map. Notice included all item on today's agenda. Spence described the development plan, and what is required by the Vail Town Code. He explained how the main development standards would be included, such as height and setbacks, and GRFA. But the applicant is requesting that the details of the site plan and building design be delayed until a later date. He described that the maximum height would be based on the elevation of Chamonix Lane. The applicant proposes to provide more information for the next meeting with PEC. The applicant has requested to separate the details from the main elements, such as height and setbacks and zoning, to provide some entitlements to the land. Additional Public Comment Neal Shubert — Moved here from Miami, where they gave up too much public land. Town might need that land some day in the future. You can't get that back in the future. Gillette — That is beyond the scope of this board, but I suggest you bring your concern to Town Council. Neal Shubert —Asked where the maximum building height will be measured. Gillette —Asked Fire Chief Novak about use of this site for the ambulance district. If we sell this, there will be no opportunity for using this land for the ambulance. Fire Chief, Mark Novak — Discussion of using this site for ambulance operations was prior to my arrival in Vail. We discussed options, and the paramedics decided that the best location for them is at Vail Health. There can be some efficiency for combining ambulance at the same location as the Fire Department. There are no immediate plans, and paramedics have no immediate use for this site. Stockmar —Are you comfortable that you will not need this site in the future? Once this site is sold and developed, we no longer have this option. Novak — Building on this hillside would be very expensive. I have never been involved in discussions on development of this site for the ambulance Spence — Town Council has directed the staff to move forward with this application. We can only reasonably assume that they had discussions of its alternate use. Kjesbo —As I recall, the ambulance district determined that they do not want to build here. Spence — Staff believes that the first three items can stand on their own, and can be voted on today. He requested that the PEC provide specific questions, or information needed, so that we can pass this information to the applicant. Neubecker — The detail of architecture and site design will only be developed after the property is sold to a developer. The future buyer is looking for some assurance on what they are buying and what they can build. But asking for detailed drawings at this time may not be possible. Spence — If the PEC is not comfortable with the current proposal, what additional information or plans are needed to make a decision, short of a full blown development plan? Gillette — Show the site with a cube representing height and setbacks, a 3D model that we can spin around, assuming we have topography. Lockman — I would like to know what a development on this lot could look like. Stockmar — I don't want to see a building looming on this site significantly taller than other buildings. Spence —Applicant is trying to put some entitlements on the site to provide some assurance to a future buyer of this site. Perez — Recommend continuing these items until we can have more details and information from George, including a complete presentation. Spence — What types of questions does the PEC have? Please articulate further. Perez- It would be helpful to have a complete presentation on the last three items. Gillette — Would like to hear more about the future use of the triangle piece of land, and discussions held by Council that this site is not needed. Stockmar — Leaning toward continuing these items until we have more information. Spence — What other questions do you have, so that we can prepare the applicant? Lockman — Looking for clarity on the relationship of the HOA to this property, and the expectations of the owners, since this master plan called for 100% deed restricted housing. Perez — Want to see the picture on the front of the jigsaw box before we put the pieces together. Kurz — I would be ready to move forward on the first three items. I feel comfortable on these items, with the benefit of hindsight, they have been discussed over the past many years. I will defer to the rest of the board. A massing model would be a good idea. Neal Shubert — Encourage everyone to walk the property. There is a drainage line at the end of our property. Who is responsible to tie everything together from our side to this lot? Spence explained the snow storage areas for Chamonix Vail neighborhood. He described the required setbacks from property line. Lockman — Could they build a sidewalk down Lower Traverse Way? There was a general discussion about pedestrian access, and if a walkway could be installed along the northeast side of this site. There was concern that people will create their own path. Stockmar — My preference is that we continue these items. Karen Perez moved to table to September 23, 2019. