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HomeMy WebLinkAbout2019-10-28 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl) October 28, 2019, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 Call to Order 1. 1. Attendance Present: Brian Stockmar, Rollie Kjesbo, John -Ryan Lockman, Ludwig Kurz, Brian Gillette and Karen Perez Absent: Pam Hopkins Main Agenda A quick update the Planning Manager Chris Newbecker has offered up his resignation and will be the Planning Director at Teton County. Brian Stockmar moved to commend Chris. Brian Gillette seconded the motion. 2.1. A request for a recommendation to the Vail Town Council, pursuant to 60 min. Section 3-2-6A: Function, Vail Town Code, concerning adoption of the Vail Civic Area Plan, and setting forth details in regard thereto. (PEC19-0043) Applicant: Town of Vail Planner: Matt Gennett Public hearing was opened and Matt Gennett started his presentation with reviewing the comments that were made at the previous meeting and the changes that were made. Sustainability moved up from 4th to the 2nd item. The architecture sentence was updated. John -Ryan had a question on a grammatical error on "energy savings measures", that will be changed. Added uses for Lionshead Parking Structure. Page 41, needed to add an "at a glance" for the program elements for various options. Sustainability action plan on page 69. Bullet #1 was changed to put in various changes. Next steps needed to be changed, and new text was added to meet the requirements. Perez wanted to make sure that it became a plan and not just a guiding principle. Still wants language added to be more of a plan. Staff made the comment that the language is added on page 56, left side, bottom of the column. All six review items were incorporated into the plan. Staff is recommending approval of the plan. Gillette — square footages corrected on the lot, and were the valuations corrected as well? Tom — Explained where the numbers from EPS came from. Gillette —All the revenue would be generated off-site is what you're saying? Gillette — Questions on the DDA Tom — Wanted to have numbers ready for Council after hearing with PEC. Stockmar — Why not add a forward reference for the page that leads to the numbers. Tom — Explains more of what they had looked at based on comments. Stockmar — Is it clear that the PD remains in this location? Tom — We wanted to make it clear that we could keep them here for now, but that it is an underutilized site. Perez — thanks the contractor for putting the new language together for the PEC. Stockmar — Reaffirms that they were important comments and glad they put them in. Gennett — this is a master plan and visioning document that sets a path forward to create a civic area in Vail. No public comments Commissioner Comments Lockman — Thank you for making the edits and your work. Stockmar — Pleased that the changes in the plan were made based on the PEC comments. Thanks for staff and Tom's hard work. Ludwig Kurz moved to recommend approval. Karen Perez seconded the motion and it (6-0). Absent: (1) Hopkins 2.2. 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 that this item be tabled to the meeting of November 11, 2019. Applicant: Town of Vail, represented by Victor Mark Donaldson Architects Planner: Chris Neubecker Brian Gillette moved to table to November 11, 2019. Rollie Kjesbo seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.3. 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 that this item be tabled to the meeting of November 11, 2019. Applicant: Town of Vail, represented by Victor Mark Donaldson Architects Planner: Chris Neubecker Brian Gillette moved to table to November 11, 2019. Rollie Kjesbo seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.4. A request for a recommendation to the Vail Town Council, pursuant to 15 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, Housing Director Planner: Jonathan Spence Spence — Next 6 applications part of one project. Stockmar — Can we have these all presented together? Spence — We can do that as long as they are in order. Items 2.4, 5, 6, 7, 8, 9 will be included in this presentation, but voted individually. Spence presents the applications listing off the items that have been worked on. Amendment to master plan, variance to prohibition of building on steep lots in housing district, zoning amendment to have all of it under the housing district, minor sub to create parcel, partial development plan with it to come before PEC later, Conditional use permit to allow market rate development. Stockmar — It has been clear that there is no intent to expand the Chamonix development into this parcel? Gennett — This will be separate from the Chamonix development. Stockmar — Matt confirmed that it isn't an expansion of the townhomes. Spence — the amendments are minor. Stockmar- motion does not include anything about the date. I would like to have that added to the motion. Ludwig Kurz moved to recommend approval as presented today and dated July 29, 2019. Rollie Kjesbo seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.5. A request for the review of a variance from Section 12-21-10 Development 15 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, Housing Director Planner: Jonathan Spence Spence presents explanation of why the variance is required for this zone district. Kurz — We are treating this piece of land the same as if it was privately owned. Spence — We are treating it the same as a primary/secondary lot. Stockmar — Can we add this to the housing district? Gillette — We seem to have more of the variances, than we haven't. Spence — Staff recommended a text amendment and applicant preferred the variance approach. Ludwig Kurz moved to approve. Rollie Kjesbo seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.6. A request for a recommendation to the Vail Town Council for a zone district 15 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, Housing Director Planner: Jonathan Spence Spence presents explanation of application Stockmar- there is an extension to the west, has it ever been looked at for this? Spence — Please confirm what parcel you are referring to. Stockmar — Attachment A, there is a yellow shaded section and to the south, SE, does it make sense to look at it to change the zoning to add to this property for future development. We'd like to have staff think about the use of that land in the future. Brian Gillette moved to recommend approval. Rollie Kjesbo seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.7. A request for review of a Minor Subdivision, pursuant to Section 13-4, 15 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) Applicant: Town of Vail, represented by George Ruther, Housing Director Planner: Jonathan Spence 1. Prior to recording, the approved subdivision plat shall be amended to increase the eastern setback to twenty feet (20'). Ludwig Kurz moved to approve with conditions. Rollie Kjesbo seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.8. A request for the review of an Amended Development Plan, pursuant to 15 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) Applicant: Town of Vail, represented by George Ruther, Housing Director Planner: Jonathan Spence 1. Approval of this amended development plan is contingent upon the developer of the property obtaining Town of Vail approval for a further amendment to the Chamonix Vail Development Plan with a finding that the development meets the required criteria 12-81-13 A, B, C and D; and 2. Approval of this development plan is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 3. The development plan shall be amended to increase the eastern setback to twenty feet (20'). Spence presents the DP that will cover GRFA, setbacks and height allotment for this area. The full development plan will be done when a proposal for this land is brought forward. Gillette — Why the small side setback? Spence — Internal side setbacks are ten feet, only 20 ft at the edge of the district. Gillette — What is the distance between the townhomes in that area? Spence — Varies between 15 to more than 20 feet Stockmar — The area at the end of the road is used for storing snow. Spence — It shouldn't impact Parcel B Stockmar —Any issue with snow storage with this setup? Spence — There is adequate snow storage in Chamonix Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.9. A request for the review of a Conditional Use Permit, pursuant to Section 15 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) Applicant: Town of Vail, represented by George Ruther, Housing Director Planner: Jonathan Spence 1. Approval of this conditional use permit is contingent upon the future developer obtaining Town of Vail approval for an amendment to the Chamonix Vail Development Plan with a finding that the architectural design of the new structure is compativle with the 32 -unit Chamonix Townhouse development. Spence — This would allow market rate units to be created. Of the 6 items 2 are for recommendation to Town Council, the other 4 are final approval here at the PEC. Those four items are contingent on approval by the Town Council. Kurz — Procedural, is there an applicant representative here? Is there a profound reason that the applicant himself could not be here? Gennett — Town Council is the actual applicant, so any representative from Town can represent for them. Kurz — These are major applications and the direct applicant cannot be here. If we did have questions we wouldn't get the real answers from the applicant. Perez — We had questions from last time that we wanted the applicant to be here to answer. We haven't gotten any new information like we would have liked. Gillette —Are there any other lots zoned housing? Spence — No. Stockmar — There could be more parcel zoned this in the future though. Spence — Currently Multi -family is not allowed on steep slopes, so this would be a policy change. Gillette — if we have this many variances then the language was probably wrong in the first place. Summary Comments Kurz — I voice my frustration that the main man was not here for the second time. I think this application is in keeping with what was proposed originally. The plan for selling part of the property to recoup funds is appropriate. It is not overwhelming to the Chamonix or the general project. I'm happy to move forward with this. Lockman —Agreed that there would be frustration in the process with not having George here again. Thought they were tabled so he could make it. Fine with moving forward with the proposals Perez — Echoing the concerns of commissioners, would have liked the presenter to be here. Gillette - Ok with the applications. Steep but the neighbors are way higher up and won't be obscuring anyone. Would have like to see more setback on the East side as the architecture will not be the same. It would look better to be more separated Stockmar — How wide is that tail? Spence — 10 ft Stockmar —Adding 10 feet wouldn't be disastrous, making it a 20 ft setback. Lockman — Would it affect construction with that side being less steep? Gillette — It makes more sense as you could have more area around the place to get machines Stockmar — I agree a larger setback would be appropriate. Spence — This can be done as part of the motion as a condition. Kjesbo — I agree about frustrations as Kurz. Stockmar — I too agree with what's been said, and I support the package. Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Hopkins 3. Approval of Minutes 3.1. October 14, 2019 PEC Results Ludwig Kurz moved to approve. Rollie Kjesbo seconded the motion and it passed (5-0). Abstain: (1) Gillette Absent: (1) Hopkins 4. Adjournment Rollie Kjesbo moved to adjourn. Brian Gillette 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 TOWN OF DO 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: October 28, 2019 ITEM/TOPIC: A request for a recommendation to the Vail Town Council, pursuant to Section 3-2-6A: Function, Vail Town Code, concerning adoption of the Vail Civic Area Plan, and setting forth details in regard thereto. (PEC19-0043) ATTACHMENTS: File Name Description PEC CAP memo 102819.pdf Staff Memorandum 101819 TOVCivicArea Plan FinalReduced.pdf Attachment A: 2019 Civic Area Plan 14102019CivicAreaPECUpdateFinaltoTown.pdf Attachment B. Presentation 0 rowN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 28, 2019 SUBJECT: A request for a recommendation to the Vail Town Council on the adoption of the 2018/2019 Civic Area Plan and setting forth details in regard thereto. (PEC19-0043) Applicant: Town of Vail represented by 4240 Architects and Braun Associates, Inc. PURPOSE The purpose of this public hearing is to present the 2018/2019 Civic Area Plan to the Planning and Environmental Commission for review and recommendation of adoption to the Vail Town Council. The Civic Area Plan and additional information are attached to this memorandum. The following goals were established early in the planning process for the Civic Area Plan were defined early in the planning process and are as follows: • Engaging the community to understand their thoughts, goals and opinions for the Civic Area. • Understanding the context of and lands within the Civic Area, while identifying and evaluating issues and opportunities relative to the potential use of these lands. • Preparing a plan that is viable, economically feasible, reflective of community goals and responsive to the sites and surrounding neighborhood. • Defining strategies for decision making and the implementation of improvements within the Civic Area. In forwarding its recommendation to the Vail Town Council, the Planning and Environmental Commission may either recommend approval, approval with modifications, or deny the 2019 Civic Area Plan. In doing so, the PEC is asked to make findings in support of its recommendation. PLANNING AND ENVIRONMENTAL COMMISSION REVIEW — OCTOBER 14, 2019 At the regular meeting on October 14, 2019, the PEC continued the noticed public hearing on the 2018/2019 Civic Area Plan with direction to the project team to make the following modifications to the plan: Change the order of topics addressed by Guiding Principle (page 12-14). • The four topics have been reorganized by moving Sustainability from the fourth topic to the second topic. 2. Guiding Principles/A Place for Community/Architecture and Design (page 12). Add two new sentences to the end of existing section on Architecture and Design (new text in italics): • The Civic Area has the potential to be a showcase of design excellence with aesthetically compelling architecture, and site and landscape design that effectively blends the built and natural environments. The design of buildings and outdoor spaces should acknowledge our climate and include features that provide shelter from the sun, rain and snow. Buildings should include state of the art technology and energy savings measures that will maximize building efficiency and minimize ongoing operating and maintenance costs. 3. Potential Uses for the Lionshead Parking Structure Building Wrap (page 38). Refine bullet #2 to expand potential range of uses, under The Approach (refined text in italics): • Alternatives for the use of this building include but are not limited to retail, community space for non-profit organizations, maker or incubator space, etc , workforce housing or free-market housing. The potential for small ground level retail or restaurant space that could provide opportunities for local, start-up businesses should also be explored. 4. Charter Bus/Dobson Options 1, 2 and 3 (page 41) Provide an "at a glance summary of the three options for Charter Bus/Dobson Area: Add a text box with a bullet point summary of the program elements for each option (in italics): Option #1 • New ice arena with modest expansion for potential new recreation uses. Arena used primarily for skating with special events like historic use. • Multi-purpose events facility at Charter Bus Lot. • Small theater for arts, community use and potentially Council Chambers. • Small building for community use. Option #2 • New, larger ice arena designed to serve as a multi -use facility. Primary use of building would focus on special events. • Utilitarian, second sheet of ice at Charter Bus Lot. • Small theater for arts, community use and potentially Council Chambers. • Small building for community use. • Town Hall to provide space for Administration, Community Development and other uses. Option #3 • Major renovation of Dobson. With expansion, arena could accommodate new recreation uses. Arena used primarily for skating with special events similar to historic use. • Multi-purpose events facility at Charter Bus Lot. • Air -rights for Public/Private partnership development of condominium/hotel. • Small building for community uses to be provided in Building Wrap at LHPS. Note: all options include outdoor plaza space, west entry to Dobson and the potential for additional parking at the Lionshead Parking Structure. Town of Vail Page 2 5. Sustainability Action Plan/#3 Ecosystem Health (page 69) Refine bullet #1 to reference Restore the Gore (edits in strikethrough and italics): Coordinate with the Town's Sustainability Department sthe roster rtieR on�n6erneRt and preteE� tl-$fthe,Mi�e and Gere (`rook nnrriderc to ensure that theCGrTgoals and objectives of Restore the Gore are implemented in subsequent project planning and design for the development of parcels proximate to Gore Creek and Middle Creek. 6. Chapter 4/Next Steps (page 56) Add statement that after the completion of Next Steps in evaluating the Municipal Building Site and Charter Bus Lot/Dobson Arena sites, that an addendum to the Plan be prepared that summarizes the Town's decisions on improvements to be made to these sites. Add new, second paragraph under Next Steps (in italics): Completion of the Next Steps outlined for the Municipal Building Site and Charter Bus Lot/Dobson Arena sites will provide more clarity regarding the type, extent and design of improvements in these areas. Following this work an addendum to this Plan should be prepared that summarizes and documents this work, the research compiled, alternatives considered, and decisions made on improvement to be implemented. III. BACKGROUND Starting in mid-December 2018, staff and the town's planning consultant team have gathered community feedback on ideas for future improvements to town -owned properties in the Civic Area and presented this input to the Council in a series of public meetings. The properties included in the study area are the Lionshead Parking and Transportation Center, charter bus lot, Dobson Ice Arena, Lot 10, Vail Public Library, Middle Creek parcel and Vail municipal building complex. The outreach generated responses from hundreds of participants who have provided input through a series of online surveys hosted by the Town over the past eight months at EngageVail.com. In addition, many different stakeholder groups have shared their ideas including adjacent property owners, identified stakeholder groups, members of town boards and commissions, representatives from the Eagle River Youth Coalition, as well as facility managers and users. The master plan document includes key themes expressed during the three community engagement phases which have been incorporated into the plan. These primary themes have included a desire for better mobility, a multi-purpose community center, a new and improved Dobson Ice Arena, additional community meeting and recreation spaces, potentially a second sheet of ice, enhanced public and natural spaces, and the recognition of the library as a highly valued community asset with expansion potential. The information received through this robust public engagement process and the ensuing dialogue has been presented to the Council in seven updates and was used to refine the concepts and corresponding images throughout each step of the process. All the information gathered to date has been taken into consideration by the project team to form the scenarios that merited further exploration. The results of these efforts have been distilled down to three options for the Civic Area Plan study area. Town of Vail Page 3 IV. CONSIDERATIONS FOR REVIEW The Vail Civic Area Plan is intended to define a vision for what this place can be and to provide a framework, or a path forward, for how Vail can create a Civic Area. This plan is about "place making". It is about the facilities, buildings and programing to be found in the civic area. But it is also about the "places in between", and how outdoor gathering places, pedestrian linkages and a connection with nature can be used to create a place with character, spirit, and soul. It does not prescribe details such as architecture of buildings or landscape design. Adoption of a Master Plan The adoption of an amendment or update to a master plan needs to be in concert with the Town of Vail's Comprehensive Master Plan. The adopted master plan shall support, strengthen, and further the development objectives of the town. To ensure consistency with these objectives, the following factors for consideration are applied. 1) How conditions have changed since the original plan was adopted; Staff finds that conditions have changed in the following manner since the adoption of the Vail Land Use Plan on November 18, 1986 and last amended on January 28, 2009: o Significant population growth in Vail and in Eagle County o Increased summer visitation o Development of regionally -oriented recreation facilities in down -valley communities o On-going redevelopment in Vail that has increased the density and intensity of use on many properties 2) How is the original plan in error? Staff does not find that the Vail Land Use Plan is in error. In order to remain relevant and consistent with the changing conditions and goals of the community, the plan needs to be updated on a consistent basis, including this type of subarea plan adoption. The adoption of the 2018/19 Civic Area Plan achieves the original objectives and is consistent with the purpose of the Vail Land Use Plan. The Civic Area Plan also furthers the goals of the Lionshead Redevelopment Master Plan by defining direction for what that plan referred to as the Vail Civic Center. 3) How the addition, deletion, or change to the Vail Land Use Plan is in concert with the plan in general. Staff finds that the identified purpose and goals of the Civic Area Plan are consistent with the stated goal and objectives of the original and proposed Vail Land Use Plan. V. STAFF RECOMMENDATION Staff recommends that the Planning and Environmental Commission forward a recommendation of approval for this request, with the inclusion of the edits outlined above and the following findings: Town of Vail Page 4 "Based on the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. The 2018/2019 Civic Area Plan was developed with extensive community input and participation by the Planning and Environmental Commission, and, 2. The 2018/2019 Civic Area Plan is consistent with the applicable elements of the Vail Comprehensive Plan and furthers the goals and development objectives of the community. VI. ATTACHMENTS A.) 2018/2019 Civic Area Plan Town of Vail Page 5 y m l� c o� c� � o N C � s c O _O L Q '+r O U � s O LO s L +� O O � +� O c > O O E Z LU 0 c 0 Q m a o El rl N N N N .O � c N �� N cn NOO L O V m m y m N '� N C y m = O C O cp >% •— E H N Ip Z � 0 Q L U cp cp cN~ i W L N C m LU N y : Q 'Q N � N N H L O C O V W ca C N E C O N '> C 4-j W cp � CN .0 U a) E u CL N N •= +' �C)-)e � �Vm�02CL H��°cn Q rte +�,. � � �, 2•. .,z.' a ,� •�..,r,�. � . ��� + r , �. '�+ , r r � �^, ' ;r �� � r�� [i !kE• lye-, '{ ;4 �•. • � � � rfl .�' N MAI ...� .� � :�i orf � • 1. s+ � .. �:•- r -- ����j 1' ��?���.a -f 'iit � 6 f :1�. •. 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At7I�4�iqT GOEin 0 Nt H TY z 7. 1 0 N City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: October 28, 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 that this item be tabled to the meeting of November 11, 2019. ATTACHMENTS: File Name PEC19-0041 Public Works Variance Staff Memo 082619.pdf Vicinity Map.pdf PEC19-0041 Public Works Retaining Wall NARRATIVE.pdf PEC19-0041 Public Works Retaining 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. 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 /_1r 5rr: M IM:3%]aII7it•7Ti1Qa 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 Vll 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: 0 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 same 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 L991,9 00 'I I VA 3AINOA3MVA TVA 60£6 sAsoM oiiand z o�� s m IIVA IO NMOL U � v K Q rn i o o ri Q UC7 m W Z = Z X avme W Q W fn W 0 0000° ,Iliii�ll, L99W 00'-Iitln o 3Al NO A3ITIV -SIVA 60£6 w su mo o_�x smoM oiland o a~ Q woo m - avme s m -1Itln =10 NMO-L o III����III 0 0000 o0 0 0 t5s�eoo'-Iivn �� oo 3nINO A3lltln �IVn 60£ L smoM onand s m SIVA =10 NMOl � o � > 3 m 0 0000 o0 0 0 t5s�eoo'-Iivn 3nINOA3lltln �IVn 60£6 x o smoM onand s m SIVA =10 NMOI � o � > 3 m �- •- - � _ :mow I \ � �� `- •� \ �: . - . ' . Af � �: .����• ��� . ,. �. � -- . �. Ap . . .� - ,• - \ \f . . 2 IL ! � , > �' y\: . �� �-.-�-- -- - �� � 2 � \/}; d.2• .-22.� �•, � �. ��- ..�.: .- ¥ It IZ - k \� ! �- �� .� � _�� �/ �� ._ � �� •� ' • , \f 4 h'74 \ .� '�� T-4- , � •.��.: m. - i� ®� � .� ��41r - ..-��,� a.� . . 41.' �1 �•-z`� �� � � K2J � ' �. � • ,qm .c 'ho 9 •r Fill- Aw7 1 y k iv '1 ' l f%', 9 •r Fill- Aw7 1 y k 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(a-),vmda.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 Model Output 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 I 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 ditch/berm feature does not appear to be maintained. The ditch/berm structure is currently relatively free of debris. Scattered rocks of up to 2'/z 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 PROJECT y • SITE E . -M s Awt'I. f'•lih 1'. l -_ .fJ � �' ,y r • �I� &y.d.I • i y '. Y le a 4 r • y 1p �' �. id'Vii. ,• (OttP 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: October 28, 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 that this item be tabled to the meeting of November 11, 2019. ATTACHMENTS: File Name PEC19-0039 Public Works CUP Staff Memo 082619. Vicinity Map.pdf Public Works CUP Applicant Narrative.pdf Public Works CUP Plans PEC19-0039.pdf Public Works CUP Photos.pdf Geologic Hazards PW VAIL.pdf Public Works Master Plan PEC Submittal 1 of 2.pdf Public Works Master Plan PEC Submittal 2 of 2.pdf Description PEC19-0039 - Staff Memo Attachment A - Vicinity Map Attachment B - Applicant Narrative Attachment C - Development Plans Attachment D - Site Photos Attachment E - Geologic Hazards Report Attachment F - 2019 Public Works Master Plan(1 of 2) 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. 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 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. 0 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. se: 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 ermit: 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 same 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 same 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(a-),vmda.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 Model Output 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 I 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 ditch/berm feature does not appear to be maintained. The ditch/berm structure is currently relatively free of debris. Scattered rocks of up to 2'/z 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 PROJECT y • SITE E . -M s Awt'I. f'•lih 1'. l -_ .fJ � �' ,y r • �I� &y.d.I • i y '. Y le a 4 r • y 1p �' �. id'Vii. ,• (OttP 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 o N •E L . 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(PEC19-0040) OTTOCHMFNTS- File Name PEC19-0040 Staff Memo Vail Land Use Description Staff Memorandum 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: October 28, 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. Chamonix Vail Master Plan, as amended, 07-29-209 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: al 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 11 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. 16 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 b 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, a r c h V t a c t a 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- '9" ;;0' ;;0' 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 fo be investigated, although not mandatory. Formatted: Indent: Left: 0.53" inn I9 r.+ of he g G18'08I..p8d qh.. I.J h-8 G488d F8S#'.-. 8d feF 5918 .. r.I...,.... hGUSia,. With G FRiX „+ o fWG RGI +hFee h-ed.r,,,.,-.. ni Housing within the site shall be consistent with the permitted and conditional uses of the Housina IHI District. • The site should be optimized fo provide the greatest amount of employee housing. To achieve this optimization, if is likely a financial subsidy will be required. • Re -zoning the site fo Housing (H) District is preferred fo 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, fo offset the cost of construction. • I.I8W I98 deS#4G 1.G4i . Rd 491; She ld 198 :.J...J Rd SUr R o ghbGFhGGd fe ether ..o ,--d,i+hi�\A/ -St\/441. €mcSiRg PRdRStriqA The charge made by the Vail Town Council fo "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 fo 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 fo fall within 60-120% of the Area Median Income (AMI) range for Eagle County, with a possible inclusion of incomes up fo 140% of AMI. In current dollars, this equated fo a household income range of $47,000 fo $94,000, with a possible excursion fo $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 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 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. S. 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 A 41614 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; • thirty-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 rl �. r I r- _ I 1 I f I 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 16 PAGE I. Introduction................................................................................................. 2 ProjectBackground.......................................................................................... 