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.2. A request for the review of a variance from Section 12-21-10 Development 30 min. Restricted, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for development in the Housing Zoning District on a slope of forty percent (40%) or greater, located at 2420 Chamonix Lane/the western portion of Parcels B and the northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 (Future Lot E, Chamonix Vail Community Subdivision), and setting forth details in regard thereto. (PEC19-0036) Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence Karen Perez moved to table to September 23, 2019. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.3. A request for a recommendation to the Vail Town Council for a zone district 20 min. boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto. (PEC19-0033) Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence Karen Perez moved to table to September 23, 2019. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.4. A request for review of a Minor Subdivision, pursuant to Section 13-4, 5 min. Minor Subdivisions, Vail Town Code, to create Chamonix Vail Community Parcel E, a resubdivision of Parcels A and B, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1, and setting forth details in regard thereto. (PEC19-0032) The applicant has requested this item be tabled to September 23, 2019. Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence Karen Perez moved to table to September 23, 2019. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.5. A request for the review of an Amended Development Plan, pursuant to 5 min. Section 12-61-11, Development Plan Required, Vail Town Code, for amendments to the Chamonix Vail Community Development Plan, Parcel B and a northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 and setting forth details in regard thereto. (PEC 19-0035) The applicant has requested this item be tabled to September 23, 2019. Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence Karen Perez moved to table to September 23, 2019. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.6. A request for the review of a Conditional Use Permit, pursuant to Section 5 min. 12-16, Conditional Use Permits, Vail Town Code, to allow for the construction of dwelling units within the Housing (H) zone district, located at located at 2310 and 2420 Chamonix Lane, Parcel B and a northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1and setting forth details in regard thereto. (PEC19-0034) The applicant has requested this item be tabled to September 23, 2019. Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence Karen Perez moved to table to September 23, 2019. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.7. A request for a recommendation to the Vail Town Council, pursuant to 15 min. Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, and amendments to Title 14, Development Standards, Vail Town Code, to update definitions, to remove redundant definitions, and regulations for retaining walls, and setting forth details in regard thereto. (PEC19-0017) Applicant: Town of Vail Planner: Erik Gates Planner Gates presented, and explained that this is a cleanup of the Town Code. The Town Attorney has reviewed this proposed language. Redundant language is proposed for removal. Two ordinances are proposed, for code cleanup and for changes to language on retaining walls on steep slopes. This amendment is something that was recommended by the DRB. We are seeing smaller lots and steeper lots being developed. This forces more retaining walls. Perez — In Title 12, there was supposed to be a cross reference to the actual definitions, not just "all words and phrases not defined herein shall use their customary definitions". Gates - Are you asking that we refer to the Title 12 definitions for the Title 14 definitions we are removing? Perez — Yes Gates — The "customary definitions" language was recommended by the Town Attorney, but we will add in the references to Title 12. Public Comment — None Ludwig Kurz moved to continue to September 23, 2019. Karen Perez seconded the motion and it passed (0-0). Absent: (1) Hopkins 2.8. A request for a recommendation to the Vail Town Council, pursuant to 45 Min. Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, to amend the regulations on building design and landscaping in the W ildland Urban Interface to reduce the risk of wildfire, and setting forth details in regard thereto. (PEC18-0035) Applicant: Town of Vail Planner: Chris Neubecker Planner Neubecker introduced the proposal and its history starting with how the W UI code in its entirety was proposed to be added to the Town Code. The scope has since changed to provide specific regulations related to building materials and limits on landscaping design. In the long term, we plan to place this proposal under a single ordinance with building code revisions. The Fire Department has included our current landscaping pamphlet explaining how properties can be in compliance. Fire Chief Novak began to explain the changes to the code and their reasoning behind it. Wildfires are not a matter of "if" they will happen, but more a matter of "when". Gillette had a question about what will trigger these regulations. Does landscaping require a permit? Neubecker - Just adding landscaping does not require a permit. Novak - Landscaping compliance would