2 Scopeof EPS Analysis........................................................................................ 2 II. Comparative Analysis ................................................................................ 3 Comparative Projects.......................................................................................3 III. Feasibility Analysis....................................................................................... 9 ProjectCosts....................................................................................................... 9 ProjectRevenues............................................................................................. 10 CostScenerios.................................................................................................. 12 IV. Findings...................................................................................................... 18 Cost Considerations........................................................................................ 18 UnitSubsidy....................................................................................................... 19 Buyer Lending Issues........................................................................................ 19 Additional Considerations .............................................................................. 20 16 LIST OF TABLES Vail Land Use Plan Attachment F: Chamonix Master Plan PAGE Table 1 Total Project Costs.......................................................................... 10 Table 2 Affordability Calculation................................................................ 11 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 fo construct 24 affordable units in exchange for entitlements for 12 market rate units. Town contribution fo the project viabilifywas limited fo 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 fo three percent or the increase in local AMI, dependant upon whichever measure is higher. In addition, resales of the units are subject fo 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 fhe fwo bedroom units are sold. If should be noted that fhe fwo bedroom units were completed lafer and thus have been impacted fo 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 fo receive approval. The approval is expected fo 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 unit 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 County 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 County 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 fo $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 of 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 fo 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 lofs, and additional multifamily housing. The affordable units sold for approximately $300,000 per unit as compared fo 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 fo 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 fo three percent or CPI, although this provision is waived if the seller cannot find a buyer. The Eagle County Housing Authority has fhe firsf 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 fo 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 F11—n�.I—n,sIaF-1,1oana l -a 1'1 e I AMSE 9IaI—,xl,— 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. ID 0 O co N N r o O C, L C M 00 O o (D r d V C, 12� o (0 (0 CO l.() LO M On O 0 (f) l!7 N N M (O 1D O O ER E9 CD d x � M ER ER to 4a 00 T a) R a= o M a>cn 10 o f >, `o ..E�a>w O O in LO 'IT ooo Eaa))aa) m m V N (� co 0 (O r CY) CY) V-) E9 M 1 - EFT EFT 2 Z M M 4a 4a OM C4 I 00 00 (O (f) co O c6O V V N O Q1 1, o) 0) V-) Qf) O 1� M EFT EFT M M E ON O o V V O r— N O c6 O O O �� L O of O) a e» r( 47 r rn 000 000 ER ER O � ss m coo 0 N M M � � 00 N LO 0- 00 00 NN O O V V 00 e� Z (� r r- � va vs EFT ER a00o N N (0 (0 0) N O e O m .R> O 00 00 I� (0 61Y— La La N � � M - N r co OLa ER ER N N 60 60 O O 00 � O O O lLO (00 m O M M N V) ER M co } 0 a 00 co 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 _ O d x � d � o 2 OE 5 E E T a) R a= o M a>cn 10 o f >, `o ..E�a>w Eoo `—o Eaa))aa) m m ��u,u,> N UlU i aJ a3 0 O 2 J J Ja3 0 JO 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 o% 0 80%AMI -2 Bdrm. 50% 4,111,200 4,111,200 90% AM I- 2 Bdrm. o% 0 0 100% AM I - 2 Bdrm. 50% 5,185,800 5,185,800 110% AM I - 2 Bdrm. o% 0 0 120% AM I - 2 Bdrm. o% 0 0 130% AM I - 2 Bdrm. o% 0 0 140% AM I - 2 Bdrm. o% 0 0 Subtotal l00% 9,297,000 9,297,000 3 Bedroom 80%AMI - 3 Bdrm. 50% 2,512,400 2,512,400 90% AM I- 3 Bdrm. o% 0 0 100% AMI - 3 Bdrm. 50% 3,169,100 3,169,100 110% AMI - 3 Bdrm. o% 0 0 120%AMI - 3 Bdrm. o% 0 0 130%AMI - 3 Bdrm. o% 0 0 140%AMI - 3 Bdrm. o% 0 0 Subtotal l00% 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 13 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 to be evenly split between 130 and 140 percent of AMI, as shown in Table 4. At 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 o% Option A 2 Bedroom %of Total 0 80% AM I - 2 Bdrm. o% 0 90% AM I - 2 Bdrm. o% 0 100% AMI - 2 Bdrm. o% 0 110% AMI - 2 Bdrm. o% 0 120% AMI - 2 Bdrm. o% 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. o% 0 90% AMI - 3 Bdrm. o% 0 100% AMI - 3 Bdrm. o% 0 110% AMI - 3 Bdrm. o% 0 120% AMI - 3 Bdrm. o% 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 111-1-,x111-1 . —11 sIta F-11111, 1 11119 I—,Ir--. 14 Chamonix Master Plan Modular construction affords a greater flexibility in the program required to 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 2 Bedroom 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% AM I - 3 Bdrm. 0% 0 90% AM I - 3 Bdrm. 0% 0 100% AM I - 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% AM I - 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 o% Option A 2 Bedroom %of Total 0 80% AM I - 2 Bdrm. o% 0 90% AM I - 2 Bdrm. o% 0 100% AMI - 2 Bdrm. o% 0 110% AMI - 2 Bdrm. o% 0 120% AM I - 2 Bd rm. o% 0 130% AM I - 2 Bd rm. o% 0 140% AM I - 2 Bd rm. l00% 14,662,800 Subtotal 0% 14,662,800 3 Bedroom 80% AMI - 3 Bdrm. o% 0 90% AMI - 3 Bdrm. o% 0 100% AMI - 3 Bdrm. o% 0 110% AMI - 3 Bdrm. o% 0 120%AMI - 3 Bdrm. o% 0 130%AMI - 3 Bdrm. o% 0 140%AMI - 3 Bdrm. l00% 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. At these sales prices a small number of units can be devoted to 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 o% Option B 2 Bedroom %of Total 0 80% AM I - 2 Bdrm. 0% 0 90% AM I - 2 Bdrm. 0% 0 100% AM I - 2 Bdrm. 0% 0 110% AMI - 2 Bdrm. o% 0 120% AM I - 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. o% 0 90% AMI - 3 Bdrm. o% 0 100% AMI - 3 Bdrm. o% 0 110% AMI - 3 Bdrm. o% 0 120% AM I - 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 I11—n�.I—n,sIa`—s I,mIna'II-flee I III IEI,1,co— I,R.—. 77 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 fo $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 fo $230 per square foot. Developers experienced cost escalations ranging from 8 fo 20 percent from the time an initial bid was received fo construction. However, project representatives repeatedly indicated that downward pressure in materials costs has fallen 20 percent from 2007 fo 2008. Contractors in the planning stages are fending fo renegotiate prices in lighf 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 5 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 1 226 7 140% $200 $23,000 - $40,000 8% $180,000 - $350,000 Eagle Ranch Village 60 60 live/work in Cty. $2164 $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 fo $50,000 range as well as a cluster on the upper end that spans from $120,000 fo $330,000. In all cases, these subsidy levels are on fop of land costs. In each of the case studies provided, land was provided of no cost fo the affordable units, which is a minimum threshold for pursuing an affordable housing project of 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 Flafs, Vic's Landing, and Eagle Ranch Village all received indirect subsidy through the ability of the developer fo build market rate units on-site. In addition, the projects also received fee waivers fo help offset the costs of affordable units. The $23,000 fo $40,000 subsidy of Stratton Flafs 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 of Eagle Ranch Village includes both fee waivers proceeds from a RETA and the value of a land contribution from the master developer. Another way fo reduce subsidies is fo increase sales prices and target higher AMI levels. The Snowmass project reflects relatively unique approach as virtually all of the units are priced of the upper end of the affordable spectrum, reaching approximate AMI levels near (or above) 140 percent. The Town was able fo reduce the subsidy fo $54,000 per unit based on sales prices for some units that exceeded $500,000. The project with the lowest required subsidy, Stratton Flafs, 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 fo 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 fo 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 Chamonix Master Plan Appendix C Chamonix and Wendy's Parcels 8'688' k'3; �] l„ 23a ® ?386 39 .3 •2171.1 2397 1338 14, Q' 4 31, 242 �'1� - 235 Y IC T 3��1 ♦'171 YA )` FF dI 57 -� � Subject Property � � A55.. - C - t X47 .' 2476 °R R P, "F 2565 6 2277, NA0i i i @@" IP, All Modified:�A g.0 19, 2008 nimp�eue mx.mmea.�a.d ��1J,�J 21 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: October 28, 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) ATTACHMENTS: File Name Description PEC19-0036 Staff Memo Variance.pdf 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: October 28, 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 of this application, subject to the findings noticed in Section VIII of this memorandum. 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. URPOSE: 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 INDINGS: 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 2/3rd 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. Staff finds the proposed variance does meet this criterion. Town of Vail Page 5 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. Therefore, Staff finds the proposed variance conforms to this criterion. Town of Vail Page 6 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 October 28, 2019, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. 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. 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: al 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 11 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. 16 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 TOWN OF DO VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: October28, 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) ATTACHM ENTS: File Name PEC19-0033 Staff Memo Rezonina.pdf Description 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 EApplication Narrative, 07-29-2019 0. )rowN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 28, 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. I * - f -r- -.. 11- . - a - r A' NJ .J r �# ���!• � � fig:+' �� 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 itle: 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 ermit: 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 of this title. Town of Vail Page 7 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. Minor arcades. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming Town of Vail Page 8 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. riteria: 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: 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. 12-61-8: PARKING AND LOADING: Off street parking shall be provided in accordance with chapter 10 of this title. No Town of Vail Page 9 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. 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. Town of Vail Page 10 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. 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 Town of Vail Page 11 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 VI. SURROUNDING LAND USES AND ZONING Town of Vail Page 12 Existing Use Zoning District North: Undeveloped Land Housing H South: Interstate 70 None East: Shell Gas Station HeavyServices HS West: Single Family Residence Two Family Primary/Secondary (PS) Town of Vail Page 12 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 mendment: 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. 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 Town of Vail Page 13 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. 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 Town of Vail Page 14 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. 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. Town of Vail Page 15 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 Vll of the Staff memorandum to the Planning and Environmental Commission dated October 28, 2019, and the evidence and testimony presented, the Planning and Environmental Commission finds.- That inds: 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 of Vail Page 16 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: al 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 11 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. 16 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 TOWN OF DO VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: October28, 2019 ITEM/TOPIC: A request for review of 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) ATTACHM ENTS: File Name Description PEC19-0032 Staff Memo Minor Subdivision.pdf 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 EApplication Narrative, 07-29-2019 Attachment C. Proposed Plat.pdf Attachment C. Proposed Plat Attachment D. Townhouse Plat Chamonix Vail Community recorded December 2017.1)df Attachment D. Townhouse Plat, Chamonix Vail Community, recorded December 2017 Attachment E. Chamonix Vail Community - Correction Plat.pdf Attachment E. Chamonix Vail Community - Correction Plat TOWN OF Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 28, 2019 SUBJECT: 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) Applicant: Town of Vail, 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 final plat, pursuant to Title 13, Chapter 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. 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 in Section VII 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 final plat, pursuant to Title 13, Chapter 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. 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. The graphic below illustrates the proposed new lot: R=155.29' `4L=149.85' PARCEL C ? CnB 5 6'35'30"W (M!N N PARCEL Access AND UMLTES) f ChL=144.10' o O 17' (aux t9a. PASS 1 � 6 \ 16 i R=134.66' L-63.38' INDICA-S TowNxousE I ' ll `b / T-32.28' / (nor nEx C_ eY n11s Put) Ch3=N12'31'03'E 15 chL=6279' 4 / !T / 5' UPII'TDEAA.E T :=3'24'48" �' & / (eD« 1.) R=237.71' 14 3 / T=7.05' f L=14.16' / 6 ChB=N00'44'2S'E =' al ChL=14.16' •'L/ 72'09'00" E — 37.77' 2 mawitH n iu3'visMHo°rv3ooa \ 2772'18" \ S 77.39'21" E — °3fi'3612.1E'3' BY Pu B=15' \ __$B3 R=237.7n T=35.50' 2748' 1Nd' `w�n M°_ REuenR mP Ls xssa 15.94' 57'32'29" E — 43.43' / Ch9—N70'56'26 ChL=70-21' a Iy ea rv(n' � ­ oirecPoss EiEc noN or 1� pIC1E 'E 1n CNT EAS(REc N�oltost 1 / IS t e / Eaou B Pats z73Y 5' UPN1Y EMENT x 2.'