only be triggered by developments or alterations that trigger these regulations and only for the portion of landscaping that is disturbed by construction. This is a resiliency and sustainability issue. Fires are getting worse and have a number of health and environmental impacts. Novak continued to elaborate on fire impacts. When homes burn, their runoff is considered hazardous and it contains a number of dangerous materials. There is no greater threat to Gore Creek than a catastrophic wildfire. Fires that are low intensity can improve wildlife habitat, but in our area with our forests, we are likely to only get high intensity fires that permanently alter the local habitat. There is also a public impact; fires can have a large impact on tourism. People left Aspen last year on their vacation because of smoke alone. If we lose a lot of homes, we may struggle to get the workforce back to rebuild quickly. All of Vail is in the wildland urban interface. The town's entire interior is exposed to potential wildfire. We have a different understanding today as to why homes burn than we did 10 years ago. The understanding now is that fires start with embers that can land up to a mile away. Because of our forests, we have infrequent, very intense fires. Clock is ticking on our "stand replacement" fire. Novak showed a map of fire risk severity around Vail. Gillette - When was the last fire here? Paul Cada -. Well over 100 years since the last major fire. As the Chief said, the clock is ticking on another fire. Insects and disease also increase our fire risk. He showed an infographic stating measures to keep Vail fire safe. He mentioned safe evacuation of citizens and monitoring nearby fires. Another key component is to reduce ignition materials present in urban areas. What causes buildings to ignite? This is a question key to understanding wildfire protection. Direct flame contact does cause fires but its rare, ember ignition is far more common. Embers can build up in the nooks of a house and burn it before any surrounding vegetation. Structure to structure conflagration is also an issue, but more of an issue in high urban areas; this is what the original fire code was written for. A house on fire can generate a greater amount of heat than the front of a forest fire. Cada then showed a video demonstrating how a house can catch fire from embers in the air. Stockmar asked a question about the Town's roof replacement program, whether people were taking advantage of it. Neubecker - Staff still receives a lot of expedited reroof applications. Cada - The Fire Department is proposing a suite of code changes to help improve Vail's fire preparedness. The code amendments are for new construction and for additions of over 500 square feet. Gillette asked about how this code change would work with additions, since the entire house will need to match the addition. Cada - In talking with the DRB, they felt confident that applicants would be able to find comparable materials to what is already present on a structure to meet compliance both with the fire code changes and with architectural unity. Gillette asked about someone doing a complete facade replacement, would they be required to meet the code? Cada - No, but that they often meet the code anyway. Gillette - Why you wouldn't require this anyway on facade replacements? Cada - This was done for community acceptance. Stockmar - Many people are already voluntarily complying Cada - These amendments are similar to other hazard regulations with the one exception that is the entire town is within this fire hazard. Adoption of this code would safeguard the current design standards. What is being proposed is already in line with current building trends in Vail. It may not be a 100% perfect solution, but it was important to find a good compromise without imposing too much on the community at once. Embers are a key factor for structure ignition. Cada showed some graphics to support this statement. Cada continued to explain where to find appropriate building materials. Stockmar — What is the reception from insurance companies? Cada - Insurance companies are paying attention to fire risk more and more. The Fire Department is also open to coordinating with local insurance companies. Cada - The allowed building materials include: 1 -hour fire resistant rated material, noncombustible materials, heavy timber or log wall construction, or identified ignition resistant materials. There is also a provision to allow combustible siding up to 33% of a wall and not within 5 feet of the ground level. This provision was discussed with the DRB to allow for more design choices. Most ember fires start at the base of a building. Cada showed some examples of homes in Vail that meet the proposed fire standards without being required to. Gillette asked a clarifying question to make sure standard treated wood complies with this code. Kjesbo - It does. Cada introduce the landscaping/defensible space regulations. These are non -prescriptive; this requires that an applicant submit their landscaping plan to the Fire Department staff for review, who will then give comments. This is done to maximize design choice for applicants. Gillette asked about manpower for these reviews. Novak - The Fire Department will be proposing in the upcoming budget to add another fire employee for reviewing. Cada - They would rely on Planning staff for landscaping inspections, which is already their responsibility, and the Fire Department would get involved with inspections as needed. Kjesbo — Have a concern about the Fire Department being given the power to design landscapes, since the result of this is that the Fire Department gets final say on landscaping. Gillette also expressed concern on this point. There are some scenarios where someone would need to plant trees for screening between neighbors, but Fire wouldn't allow them. Cada showed a picture of an example property that could still have side screening with trees. Gillette expressed skepticism pointing out some trees on the diagram that are within 15' of the structure. Cada - This is why the code is non -prescriptive so that Fire Department can make a staff determination about when its worth having a tree nearer to a residence. Gillette - This will still be not enough for some homes. Cada - This is where smart building construction comes into play. Don't build a bathroom window that is in view of a neighbor. Novak - We have a back and forth discussion with the DRB if that board has a problem with what the Fire Department is requiring. This will require both the Fire Department and DRB to become more familiar with each other's goals. A few years down the line and a lot of those issues will sort themselves out. Perez had a concern about the rate of turnaround for the DRB and Fire Department interplay. Novak - The current turnaround is 10 days and that is the department standard they want to keep. In speaking with the Board of Appeals, it was agreed that codifying required plan review turnarounds is a bad idea. Gillette - I would be comfortable if this didn't require that homes maintain their defensible space after gaining a permit. This is proposed to be a fineable offense if people add trees after the permit is issued. Novak - If this isn't a requirement, then some of these changes don't work. Novak also mentioned that this is not retroactive. Gillette - The proposed wording does not say that is not retroactive. It requires it for all developments. Novak - Higher up in the code it states that none of the changes are retroactive, including the line in question. Perez - The Commission is only getting the proposed amendments piecemeal and not every section the Commission is receiving has this statement about the regulations not being retroactive. Perez also requested that "the Town" be capitalized uniformly. Perez also had an issue with the use of the word "tenants" rather than "occupants" in regard to the Gross Floor Area definition. Gillette - Section 12-11-3A proposed language does require all landscaping changes to be reviewed by the Fire Department, including older buildings. Novak — We will would work with Planning to make the language more consistent and incorporate the language changes proposed by Commissioner Perez. Novak also stated that the intent is to not have the code changes be retroactive, so they will work to make that clearer for the section in question by Commissioner Gillette. Gillette - The intent should be to require applicants install landscaping in accordance to the Fire Department guidelines, but once they have approval and the knowledge from the Fire Department, it should be their choice to add landscaping and put their own home at risk. If the Department starts limiting landscaping, people will go ballistic in Vail. Stockmar - I understand where the Department is coming from and don't want my neighbor's choice to put my own home at risk. He also mentioned that it is important to get language and wording right. Gillette brought up the example that people don't have to keep their home up to building code after receiving a permit. Delete that wording and rely on Title 5. Kjesbo agreed on these points. He agreed that these changes will make the Town safer and that he appreciates the work, but worries that some changes might be taking things too far. Novak — We will come back with changes. Cada - The first owner may know the risks of adding extra landscaping that negates other fire mitigation measures, but future owners would not and may unknowingly live with the added risk. Cada also brought up Chamonix, asking if the developer there had added extra landscaping that was a risk, would they tell the future owners? Gillette said he agreed with this and that people will always want to change their landscaping. Neubecker - The point of these changes is to move the Town in the right direction, not to mitigate all risk. Cada - Asked if the Commission wanted language in Title 12 that encourages but does not require retroactive compliance, while in Title 14 having language requiring compliance for applications that trigger Fire Department review. Perez thanked the Department for coming back to the Commission with specific code language in context. It is helpful for the Commission. Novak asked for clarity on the changes asked for by the Commission. Stockmar stated that they need the minor changes that had previously mentioned and that it would likely be best to continue this to the next meeting. Stockmar I'm in general supportive of the goals of the Fire Department in these proposed changes, and that in the long-term future I wouldn't mind seeing some more prescriptive regulation. After taking the continuation vote, Kjesbo requested a final comment. All consented. Kjesbo wanted clarification that the reduction of evergreen foliage below a certain height be a recommendation for existing properties. Karen Perez moved to continue to September 23, 2019. Ludwig Kurz seconded the motion and it passed (6-0). Absent: (1) Hopkins 3. Approval of Minutes 3.1. August 12, 2019 PEC Meeting Results Perez had some corrections on page 19 of 23. Under Perez's comments, "should would like" should be changed to "she would like", and add the word "and" after "smoking on site". Ludwig Kurz moved to approve with corrections. Karen Perez seconded the motion and it passed (6-0). Absent: (1) Hopkins 3.2. August 26, 2019 PEC Meeting Results Ludwig Kurz moved to approve. Karen Perez seconded the motion and it passed (6-0). Absent: (1) Hopkins 4. Adjournment Rollie Kjesbo moved to adjourn. Karen Perez seconded the motion and it passed (6-0). Absent: (1) Hopkins 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 hour prior to meeting time. Community Development Department Ad #: 0000480189-01 THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE Customer: TOWN OF VAI L/PLAN DEPT/COMM DEVLM NOTICE IS HEREBY GIVEN that the Planning and Your account number is: 1023233 hold a pubfch ztln9" o zio" Nzn a wBh sec oan" 211 3-0, — Town C. on September M. 2019 at PROOF OF PUBLICATION 100 pm in the Town of Vail Muniplael Building. VAIL DAILY A request fa the review of a variance from Secfion 12oae ;.; ...de Ath the p—isim—f S—uns., Vail b wn provisions o 12-1T, Variances, Vail Town Code, to allow for the n -site relocation of a natural s nal stream STATE OF COLORADO darnel, located a1 5002 SnowehoeeLanvLn123, COUNTY OF EAGLE Vail Meadows Filing 1, and seting forty details I,,,- gond lhemto.(PEC19-0012) Applicant: Peregrine Group Development LLC, repnasantad by Wueger Archbecture I, Mark Wurzer, do solemnly swear that I am Publisher of Planner: Jonathan Spence the VAIL DAI LY, that the same daily newspaper printed, in The= and iMormation about the propos- Is are ova table for public inspection dunng office hours at the Town of Vail Community Development whole or in art and published in the County of Eagle, P P `7 9 OeponmenS ]5 $ouh Frongge Roed. The public Is I.1ted to attend site Nsits. Please call 97D -a79- State of Colorado, and has a general circulation therein; all M38amation.ww.vailgov.com/planning io addition - that said newspaper has been published continuously and Sign language intarp—hon available upon re- uninterruptedly in said County of Eagle fora period of quest with 2a -hour nofificati"n, dial ]11. Published September 6,2019 in the Vail Daily. more than fifty-two consecutive weeks next prior to the 0000le01e9 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 forjurisdictions 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 9/6/2019 and that the last publication of said notice was dated 9/6/2019 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 9/10/2019. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 9/10/2019. Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 .1Er�E �YM!J MEp!RdF FiATf atcutnzoo NOTARY Iil2gir�099i9g !fi`/vCfi%¢CGON:Xi'IRI:GAk3Gil57et.26x' Ad #: 0000485884-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM 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 forjurisdictions 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 9/20/2019 and that the last publication of said notice was dated 9/20/2019 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 9/30/2019. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 9/30/2019. / f Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 .1ER USNNMEDINAP t�T0R;PD9l^, FiA7f Oit.pf,Ozoo NOSAftY Ii12i1�Og9i9A W(Ccm"OON:XPIRI:GAk3Gil57et.26x' PLANNING AND ENVIRONMENTAL COMMISSION September 23,2019, 1:00 PM Town Council Chambers 75 S. Frontage Roatl- Vail, Colorado, 81657 1. Call to Omer 1.1. Attendance 2. Main Agenda 2.1. A request for the review of a variance from Section 12-14-17, Setback from Watercourse, Vail Town Cotle, in accordance with the provisions of Section 12-17, Variances, Vail Town Cade, to allow far the an -she relocation at a natural seasonal stream channel, located st 5002 Snowshoe Lane/Lot 23, Vail Meadows Filing 1, and setting fodh details in regard the," - I,_ (PEC19-0042) 20 min_ Applicant: Peregrine Group Development LLC, represented by Krueger Archit-u,. Planner: Jonathan Spence 2.2. A request fora recommendation to the Vail Town Council, pursuant tc Section 12-3-7, Amendment, Vail Town Code, for prescribed ra,ullficn, amendments 10 Title 12, Zoning R.g Mations, Vail Town Cotle, and amendments W This 14, Development Standards, Vail Town Code, P, update definitions, to remove redundant definitions, and regulations far retaining walls, and salting forth details in regard thereto. (PEC 19-0017)15 in Applicant: Town of Vail Planner: Erik G- 2.3. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Reg- ulations, and TRI" 14, Development Standards, Vail Town Cotle, tc amend the regulations on building design and landscaping in In, Wituland Urban Inl,dac, 1, reduce IM1e risk of wildfire, and setting forth details in regard thereto. (PEC18-0035) 45 min. Applicant: Town of Vail Planner: Chris Neubecker 24. A request for review R a variance from S.clicn 14-6-7, Retaining Walls, Vail Town Cade, pursuant to Till, 12 Chapter 17, Variances, Vail Town Cotle. to allow for a retaining wall in a.—of six (6) feet tall at the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unplalled, and setting fodh details in regartl thereto. (PEC19-0041) 5 min. The applicant has requested this item be tabled to October 28, 2019. Applicant: Town of Vail, represented by Victor Mark Donaldson Architects Planner: Chris Neubecker 25. A request for review of a Condi ional Use Permit pursuant to Section 12- 9C-3, Condition- al Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Ccuditional Use Permits, Vail Town Cotle, to allow for an amendment 1c the conditional use permit far the Town cf Vail Public Works facility located W 1289 Elkhorn Dr'rv,/Unplad,d, and setting forth details in re- gartl thereto. (PEC19-0039) 2 min. The applicant has requested this item be tabled to October 28, 2019. Applicant:Town of Vail, represented by Victor Mark Donaldson Architects Planner: Chris Neubecker 2.6. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for an update la the Vail Land Use Plan, specifically the Chamonix Master Plan and the Cnamcnix Land Use Category and setting forth details in re- gard thereto. (PEC19-0040) 5 min. The applicant has requested this item be tabled 10 October 14, 2019. Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence 2 7. A request for the review R a variance from Section 12-21-10 Development Restricted, Vs Town Cotle, in accordance with the provisions of S,clion12-17-1, Variances, Vail Town Cotle, to allow for development In the Housing Zoning District on a slope of forty percent (40%) or greater, located at 2420 Chamonix Lane/the western podion of Parcels B and the n.1h.a portion of Parcel A, formerly a r,,ubd,v',,cn of Tract D, Vail Das Scnon" Filing N,1 (Future Lot E. CM1amonix Vail Community Subdivision), and selling flab details in regard tM1ereto. (PEC C19-0036) 2 min. The applicant has requested this item be tabled to October 14, 2019. Applitanb Town of Vail, represented by George Ruther Planner: J., lM1an Spence 2.8. A request for a recommendation to the Vail Town Council for a zone district boundary end—t, pursuant to Section 12-3-7, Amendment, Vail Town Code, R, allow for the ning of s podion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, all Das Schon, Filing t from the General Use (GU) Dislric[to the Housing (H) District and setling fodh details in regartl thereto. (PEC19-0033) 2 min. The applicant has requested this than be tabled to October 14, 2019. Applicant: Town cf Vail, represented by George Ruther Planner: Jonathan Spence 2.9. A request for review of a Minor Subdivision, pursuant to Section 13-4, Minor SubdiA- sion Vail Town Cotle, to create Chamonix Vail Community Parcel E, a resubdivision of Par - call A and B, formerly resubdivision at Tract D, Vail Das Schon, Filing No. 1, and setting forth details in regard thereto. (PEC19-0032) 2 min. The applicant has requested this item be labled 1, O=b"r 14, 2019. Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence 2.10. A request for the review of an Amended Development Plan, pursuant to Section 12-61- 11, Development Plan Required, Vail Town Code, for amendments 1c the CM1amonix Vail Gommunity Development Plan, Parcel B and a northern portion of Parcel A, formerly a ,subdivision of Tract D, Vail Das Schon, Filing No. 1 and setting forth details in regard there- to. (PEC19-0035) 2 min. The applicant has requested this item be tabled to Ocilla, 14, 2019. Applicant: Town[ Vail, represented by George Ruther Planner: Jonathan Spence 2.11. A request for the review of a Ccndi ional Use Permit, pursuant la Section 12-16, Condi- tional Use P—iia, Vail Town Code, to allow for the construction of dwelling units within the Housing (H) zone district, c.lad a1 boated at 2310 and 2420 CM1amonix Lane, Parcel Band northern portion of Parcel A, formerly a resubdivision W Tran D, Vail Das Schon. Filing No. land setting forth details in regartl thereto. (PEC 19-0034) 2 min. The applicant has requested this item be tabled to October 14, 2019. Applicant Town of Vail, represented by George Ruther Planner: Jonath n Spence 3. Approval of Minutes 3.1. September 9, 2019 PEC Results 4.Adicun,nn- The applications and information about the proposals are available for public inspection during regular of- fice hours al the Town of Vail Community Development Department, 75 South Frontage Road. The public is nutted to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Develcpmenl Department Times and order a uarns are approximate, subject to change, a d cannot b, relied upon 1c determine a1 what time th, Planning and Enmmnm,ntal Gommissicn will con- sider an item. Please call (970) 479-2138 for additional Information. Please call 711 for sign language Inter- pretation 48 hour prior to meeting time. Community Development Depadm"nt Published in the Vail Daily September 20, 2019. 0000485884