. \ DLLaWB a RIEo -TY L1NEJ �BOCN lea. PAaE 5597 DR� X14 j I �/ � \ / PARCEL E f s s 5336 2,30E / Po' /, y \;s COMMERCIAL TRACT B o.a refs f .al Iry / / \��. ee E \ moo, a. (1Ec N, 10.1) C 0 4o q \ ! AQP\ / BUITIMS D (Ty TM1BExEN w / DSD �o O / ° a ' p N e w E - e 6'� r� n 13o E -1110 ud All 9 \ J U VTY `' � uopsmuosice] —P RCFERTY UNsPuT 111- y PRUERTY52992654 E Q CREATED BY THIS PLAT k � CRPARCEL Z `ss 1w ; o s IV PLAT 7328.0`— OE / lWy Q 96' 2 R=6000.00' f\ "—(A , C". A. ss1 ENT & vss7 / T=74.73 LOT 2 \\ / 46' ChB=ShB=543'08'3fi"W / (REc- °- azsx) f / D ChL=149.46' / r \ �� I p' \ T=3.15' ` C L=6.30' LOT 11ChB-50'2s5s'w (REc N.. ln3251) o / �6 ChL=6-3' INpCATO FOUND P No5 REBAR MTA L / A I}• -NUM c r.Ls. N.. 2-6 Gore Range / � ITDI A 11. ED RC. C.RNER R Surveying, LLC / SZT-E`-A 7a`FRMCMNER v.o Ro.1a ,rvm, co alma ry]OI1PE6.B •fax lgN]x1.0�5 / A vicinity map (Attachment A), applicant's narrative (Attachment B), proposed plat (Attachment C), 2017 townhouse plat (Attachment D) and correction plat (Attachment E) are attached for review. III. BACKGROUND • On December 12, 1980 the subject properties were annexed into the Town of Vail, via Ordinance No. 43, Series of 1980. Town of Vail Page 2 • 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 November 18, 2008, Parcel B was rezoned from Two-family Primary/Secondary (PS) zone district to Housing (H), via Ordinance No. 27, 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. • In 2016/2017 the Chamonix Vail Community, consisting of 32 deed -restricted for - sale townhouses in 10 buildings was constructed. • In December of 2017, the Chamonix Vail Community Townhouse Plat was recorded, allowing the individual sale of the townhouse units and setting aside the southern portion of the site, labeled Parcel D, .3423 acres, for future development. The other portion of Parcel B containing the residential development was labeled Parcel C. Although labeled as separate parcels, the creation of new lots within the Town of Vail require a Minor Subdivision, per Section 13-4 and cannot be accomplished through an administrative Condominium and Townhouse Plat, Section 13-6. Following advice provided by the Town's legal staff, a correction plat has been produced that will effectively remove the lot line that delineated Parcel D. This allows the Minor Subdivision to move forward to create the new Parcel E out of portions of Parcels A and B (now known as C). IV. APPLICABLE PLANNING DOCUMENTS Staff finds the following provisions of the Vail Town Code relevant to the review of this proposal: Title 13 — Subdivision Regulations, Vail Town Code Chapter 1, General Provisions (in part) 13-1-2: PURPOSE.- A. URPOSE: A. Statutory Authority: The subdivision regulations contained in this title have been prepared and enacted in accordance with Colorado Revised Statutes title 31, article 23, for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the town. Town of Vail Page 3 B. Goals: To these ends, these regulations are intended to protect the environment, to ensure efficient circulation, adequate improvements, sufficient open space and in general, to assist the orderly, efficient and integrated development of the town. These regulations also provide for the proper arrangement of streets and ensure proper distribution of population. The regulations also coordinate the need for public services with governmental improvement programs. Standards for design and construction of improvements are hereby set forth to ensure adequate and convenient traffic circulation, utilities, emergency access, drainage, recreation and light and air. Also intended is the improvement of land records and surveys, plans and plats and to safeguard the interests of the public and subdivider and provide consumer protection for the purchaser; and to regulate other matters as the town planning and environmental commission and town council may deem necessary in order to protect the best interests of the public. C. Specific Purposes: These regulations are further intended to serve the following specific purposes.- 1. urposes: 1. To inform each subdivider of the standards and criteria by which development proposals will be evaluated, and to provide information as to the type and extent of improvements required. 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. 3. To protect and conserve the value of land throughout the municipality and the value of buildings and improvements on the land. 4. To ensure that subdivision of property is in compliance with the town's zoning ordinance, to achieve a harmonious, convenient, workable relationship among land uses, consistent with town development objectives. 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the Town of Vail Page 4 town in order to preserve the integrity, stability and beauty of the community and the value of the land. 13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA AND NECESSARY FINDINGS The planning and environmental commission shall conduct a public hearing on an application for a preliminary plan for subdivision. The planning and environmental commission shall consider the application, relevant additional materials, staff report and recommendations as well as any other comments or public information given at the hearing. The planning and environmental commission may discuss advisable changes to the proposed subdivision with the applicant. The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this chapter, the zoning ordinance and other pertinent regulations that the planning and environmental commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-3-C of this chapter. A. 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. ubdivision: 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 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 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives, and 4. The extent of the effects on the future development of the surrounding area, and 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 Town of Vail Page 5 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 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 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 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. B. Necessary Findings: Before recommending and/or granting an approval of an application for a major subdivision, the planning and environmental commission shall make the following findings with respect to the proposed major subdivision.- 1. ubdivision: 1. That the subdivision is in compliance with the criteria listed in subsection A of this section. 2. That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 3. That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 4. That the subdivision promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. V. ZONING AND SITE ANALYSIS Addresses: 2399 South Frontage Road West (Fire Station Site) 2310 Chamonix Road (townhouse development) 2420 Chamonix Lane (undeveloped parcel) Legal Descriptions(existing): Parcels A and B, a resubdivision of Tract D, Vail Das Schone Filing No. 1 Legal Descriptions(proposed): Parcels A, C and E, a resubdivision of Parcels A and B Tract D, Vail Das Schone Filing No. 1 Town of Vail Page 6 Zoning: General Use (GU) and Housing (H) District Land Use Plan Designations: Chamonix Master Plan Current Land Uses: municipal, residential, vacant Geological Hazards: Steep Slopes Development Allowed / Existing Proposed Change Standard Required 2399 South Frontage Road West (Fire Station Site) (Parcel A) (GU Zoning) Site Area PresccribCed by -F PE 57,586 sq. ft. 52,294 sq. ft. -5,292 sq. ft. F 2310 Chamonix Road (Townhouse Development) (Parcel B) (H Zoning) Site Area PresccribCed by PE 154,202 sq. ft. 139,291 sq. ft. -14,911 sq. ft. 2420 Chamonix Lane (Undeveloped Parcel) (Parcel E) (H Zoning) Site Area PresccribCed by PE None 20,202 sq. ft. +20,202 sq. ft. VI. SURROUNDING LAND USES AND ZONING Existing Land Use: Zoning District: North: Residential Two Family Primary/Secondary (PS) District South: Gas Stations Heavy Services (HS) District East: Accommodations Commercial Core 3 (CC -3) District West: Residential Two Family Primary/Secondary (PS) District VII. REVIEW CRITERIA The following are review criteria for a minor subdivision, as outlined in Section 13-3-4, Commission Review of Application; Criteria and Necessary Findings, Vail Town Code: 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 Staff finds that the proposed subdivision is consistent with all 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 Town of Vail Page 7 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 proposed subdivision is consistent with the applicable elements of the adopted goals, objectives and policies outline in the Vail Comprehensive Plan. As proposed, the subdivision 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 subdivision 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 subdivision 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 the proposed subdivision meets this criterion. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations," of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and Staff finds that the proposed subdivision is in compliance with all of the standards of Title 12, Zoning Regulations, Vail Town Code, and Title 13, Subdivision Regulations, Vail Town Code. As proposed, the newly created parcel meets all applicable development standards. Staff finds the proposed subdivision meets this criterion. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff finds that the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. Future development of the newly created parcel will be governed by the approved development plan, assuring compatibility among land uses in the vicinity and consistent with municipal development objectives. Staff finds the proposed subdivision meets this criterion. Town of Vail Page 8 4. The extent of the effects on the future development of the surrounding area; and Staff finds that the proposed new lot will have no negative impacts on the future development of the surrounding area. As stated previously, future development of the newly created parcel will be governed by the approved development plan, assuring compatibility with the surrounding area and having no detrimental effects on the future development of the surrounding area. Staff finds the proposed subdivision meets this criterion. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Staff finds that the proposed subdivision will not cause any inefficiency in the delivery of public services and will not require duplication or premature extension of public services, and will not result in a leapfrog development pattern because the applicant is proposing a subdivision of an area already served by public facilities. Staff finds the proposed subdivision meets this criterion. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and Staff finds that the proposed subdivision is already served by appropriately sized utility lines, resulting in no future land disruptions to upgrade undersized lines. Staff finds the proposed subdivision meets this criterion. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Staff finds that the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole because there will be no negative impact to the community as a whole while facilitating the Town's housing goals and advancing the Vail Town Council critical actions, as identified in the Vail Town Council Action Plan 2018-2020. Staff finds the proposed subdivision meets this criterion. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water Town of Vail Page 9 quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff finds that the proposed subdivision will not result in any adverse impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Staff finds the proposed subdivision meets this criterion. 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. 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 approval, of a final plat pursuant to Title 13, Chapter 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.. Should the Planning and Environmental Commission choose to approve this minor subdivision, the Community Development Department recommends the Planning and Environmental Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for a final plat, pursuant to Title 13, Chapter 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." Should the Planning and Environmental Commission choose to approve this minor subdivision, the Community Development Departments recommends the Planning and Environmental Commission makes the following findings: 'Based upon a review of Section Vll of the October 28, 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 subdivision is in compliance with the criteria listed in Section 13-3-4, Minor Subdivisions, Vail Town Code, and 2. That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town,- Town own,Town of Vail Page 10 3. That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and 4. That the subdivision promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." IX. ATTACHMENTS A. Vicinity Map B. Chamonix Vail Community Parcel E Application Narrative, 07-29-2019 C. Proposed Plat D. Townhouse Plat, Chamonix Vail Community, recorded December 2017 E. Correction Plat, Chamonix Vail Community Town of Vail Page 11 U) IFF ■X V LO LO N O �x 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: al 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 11 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. 16 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. 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IIIIIIIIIIIIIIIIIIIII ........... ---------- -------------- TOWN OF DO VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: October28, 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. land setting forth details in regard thereto. (PEC19-0035) ATTACHM ENTS: File Name Description PEC19-0035 Staff Memo Amended Development Plan.pdf Staff Memorandum Attachment A. Vicinity Map.pdf Attachment A. Vicinity Map Chamonix Vail Amended Development Plan.pdf Attachment B. Amended Development Plan for the Chamonix Vail Community, October 28, 2019 Chamonix Vail Community Parcel E application 07292019 as amended by CommDev Staff.pdf Attachment C. Chamonix Vail Community Parcel EApplication Narrative, 07-29-2019 Attachement D. Chamonix Parcel E Development Exhibits October 2019.pdf Attachment D. Chamonix Parcel E Development Exhibits, October 2019 TOWN OF VAIL' Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 28, 2019 SUBJECT: 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, Parcels C and E, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 and setting forth details in regard thereto. (PEC19-0035) Applicant: Town of Vail, represented by George Ruther, Housing Director Planner: Jonathan Spence I. SUMMARY Town of Vail, represented by George Ruther, Housing Director, has submitted an application to amend the approved development plan for the Chamonix Vail Community. The purpose of the amendment is to allow the development of a 4 -unit multifamily building consisting of three (3) unrestricted dwelling units and one EHU on a newly created parcel located to the south of Chamonix Vail Townhouse Development. The amended development plan will outline the development standards applicable, as required by the Housing (H) District. The Housing (H) District requires the submittal of a development plan, to be reviewed and approved by the Planning and Environmental Commission (PEC). 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 VIII of this memorandum. DESCRIPTION OF REQUEST Town of Vail, represented by George Ruther, Housing Director, has submitted an application to amend the approved development plan for the Chamonix Vail Community. The purpose of the 2019 Chamonix Vail Amended Approved Development Plan is to facilitate the completion of Vail's newest residential development for families on the town -owned property located at 2310 Chamonix Road/ Parcel C, Chamonix Vail Community, and to facilitate the creation and future residential development at 2420 Chamonix Lane, Parcel E, Chamonix Vail Community. Together, the Chamonix Vail Community (32 townhomes on Parcel C, completed in 2018) and future Parcel E shall comprise the development site of the Amended Approved Development Plan. It shall be the intent of this Amended Approved Development Plan to develop, over a period of time, for -sale, deed -restricted, employee housing units and unrestricted free-market dwellings, as permitted by the Vail Town Code, in a mix of dwelling unit product types consistent with the recommendations of the amended Chamonix Master Plan, and the Town of Vail Housing District. The Master Plan recommendations locate the highest densities of units on the south and east sides of the development site. The northern portion of the site is set aside for lesser densities to maintain the greatest compatibility with existing and adjacent neighborhoods. The western most portion of the site is unbuildable for affordable homes due to the increased cost of construction on the steep slopes, but this area is appropriate for unrestricted, free market dwelling units. The undeveloped areas in and around the townhome buildings and internal driveway system provides landscape areas and recreational opportunities for the residents living in the homes on the site. To facilitate the development of these parcels, two Development Plans are proposed. • Phase I will include the 32 deed -restricted townhomes constructed on Parcel C • Phase II will include development of up to 4 dwelling units on a newly created Parcel E at the western edge of this site. The approved development plan is used as the principle guide for the proposed development and contains development standards prescribed by the PEC in addition to a complete plan set (site plan, landscape plan and architectural). As the applicant is not proposed to be the developer of the project, a request has been granted by the Community Development Director to defer certain submittal requirements until a future date. These deferrals include plans related to the proposed future building and related site improvements. What is being proposed at this stage of review relates to development standards including building height, lot area and density control, including GRFA. A future application to further amend the development plan will be required by the eventual developer of the project, to be reviewed and approved by the PEC. This additional step is necessary in order for the development to meet the required criteria as further discussed in Section VII. The applicant has supplied a series of development exhibits, included as Attachment D. These exhibits portray the buildable area upon the site and the relation of this area to Chamonix Lane by extruding the allowable footprint up to the maximum allowable building height, based on the underlying existing topography. It should be noted that these exhibits portray a maximum allowable height of forty-two feet (42') while the proposed development plan proposes a maximum height of forty feet (40') for a flat roof or forty-four feet (44') for a sloping roof. III. BACKGROUND 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. The Development Plan for Chamonix Neighborhood Townhome Development was approved in January of 2017. Construction of the 32 deed -restricted townhomes was completed in 2018. IV. APPLICABLE PLANNING DOCUMENTS 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. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2) V. ZONING ANALYSIS Addresses: 2310 Chamonix Road (townhouse development) 2420 Chamonix Lane (undeveloped parcel) Legal Descriptions Parcels C and E, a resubdivision of Parcels A and B Tract D, Vail Das Schone Filing No. 1 Zoning: Housing (H) District Land Use Plan Designations: Chamonix Master Plan Current Land Uses: municipal, residential, vacant Geological Hazards: Steep Slopes Development Required Proposed Phase 1 Proposed Phase 2 Standard Lot Size Prescribed by PEC 139,291 sq. ft. (3.2 acres) 20,202 sq. ft. (.46 acres) Minimum Setbacks 20' feet from the All structures 20+ feet All structures 20 feet perimeter of the from the perimeter of the from the perimeter of the zone district. zone district. zone district. A 10 foot setback from the shared property line between Phase 1 and Phase 2 is proposed. Maximum Height Prescribed by PEC Sloped Roof: 44 feet Flat Roof: 40 foot maximum maximum VI. SURROUNDING LAND USES AND ZONING Land Use Zoning Sloped Roof: 44 feet Residential Two -Family Primary/Secondary Residential (P/S) South: maximum Maximum Dwelling Prescribed by PEC 32 units (10 du/acre) 4 units ( 8.7 du/acre) units/acre Residential Two -Family Primary/Secondary Residential (P/S) GRFA/Building Prescribed by PEC Up to 40,000 sq. ft. Up to 8,400 sq. ft. Square Footage Maximum 7,200 sq. ft. unrestricted Site coverage Maximum 55% 23,189 sq. ft. or 17% Estimated maximum 7,677 square feet or 38% Minimum Minimum 30% 71,949 sq. ft. or 52% TBD Landscaping Required Parking Per Chapter 10 64 spaces required TBD 113 spaces provided VI. SURROUNDING LAND USES AND ZONING VII. REVIEW CRITERIA According to Section 12-61-13, Development Standards/Criteria for Evaluation, of the Zoning Regulations of the Town of Vail, 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. At this time, the proposed development plan only speaks to building height, massing and orientation. The proposed height of forty feet (40') for a flat roof or forty-four feet (44') for a sloping roof is compatible with adjacent properties. As demonstrated on the development exhibit, because of the significant grade change from the Chamonix Lane roadway to the 20' setback line, the height of any structure built on the property will not exceed the height of the roadway by more that approximately 32'. The proposed GRFA of 7,200 square feet is compatible with the surrounding neighborhood, which is zoned Two -Family Primary/Secondary Residential. If zoned Primary/Secondary, a commensurate lot of this size would be allowed 6,953 square feet of GRFA. Further analysis of the architecture and character of the project will occur with the future amendment to the development plan. Therefore, Staff finds the proposed development plan, as conditioned, meets this review criterion. Land Use Zoning North: Residential Two -Family Primary/Secondary Residential (P/S) South: Municipal General Use District East: Commercial Heavy Service District/Commercial Core III West: Residential Two -Family Primary/Secondary Residential (P/S) VII. REVIEW CRITERIA According to Section 12-61-13, Development Standards/Criteria for Evaluation, of the Zoning Regulations of the Town of Vail, 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. At this time, the proposed development plan only speaks to building height, massing and orientation. The proposed height of forty feet (40') for a flat roof or forty-four feet (44') for a sloping roof is compatible with adjacent properties. As demonstrated on the development exhibit, because of the significant grade change from the Chamonix Lane roadway to the 20' setback line, the height of any structure built on the property will not exceed the height of the roadway by more that approximately 32'. The proposed GRFA of 7,200 square feet is compatible with the surrounding neighborhood, which is zoned Two -Family Primary/Secondary Residential. If zoned Primary/Secondary, a commensurate lot of this size would be allowed 6,953 square feet of GRFA. Further analysis of the architecture and character of the project will occur with the future amendment to the development plan. Therefore, Staff finds the proposed development plan, as conditioned, meets this review criterion. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. The proposed setbacks, height limitations and uses illustrated in the development plan in concert with the provided buildable area model result in a development plan that is responsive to the site and the surrounding neighborhood. Further analysis of the architecture and character of the project will occur with the future amendment to the development plan. Therefore, Staff finds the proposed development plan, as conditioned, meets this review criterion. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and, when possible, are integrated with existing open space and recreation areas. The proposed setbacks of 20' front, 20' side west, 25' rear and 10' side east, coupled with the existing Chamonix Townhome Building #10 being in excess of 20' from the shared property line, creates an adequate buffer between adjacent developments and areas for functional landscaping. Further analysis of the landscaping for the project will occur at the future amendment to the development plan. Therefore, Staff finds the proposed development plan, as conditioned, meets this review criterion. D. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. The pedestrian and vehicular circulation system for the site is anticipated to mirror other developments that take direct access from Chamonix Lane. The feasibility of installing a sidewalk along Chamonix Lane was studied during the Chamonix Neighborhood Townhouse and proved too costly due to the topography. Therefore, Staff finds the proposed development plan, as conditioned, meets this review criterion. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. Due to the infill nature of this development, an Environmental Impact Report was not required for the proposed development. Therefore, Staff finds this review criterion is not applicable. F. Compliance with the Vail comprehensive plan and other applicable plans. 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 development plan is consistent with the applicable elements of the adopted goals, objectives and policies outline in the Vail Comprehensive Plan. Arguably, this development plan 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. The development plan 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. Therefore, Staff finds the proposed development plan meets this review criterion. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission approve, with conditions, the Amended Development Plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, for amendments to the Chamonix Vail Community Development Plan, Parcels C and E, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this application, with a condition, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with a condition, the applicants'request for 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, Parcels C and E, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 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 applies the following conditions: 1. Approval of this amended development plan is contingent upon the developer of the property obtaining Town of Vail approval for a further amendment to the Chamonix Vail Development Plan with a finding that the development meets the required criteria 12-81-13 A, B, C and D; and 2. Approval of this and development plan is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. Should the Town of Vail Planning and Environmental Commission choose to approve the Conditional Use Permit, the Community Development Department recommends the Commission makes 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 October 28, 2019, and the evidence and testimony presented, the Planning and Environmental Commission finds that the approval, as conditioned, is 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 IX. ATTACHMENTS A. Vicinity Map B. Amended Development Plan for the Chamonix Vail Community, October 28, 2019 C. Chamonix Vail Community Parcel E Application Narrative, 07-29-2019 D. Chamonix Parcel E Development Exhibits, October 2019 fz I Ld ii o —o ,LO H 2019 Chamonix Vail Amended Approved Development Plan "Vail's Newest Residential Development for Families" Amended by the Planning and Environmental Commission (PEC19-0035) October 28, 2019 1 Table of Contents I. Statement of Intent 11. Development Plan Contents III. General Information IV. Definitions V. Development Standards — Phase I A. Permitted Uses B. Conditional Uses C. Accessory Uses D. Setbacks E. Site Coverage F. Landscaping and Site Development G. Parking and Loading H. Additional Development Standards VI. Development Standards — Phase 11 A. Permitted Uses B. Conditional Uses C. Accessory Uses D. Setbacks E. Site Coverage F. Landscaping and Site Development G. Parking and Loading H. Additional Development Standards Vi 1. Open Space/Recreation Vi l l . Phased Development IX. Amendment Procedures X. Exhibit 04 Statement of Intent The purpose of the 2019 Chamonix Vail Amended Approved Development Plan is to facilitate the completion of Vail's newest residential development for families on the town - owned property located at 2310 Chamonix Road/ Parcel C, Chamonix Vail Community, and to facilitate the creation and future residential development at 2420 Chamonix Lane, Parcel E, Chamonix Vail Community. Together, the Chamonix Vail Community (32 townhomes on Parcel C, completed in 2018) and future Parcel E shall comprise the development site of the Amended Approved Development Plan. It shall be the intent of this Amended Approved Development Plan to develop, over a period of time, for -sale, deed -restricted, employee housing units and unrestricted free-market dwellings, as permitted by the Vail Town Code, in a mix of dwelling unit product types consistent with the recommendations of the amended Chamonix Master Plan, and the Town of Vail Housing District. The Master Plan recommendations locate the highest densities of units on the south and east sides of the development site. The northern portion of the site is set aside for lesser densities to maintain the greatest compatibility with existing and adjacent neighborhoods. The western most portion of the site is unbuildable for affordable homes due to the increased cost of construction on the steep slopes, but this area is appropriate for unrestricted, free market dwelling units. The undeveloped areas in and around the townhome buildings and internal driveway system provides landscape areas and recreational opportunities for the residents living in the homes on the site. To facilitate the development of these parcels, two Development Plans are proposed. • Phase I will include the 32 deed -restricted townhomes constructed on Parcel C • Phase 11 will include development of up to 4 dwelling units on a newly created Parcel E at the western edge of this site Development on the parcels is intended to achieve and advance the seven (7) goals affirmed by the Vail Town Council in the adopted Chamonix Master Plan. The seven (7) goals of the plan are as follows: Chamonix Master Plan Goals • Optimize the use of the site for workforce, for -sale housing • Design a context sensitive design solution • Ability to be phased over time • Deliver desirable, marketable and diverse types of housing products • Maximize the town's limited supply of financial resources • Build responsibly given the existing site configuration and topography of the site • Develop a diversified cost/sales structure to respond to a wider range of buyers The amended approved development plan shall remain in effect for the life of the development, and may be amended from time to time, as deemed appropriate, as part of an established amendment procedure. Amended Approved Development Plan To ensure unified development, protection of the natural environment, compatibility with the surrounding area and that development on the Chamonix 3 Parcel meets the intent of the 2011 Chamonix Master Plan, the 2019 Amended Chamonix Master Plan, and development objectives of the Town of Vail, an approved development plan shall be required. III. General Information Chamonix Vail is to be developed to meet the growing demand for for -sale, deed restricted employee housing in Vail. To that end, a mix of housing product types that are both desirable in the eyes of prospective buyers and marketable to persons and families choosing to make Vail, Colorado their place of primary residency is the intended outcome of the Chamonix Vail development. To achieve this objective, in part, Parcel E is also to be developed consistent with the Town's Housing district and the Amended Chamonix Master Plan. This requires, and includes, the issuance of a conditional use permit to allow for up to 30% of the development potential to be free market dwelling units and the approval of a variance to allow for residential development on slopes greater than 40%. These free market dwelling units are to be constructed within a single, multi- family building and developed to off set some of the Town's financial contribution towards the subsidy for up to 32 deed -restricted homes. The Town of Vail intends to sell the newly created Parcel E to a developer for the future development of 4 dwelling units in conformance with this development plan. Once adopted, an approved development plan, along with any applicable land use regulations contained in the Town's Zoning Regulations, become the principal governing documents for land use and dimensional requirements and limitations on the property. The development plan shall remain in effect for the life of the development, and may be amended from time to time, as deemed appropriate, as part of an established development review process. IV. Definitions Amended Approved Development Plan: The Development Plan consists to two parts — a written narrative and illustrative plans, which is consistent with the Vail Town Code. The two parts include: 1. The set of illustrative development plans approved by the Town of Vail Planning and Environmental Commission on January 23, 2017 entitling development on the Chamonix Vail Parcel, inclusive of both Parcel C and future Parcel E, and 2. This amended written document, dated October 28, 2019 Chamonix Vail Parcel: Phase I: The parcel of land legally described as Parcel C, Chamonix Vail Community, a Resubdivision of Parcel B, a Resubdivision of Tract D, a Resubdivision of Vail Das Schone Filing 1, a Resubdivision of Parcels A & B, Town of Vail, County of Eagle, State of Colorado, Phase II: Parcel E, Chamonix Vail Community, A Resubdivision of Parcel D, Chamonix Vail Community and A Resubdivision of Parcel A, a Resubdivision of Tract D, a Resubdivision of Vail Das Schone Filing No. 1, a Resubdivision of Parcels A & B Town of Vail, County of Eagle, State of Colorado, as may be further subdivided, subject to Town of Vail review and approval. 0 V. Development Standards (Phase 1) According to the Official Zoning Map of the Town of Vail, Phase I of the Chamonix Vail Parcel is zoned Housing (H) District. Development on Phase I of the Chamonix Vail Parcel shall be governed by the following development standards: A. PERMITTED USES: Permitted uses for the Chamonix Vail Parcel shall be those uses identified in Section 12- 61-2: Permitted Uses, Vail Town Code. B. CONDITIONAL USES: Conditional uses for the Chamonix Vail Parcel shall be those uses identified in Section 12-61-3: Conditional Uses, Vail Town Code. C. ACCESSORY USES: Accessory uses for the Chamonix Vail Parcel shall be those uses identified in Section 12-61-4: Accessory Uses, Vail Town Code. D. SETBACKS: Setbacks for the Chamonix Vail Parcel (Phase 1) shall be as contained in Section 12-61-5 Setbacks, Vail Town Code and as prescribed on the amended approved development plan, inclusive of the Final Plat for Parcel C, Chamonix Vail Community, E. SITE COVERAGE: Site Coverage for the Chamonix Vail Parcel shall be as contained in Section 12-61-6 Site Coverage, Vail Town Code and as prescribed on the amended approved development plan. F. LANDSCAPING AND SITE DEVELOPMENT: Landscaping for the Chamonix Vail shall be as contained in Section 12-61-7 Landscaping and Site Development, Vail Town Code and as prescribed on the amended approved development plan. G. PARKING AND LOADING: Parcel C - Off street parking shall be provided in accordance with Chapter 10 of the Vail Town Code. H. ADDITIONAL DEVELOPMENT STANDARDS: In the Housing (H) District, development standards in each of the following categories shall be as proposed by the applicant as prescribed by the planning and environmental commission, and as adopted on the amended approved development plan: 1. Lot area and site dimensions. 5 There shall be no minimum lot area or site dimensions requirements. Any subsequent resubdivision of the Chamonix Vail Parcel such as townhomes plat or condominium maps and plats shall adhere to the procedures of the Title 13, Subdivision Regulations of the Vail Town Code. 2. Building height. Parcel C - The maximum allowable building height with the Chamonix Vail Parcel shall be as demonstrated on the amended approved development plan. In no case shall the maximum height of any building in the Chamonix Development, Parcel C, exceed forty-four (44) feet. 3. Density Control Parcel C - Dwelling Units per Acre - A total density of 32 dwelling units (10 dwelling units per acre) is approved for the Project. 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. A total of up to 40,000 square of Gross Residential Floor Area (GRFA) is approved for the Phase I Project. VI. Development Standards (Phase 11) According to the Official Zoning Map of the Town of Vail, Phase II of the Chamonix Vail Parcel is zoned Housing (H) District. Development on Phase II of the Chamonix Vail Parcel shall be governed by the following development standards: A. PERMITTED USES: Permitted uses for Phase II of the Chamonix Vail Parcel shall be those uses identified in Section 12-61-2: Permitted Uses, Vail Town Code. B. CONDITIONAL USES: Conditional uses for the Chamonix Vail Parcel shall be those uses identified in Section 12-61-3: Conditional Uses, Vail Town Code. C. ACCESSORY USES: Accessory uses for the Chamonix Vail Parcel shall be those uses identified in Section 12-61-4: Accessory Uses, Vail Town Code. D. SETBACKS: Setbacks for Phase II of the Chamonix Vail Parcel shall be as shown on the approved "Setback/Building Envelope" exhibit for the minor subdivision application for Parcel E (PEC19-0032). These setbacks are 20 feet in the front (west) yard, 20 feet on the side (south), 10 feet on the side (north), and 25 feet in the rear (east). A E. SITE COVERAGE: Site Coverage for Phase II of the Chamonix Vail Parcel shall be as contained in Section 12-61-6 Site Coverage, Vail Town Code and as prescribed on the amended approved development plan. F. LANDSCAPING AND SITE DEVELOPMENT: Landscaping for Phase II of the Chamonix Vail shall be as contained in Section 12-61-7 Landscaping and Site Development, Vail Town Code G. PARKING AND LOADING: Parcel E - Off street parking for Phase II of the Chamonix Vail Community shall be provided in accordance with Chapter 10 of the Vail Town Code H. ADDITIONAL DEVELOPMENT STANDARDS: In the Housing (H) District, development standards in each of the following categories shall be as proposed by the applicant as prescribed by the planning and environmental commission, and as adopted on the amended approved development plan: 1. Lot area and site dimensions. There shall be no minimum lot area or site dimensions requirements. Any subsequent resubdivision of the Chamonix Vail Parcel such as townhomes plat or condominium maps and plats shall adhere to the procedures of the Title 13, Subdivision Regulations of the Vail Town Code. 2. Building height. Parcel E — For a flat roof or mansard roof, the height of buildings shall not exceed forty feet (40"). For a sloping roof, the height of buildings shall not exceed forty-four feet (44"). 3. Density Control Parcel E — A total of up to four (4) 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 Employee Housing Unit (EHU). Parcel E - Not more than 7,200 square feet of GRFA total. At least one deed - restricted employee housing unit (EHU) shall be constructed on Parcel E. The one required deed -restricted EHU shall be a minimum of 1,200 square feet in size. The first 1,200 square feet of GRFA of the one deed -restricted EHU shall be excluded from any GRFA calculations. VII. Open Space/Recreation Passive outdoor recreation areas and open spaces are permitted uses within the 7 development. Each of these uses are an important element of the development and critical to ensuring the creation of a desirable neighborhood for families. The open space area provides opportunities to plant landscape buffers between the development and the adjacent commercial uses. It is, however, important to make the outdoor areas within the project more than just open/green space. The open space and recreation areas shall be developed consistent with the improvements shown on the Landscape Plan. VIII. Phased Development Development of the Chamonix Vail Parcel may be completed over time and in a series of development phases. According to findings of the Market Analysis — Chamonix For -Sale Employee Housing, dated March 30, 2014, completed by Rees Consulting, Inc., phasing of the development from a marketability stand point will likely not be necessary. However, pre -sales conditions, mortgage availability, pricing and sales structure, construction financing options, development approach, market risk tolerance, down valley competition, and absorptions rates, for example, all weigh heavily on the Town's ability to complete the development in a single phase. A phased development approach reduces risk, provides flexibility, is more responsive to a changing market, and allows the development to better target certain segments of the buyer's market in an effort to meet the affordable housing needs of the community. IX. Amendment Procedures Upon adoption, it is recognized that the Approved Development Plan may need to be amended from time to time. As such, amendment procedures are hereby adopted as an element of the Approved Development Plan. Amendments to the Approved Development Plan will be considered in accordance with the provisions of section 12-61- 11(E) of the Vail Town Code. X. Exhibits Phase 1 Development Plan Set, dated January 23, 2017 Phase 2 Development Plan Set, dated TBD 0 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: al 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 11 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. 16 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 LU J LU V a 0 4-0 c.i n 0 J mr U W N I I I \ 1� I",, o I� + §° O C� k LL 0 a0 0 0 0 0 0) N ;q 1- O K N N N o v O -0 19 ti 0 0 0 0 0 0 O f" 1 (� Z Q Z co N u i - c v 0 0 J��� Imo` n�-., T'. ;� K a 0) 0) 0) 0) 0) 0) d 00 (D rn C%4 L °o IL H 0 0 0 0 0 0 O O Cl) c0 00 c0 c0 c0 0 0 00U? O; i � " a �00 co 0 CO c0 O C3 O 1 It 0 cci 00 N O IIS lxJ. � U7 U7 n� _- 0 00 0 o �l rn + v °o � - -- v LP LP a°�� \ \ \ rn + 4 °o 1 �R LU W 0 U o a > a Fo x o Q o Z o W 2 a i U � CL %a . CM U') C I`�"10 Cl) 144 CO ST C D :z C-0 U') C—n cm x 0 2 0 0 C '2 CL C\j Lu 2 co Lu c Q CD A� C D :z C-0 U') C—n cm x 0 2 0 0 '2 C\j Lu 2 Lu c Q C D :z C-0 U') C—n cm x 0 2 0 0 '2 C D :z C-0 U') C—n cm r L _ c c o c c L< x (6 N C C O O N = E E U U O C O U N O N O C O U N U) CDT Z co L%) cn M 2 � E J J Q J O (6 (6 = N _ E E CV m (6 (6 U U _ c c o c c L< x (6 N C C O O N = E E U U O C O U N O N O C O U N U) CDT Z co L%) cn M N L 0 U N N 0 00 M w J W U Q O M O C: O x m R I C: O x m E PM m 0 U m Cl) C: O x m u T C: O x m T (M :z /� co 1../ J cn M N L _N 70 W J W C) I y Q n i O M O 0 x m R PM C: 0 x m E PM m Q m 0 x m u T C: 0 x m T 0 U J _ rn C=) W I u`, J� W 0 U o a — a x U) 0 Z Q 0 C0 c 0 a U � QM z co L%�cn Mcm TOWN OF DO VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: October28, 2019 ITEM/TOPIC: A request for the review ofa 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. 1 and setting forth details in regard thereto. (PEC19-0034) ATTACHM ENTS: File Name PEC19-0034 Staff Memo CUP.odf Attachment A. Vicinity Mao.odf Description Staff Memorandum Attachment A. Vicinity Map Chamonix Vail Community Parcel E application 07292019 as amended by CommDev Staff.odf Attachment B. Chamonix Vail Community Parcel EApplication Narrative, 07-29-2019 WA►1A119 Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 28, 2019 SUBJECT: 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 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) Applicant: Town of Vail, represented by George Ruther, Housing Director Planner: Jonathan Spence I. SUMMARY Town of Vail, represented by George Ruther, Housing Director, has submitted an application for a Conditional Use Permit to allow for the construction of dwelling units within the Housing (H) zone district, located at 2310 and 2420 Chamonix Lane. The Conditional Use Permit is required by the Vail Town Code, which allows up to 30% of the Gross Residential Floor Area (GRFA) of the proposed development to be constructed as dwelling units (not Employee Housing Units) in the Housing (H) zone district. The Amended Development Plan includes the constructed 32 -unit Chamonix Townhouse Development and the proposed 4 -unit multifamily building to be constructed on Parcel E. Three of these units are proposed to be unrestricted dwelling units, requiring the Conditional Use Permit. 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. DESCRIPTION OF REQUEST The applicant is requesting the review and approval of a Conditional Use Permit for the construction of 3 unrestricted dwelling units within a multi -family building within the Chamonix Vail Community. The Amended Development Plan for the Chamonix Vail Community includes the constructed 32 -unit Chamonix Townhouse Development and the proposed 4 -unit multifamily building to be constructed on Parcel E. Three of these units are proposed to be unrestricted dwelling units, requiring the Conditional Use Permit. Within the Housing (H) District, unrestricted dwelling units are permitted as Conditional Use subject to the following four (4) criteria: 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. The purpose of this development is to generate revenue from the sale of the property to offset the Town of Vail subsidy provided for the development of the 32 -Unit Chamonix Vail Townhouse project. 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. The land identified as Parcel D has been combined with a portion of Parcel A (Fire Station Site) to create Parcel E. Parcel E is the proposed site for the 4 -unit multifamily building, of which three (3) of the units are proposed to be unrestricted. It is these units that are subject to the Conditional Use Permit request. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code (in part) ARTICLE I — Housing District 12-61-1: PURPOSE: The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-2: PERMITTED USES: (in part) The following uses shall be permitted in the H district: Employee housing units, as further regulated by chapter 13 of this title. 12-6/-3: CONDITIONAL USES: (in part) The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: 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 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. 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(1973) § 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 3 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. 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: 1. 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. 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 0 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(l 998) § 10: Ord. 8(19 73) § 18.900) V. ZONING 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 (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 2/3rd of future parcel) Development Standard Approved (Phase 1) Proposed (Phase 1 and 2) Total GRFA 40,000 sq. ft. 47,200 sq. ft. GRFA — Dwelling Units None 7,200 sq. ft. or 15.3% of Total GRFA 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 — 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: 12-6I-3: CONDITIONAL USES: 5 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: 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 The proposed dwelling units are proposed to subsidize the previous construction of employee housing units on the property. The sale of the property, with the approval for a 4 -unit multifamily building consisting of three (3) unrestricted units and one EHU will be to offset the Town of Vail subsidy provided for the development of the 32 -unit Chamonix Vail Townhouse project. The Community Development Department finds this criterion to be met. 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 The primary use of the property is for deed -restricted employee housing units (EHUs). The entire development contains 36 residential units, including 33 employee housing units. The GRFA of the entire development is 47,200 square feet with the proposed 7,200 square feet of GRFA for the unrestricted dwelling units, equal to 15.3%. The Community Development Department finds this criterion to be met. C. Dwelling units are only created in conjunction with employee housing, and The dwelling units are proposed to be created in conjunction with previously constructed 32 -Unit Chamonix Vail Townhouse project to assist in offsetting the Town of Vail subsidy. The Community Development Department finds this criterion to be met. 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 design of the dwelling units will be compatible with the deed -restricted townhomes (EHUs), as demonstrated through the review and approval of the amended development plan. Although the design of the structure is not known at this time, the amended development plan will be required to be further amended when a design is finalized. The review of this amendment by the PEC will require conformance with this criteria, as conditioned. The use as residential dwelling units is compatible with the use of the remainder of the site, and the uses on adjacent properties. The Community Development Department finds this criterion to be met. 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: A 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 dwelling units will support the development of employee housing units (EHUs), which have been identified as a critical issue in the community. During the development of the Vail 20/20 Focus on the Future — Strategic Action Plan, participants placed workforce housing as a top priority for the community and government leaders to address. The Community Development Department finds this criterion to be met. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. The proposed conditional use will have minimal effects on light and air, distribution of population, utilities, schools, parks and recreation facilities, and other public facilities needs. There will likely be some minor impacts from the proposed development on transportation facilities, including impacts on local roads, the demand for parking, and transit. The additional residential development will create some impacts on local recreational facilities and trails. These impacts are similar to those that would be expected if the proposed dwelling units were constructed as deed restricted employee housing units. The Community Development Department finds this criterion to be met. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. There will be some minor impacts from the proposed dwelling units on traffic facilities, congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. These impacts are similar to impacts expected if the proposed dwelling units were constructed as deed restricted employee housing units. Staff finds the proposed dwelling units to have little impact on transportation at the property, and the use itself is minor relative to the proposed EHUs on site. The Community Development Department finds this criterion to be met. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The dwelling units will blend in with the proposed character of the rest of the neighborhood, including the adjacent employee housing units. The proposed buildings use a similar scale and bulk as surrounding and proposed uses, and similar architecture to the townhomes of the employee housing units within the Booth Heights Neighborhood. The Community Development Department finds this criterion to be met. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 7 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 for the proposed development. This criteria is not applicable. 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 Conditional Use Permit, with a condition, 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 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 Should the Planning and Environmental Commission choose to approve this application, with a condition, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approve, with a condition, the applicants' request for a Conditional Use Permit, pursuant to Title 12, Chapter 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: 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 conditional use permit is contingent upon the future developer obtaining Town of Vail approval for an amendment to the Chamonix Vail Development Plan with a finding that the architectural design of the new structure is compatible with the 32 -unit Chamonix Townhouse development Should the Town of Vail Planning and Environmental Commission choose to approve the Conditional Use Permit, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section Vll of the staff memorandum to the Planning and Environmental Commission dated October 28, 2019, and the evidence and testimony presented, the Planning and Environmental Commission finds 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. 0 3. That the proposed use will comply with each of the applicable provisions of this title." IX. ATTACHMENTS A. Vicinity Map B. Chamonix Vail Community Parcel E Application Narrative, 07-29-2019 9 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: al 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 11 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. 16 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 TOWN OF DO VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: October 14, 2019 PEC Results ATTACHM ENTS: File Name Description oec results 101419.odf October 14, 2019 PEC Results 0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl October 14, 2019, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 Call to Order 1. 1. Attendance Present: Brian Stockmar, Rollie Kjesbo, John -Ryan Lockman, Ludwig Kurz, Pam Hopkins, Karen Perez Absent: Brian Gillette Main Agenda 2.1. A request for a recommendation to the Vail Town Council, pursuant to 60 min. Section 3-2-6A: Function, Vail Town Code, concerning adoption of the Vail Civic Area Plan, and setting forth details in regard thereto. (PEC19-0043) Applicant: Town of Vail Planner: Matt Gennett Community Development Director Matt Gennett: The purpose of this item is to present the proposed Civic Area Plan. Gennett then explained the goals of the Civic Area Plan as addressed in the Staff Memo. He indicated that the Town has hit all of the stated goals. Gennett then broadly explained what had changed since adoption of the original Land Use Plan. He also stated that Civic Area Plan aligns with the stated goals of the Land Use Plan. Tom Braun, Consultant: Started by reviewing what had been presented to the PEC in previous meetings. The Civic Area Plan is going to Town Council tomorrow, but this does not mean that the PEC cannot have any say in the Civic Area Plan. The PEC can make recommendations to the Town Council that will be shared at the next meeting. Braun: The purpose of this plan is to set a vision and direction. This is meant to provide a guiding vision for the Town's civic areas. There have been 4 attempts in the past to build a conference center on the site. Braun indicated that he suspects this is due to those proposals being very project specific rather than having a broader area plan to help support a conference center. In creating the Civic Area Plan, direction was given from Town Council to engage the community, to explore all the issues and opportunities of the plan area, and to create a plan that is economically feasible and in line with community goals. He wants to address the needs of those who use the ice rink and the need for a conference area. He is hoping this will drive economic growth in this area. Chairman Stockmar: Asked if the economic potential had been investigated. Braun: Stated that the economic viability had been studied, but the next step is to conduct a high level market analysis to determine the best size and nature for these civic area improvements. He then began to describe the goals for architecture in the Civic Area Plan. Goal from the last meeting was to refine the architectural vision and to allow for greater architectural possibilities. Commissioner Hopkins: Stated it is very important to understand the ongoing cost of these buildings. She did not see any mention of energy efficiency or sustainability in the proposed buildings. We could use the civic area update as an opportunity for Vail to be an example of good buildings beyond just visual design. She wanted to see a greater emphasis on sustainability for the buildings to be added here in the architecture section. Stockmar: Agreed with what Hopkins said. Felt that the exteriors need to have high quality architecture that feels like Vail, rather than a modern urban building. The interiors should have a sustainability focus. Hopkins: Grand, "starchitect" designed buildings are becoming less common. She would love to see a building that can provide a wow factor and be energy efficient and sustainable. Braun: Unclear on how far reaching he should take these comments. He wanted to make sure that architecture and sustainability goals are not going to hobble each other. Hopkins: Adding more of an environmental focus could make the project more meaningful. The sustainability section could be more prominent and earlier in the plan. She used Jackson, Wyoming conference center as a good example of a place using architecture that fits the location and can provide a community need. Architecture is more than how a building looks on the outside. Wanting "compelling" architecture can mean a variety of things. She wanted to make sure that the architecture section is focusing on the whole building. Compelling architecture should be environmentally conscious, serve a community need, and is flexible based on the seasonal weather. She also mentioned the need for outdoor shelters for winter activity, and shelter for people waiting to enter the building. Stockmar: Good use of the space is what "compelling" should mean. He wants to see a space that wows. We don't really know what "compelling" means in the Civic Area Plan. Could mean big, useful, expensive, sustainable, etc... Braun: Began describing the "spaces between", which includes the landscaping and pedestrian ways. He indicated that the recap of their presentation was over and ready for more comments from the Commission. Hopkins: When talking about community spaces in front of the Lionshead Parking Structure, would like to see more small shops along this area. This is more indicative of how Vail started out, with small independent businesses. What if some of those proposed spaces could be small areas for a new cafe owner, for example? Described walking into Lionshead as Disneyland where everything is centered around the ski resort owner and there are lots of chain businesses owned by Vail Resorts . These new spaces could be for entrepreneurs. Stockmar: These areas could be a maker space. Braun: When talking about the "approach" in the plan on page 38, we could add something about entrepreneurial or maker space. Stockmar: Specifically, was talking about space for small, local businesses Hopkins: This would also help attract young people and more economic viability. Commissioner Kurz: Surprised that this topic had not come up earlier. Worried that this meeting might end up changing the plan around to the point where it cannot be approved at this time. Braun: Stated that the small business idea had not been explicitly brought up, but a desire to move more economic activity into this area had. Hopkins: Reiterated that these spaces could help connect Lionshead to the new potential conference and ice rink area. Stockmar: Asked for comments from each Commissioner Commissioner Lockman: Would like an "at a glance" type of section to easily understand the differences between each proposed build out plan. Didn't see a section directly addressing how the Civic Area Plan would align with the Restore the Gore goals. In the big picture, sees the library as a great place for knowledge and for connecting to the needs of Gore Creek. J ust wants to make sure this alignment is kept in mind. He stated that that for a visioning document, the way architecture is described is good, but agreed with Hopkins about the need for keeping sustainability and energy efficiency in mind. Hopkins: No additional comments Braun: Asking for clarification from the Commission to move the environmental section higher up in the Civic Area Plan. PEC agreed with this recommendation. Kurz: Agrees with the comments and additions already recommended. Felt comfortable with getting this approved as a guiding document. Commissioner Kjesbo: Is wearing two hats, being on the VRD board as well. Very worried about the cost of this project and what it will mean for taxpayers. Wants to also make sure parking is addressed. We still have hundreds of cars parked on the frontage road in peak seasons. Braun: In talking with Town Council, some members were adamant against adding more parking. The plan is trying to be more direct about where parking is needed for this plan and where parking could be expanded in the future. They came up with a requirement for around 260 spaces. Kjesbo: Yes, you absolutely need to add parking for this Civic Area Plan. Expanding public transit can only help so much. He stated that he will continue to look at parking issues for this project and others. Stockmar: The municipal buildings are outdated. They do not serve a direct economic benefit, but combining them with other uses makes sense. Moving the municipal center to the Charter Bus lot makes sense if there is multi -use. If we redevelop Lot 10, we need to make sure we are still considering library parking. Improve the connection from the library to the frontage road without overdeveloping a path. He has not seen a good study of the library operation, use vs functionality. The Charter Bus Lot and parking structure apparently have restrictive covenants and he would like to see them at some point. Gennett: The most applicable of these covenants is likely one requiring no net loss of parking during winter months. Stockmar: Also interested in eventually figuring out a way to more efficiently use the parking throughout town, including private parking spaces. This may take a long time. There are a number of systems in Dobson Ice Area that need renovation. He wondered about the cost of renovation vs remodeling. The library and Dobson are Stockmar's primary concerns. Commissioner Perez: This is a visioning document now, but once budgets are determined and the vision is more solidified the Civic Area Plan should be updated to reflect this better understood detail. She liked the idea of the Civic Area Plan being a visioning document as long as it is revisited throughout all stages of buildout. As an example only, if the Town settles on buildout option 2, then the Civic Area Plan should be updated to indicate this. Braun: Went on to summarize the recommendations given by the Commission. Lockman: Stated that the section to add the Restore the Gore language was on page 69, discussing how the Civic Area Plan supports other adopted plans. Public Comment Joe Staufer: Wherever there is a piece of land we seemingly have to put a building on it. He did not feel that the architecture presented belongs in Vail, but that this architecture is popping up all over in Vail anyway. We are losing the style of Vail. We were a unique ski town because of that. The space around the Library is one of the most beautiful areas in town and it should be preserved. The current Council wants to push these kinds of projects through too fast. This is the kind of project that should be up to the new Council to be elected, not one that is soon to be switched out. Keep the things that are unique to Vail, unique. Kjesbo: Feels uncomfortable as well with this being approved by a Council that is switching out. Stated he would likely vote "no" right now. Kurz: Feels uncomfortable blocking something just because there is a change of Council coming. Perez: If we can make updating the document a requirement, she would be comfortable approving today. Hopkins: Stated that this is the best we can do. We have had time to think on and address the issues in this plan. Lockman: Stated that Tom Braun had done a good job on this. He thought that a good job was done on gathering public input. Complemented how the plan was laid out. He felt that the plan has met the objectives set out at the beginning of the process. Braun: Our charge was to work through this plan with a goal of approval before November 5, 2019. Stated that he thought it was good that the current Council has seen the entire process, and they should be the ones to review it. Perez: Concerned about getting the PEC changes in front of Council before tomorrow. Its one thing for staff to put the new language in front of Council, but the PEC will have not seen the updated language. Stockmar: Uncomfortable with the quasi -approval and frustrated by the pressure and rush to push things through before a new Council vote. There is still a PEC meeting at the end of October before the new election and final Council meeting before a new Council is seated. Kjesbo: Does think this is a great document, but wants to see the updated language and not rush things. Stockmar: Echoed the need to see a true finalized document. Perez: Stated that the public has felt rushed as well on other projects recently. Stated that the commission should carefully consider this plan for the public. Braun: Could the Council act on this without PEC recommendation? Gennett: Stated that Town Council theoretically could act on this without a recommendation from PEC. Stockmar: What's the rush? Kjesbo: That decision is ultimately up to Council anyway Perez: Seeing the language on the 6 new points from this meeting is important for the commission. Gennett: When we present this to council tomorrow, we will talk about the 6 points even if the PEC chooses to continue this item. Stockmar: I nvited a motion to continue to October 28 Kurz: (on voting no on the continuance): He felt that there was some implied maligning of staff and the current Council and that this wasn't appropriate. Felt that the PEC should be ready to make a recommendation John -Ryan Lockman moved to table to October 28, 2019. Rollie Kjesbo seconded the motion and it passed (5-1). Ayes: (5) Hopkins, Kjesbo, Lockman, Perez, Stockmar Nays: (1) Kurz Absent: (1) Gillette 2.2. 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 requests that this item be tabled to the October 28, 2019 meeting. Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence Ludwig Kurz moved to table to October 28, 2019. Rollie Kjesbo seconded the motion and it passed (6-0). Absent: (1) Gillette 2.3. 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 requests that this item be tabled to the October 28, 2019 meeting. Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence Ludwig Kurz moved to table to October 28, 2019. Rollie Kjesbo seconded the motion and it passed (6-0). Absent: (1) Gillette 2.4. 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 requests that this item be tabled to the October 28, 2019 meeting. Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence Ludwig Kurz moved to table to October 28, 2019. Rollie Kjesbo seconded the motion and it passed (6-0). Absent: (1) Gillette 2.5. 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 requests that this item be tabled to the October 28, 2019 meeting. Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence Ludwig Kurz moved to table to October 28, 2019. Rollie Kjesbo seconded the motion and it passed (6-0). Absent: (1) Gillette 2.6. 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 requests that this item be tabled to the October 28, 2019 meeting. Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence Ludwig Kurz moved to table to October 28, 2019. Rollie Kjesbo seconded the motion and it passed (6-0). Absent: (1) Gillette 2.7. 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 requests that this item be tabled to the October 28, 2019 meeting. Applicant: Town of Vail, represented by George Ruther Planner: Jonathan Spence Ludwig Kurz moved to table to October 28, 2019. Rollie Kjesbo seconded the motion and it passed (6-0). Absent: (1) Gillette 3. Approval of Minutes 3.1. September 23, 2019 PEC Results Ludwig Kurz moved to approve. Karen Perez seconded the motion and it passed (6-0). Absent: (1) Gillette 4. Adjournment Karen Perez moved to adjourn. Rollie Kjesbo seconded the motion and it passed (6-0). Absent: (1) Gillette 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 #: 0000501044-01 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 for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 10/25/2019 and that the last publication of said notice was dated 10/25/2019 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day 11/20/2019. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 11/20/2019. p Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 JEr 1 LYA�'i i�4L"plR�6 kbTAa ,RU$LiC. RUFE:1i'Lgf,{14AD0 ppTARY'D 2df846g938g' tt'/ Cf,;SI�H %'%13glw4FiiGi15T9,20.x' PLANNING AND ENVIRONMENTAL COMMISSION October 28, 2019,1:00 PM Town Council Chambers ]5 S. Frontage Road - Vail, Colorado, 8165] 1. Can to order 1.1. Access - 2. Main Agentla 2.1. A request far a recommendation to the Vail Town Council, pursuant W S,oh- 3-2-6A: Function, Vail Town Cotle, cencerning adoption of the Vail Civic Area Plan, and setting forth detail. in regard thereto. (PEC19- 0043) be min. Applicant: Town of Vail Planner: Matt Gannett 2.2. A quest for revi f a from Section 14-6-J, Retaining Wails, Vailn Town Cade, pursuant to TRIe 12 Chepiar 17, Variances, Vail Town Cotle, to allow for a retaining well in case of six (6) feet tall at the Town of Vail Publ c Works facilittyy located at 12(19 Elkhorn Drive/Unplath, , and .eningg forth catch, in regard thereto. (PEC19-0041)5min. The Applicant has requested that this Rem be ta- bled m the meeting of November 11, 2019. Applleent: Town of Val, represented by Victor Mark Donaldson Architects Planner: Chris Neubecker 2.3. A request lot —law of a Conditional Use Permit pursuant to Section 12- 9C-3, Condition- al Use. Vail Town Code. in docodance with Title Code, to allow for an amentlment to the—ditional use permit for the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unpiaaetl, and set- ting forth tletails in regaN Iherelo (PEC19-0039) 2 The Applicant has requestetl that ibis Rem be fa- bled to the meeting of November 11, 2019. Applicant: Town of Vail, represented by Victor Mark Donaldson Architects Planner. Chns Neubeckm 2.4. A request for a taco mandation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Cotle, for an MNNd. to the Vail Land Use Plan, specifically the Chamonix Mas- ter Plan and the Ghamonix Lantl Use Category and setting forth details in regard thereto. (PE19-0040) 15 in. APEIli c..t: Town of Vail, represented by George Planner: Jonathan Spence 2.5. A request for the review of a variance from Section 12-21-10 Development Restricted, Vail Town Cotle, inccend.nce with the provisions of Section 121]-1, Variances, Vail Town Coda, to al low for davelap M in the Housing Zoning District eda slope of forty percent (40%) or greater, locat- at 2420 Chamonix Lanedhe western potlion of Pareels B and the —Nnn portion of Parcel A, tor- merly Non' of Tract D, Vail Das Schene Filing No. 1 (Future Lot E, Chemonix Vail Commun- th retoa(PEC19-0036) 15and nminorth tlataila in regaN Applicant Town of Vail, presented! by George Rutnne Planner: JonathanSpence 2.s. Are R at for a regommandaden to the Vail Town Council for a zone district boundary mentlm en[, pureuent to Section 12-3-J, Amentl- Amentl- il Town Cotle, to allow for the rezoning of a Zion of 2399 North Fmmage Road West, Parcel n'ga1 fromithe General Use' (GUj District toethe Housing (H) District and salting forth details in re- gmdp dmmt.. PEC19-0033)15 min. Rulhlmunt: own of Vail, mpmeented by Gcorge Planner: Jonathan Spence 2]. A request for review of a Minor Subdi- vi n, pursuant he Section 13-4, Minor Subdivi- s, Vail Town Coca' hecreate Chamonix Vail Community Parcel E, a resubdivision of Parcels A anti B, Rmnetly a resubtlivision of Tract D, Vail Das Schone Filing No. 1, anti setting forth details in re- garpdp thereto. (PEC19-0032) 15 min. Ruthlicaat: Town of Vail, represented by George Plannal r. Jonathan Sp -no. 2.8. A request for the review of an Amend- od Development Plan, pursuant to Section 12-61- 11, Development Plan Required, Vail Town Cotle, for amendment. to the Chamonix Vail Community Development Plen, Parcel B end a northern rtion f Pamel A, tormeilyy a resubtlivision of Trac[ O, Vail Das Scheme Filing No. 1 end setting form tletails in gard thereto. (PEC19-0035)15 min. ARu plleent Town of Vail, repres Nd by George Planner: Jonathan Spence 2.9. A request for the review of a Condi- tional USe Permit, pursuant to Section 12-16, Gondi- tional Use Permits, Vail Town Cotle, to allow for the onstruction of dwelling units within the Housing (H) zone tlistrict, Iocatetl at located at 2310 and 2420 Chamonix Lane, Parcel B and a northern por- tion of Parcel A, "'mar"' ormetly a resubtlivision R Tract D, Vail Das Schone Filing9 No. lantl setting forth tle- tails in regal the, 0. (PEGI9-uu34) S Applicant: Town of Veil, representetl by George Ruth., Planner: Jonathan Spence 3. Approval of Minutes 3.1. October 14, 2019 PEC Results 4. Adjournment The applications and information about the propos- e,, ere available for public inspeMion during regular office hours at Me Town of Vail Community Develop - m t Department, 75 South Frontage Road. The public isinvited to attend the ph.pot onumbeion an me site visits that precede the public hearing in the Town of Vail Community Development De- partment. Times and order of items are appron- mate, subject to change, and a nnor be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please cal (970) 419-2138 for additional informa- tion. Please call ] I for sign language Interpreta- tion 48 hour prior to meeting time. Community Development Department Published in the Vail Daily OMnber2S, 2019. (mrmRMIW Ad #: 0000496015-01 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 for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 10/11 /2019 and that the last publication of said notice was dated 10/11 /2019 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 11/20/2019. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 11/20/2019. �1 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 11 811-y 1LYrt4L als�6 rebrarev;Pllm�.�. iGFF <7i'Lgf,{1RPCO ppTARY'[7:ldSfdOg938g' N'/ Cf,Y�;SIDH %'%471lw4FIiGi15T9,2�' THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN Mat Me Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance wiM section 12- 3-6, Vall Town Cade, on October 2% 2019 et 1:00 pm In Me Town of Veil Municipal Bullding. No new items have been submined for Mis meet- ing. Tabled or mulinued items from previous mat- ings may be scheduled for Mis meeting date. The applications and irdormation about the propos- Is are available for public inspection dunng .flee rs houet Me Town of Veil Community Development Department, 75 SouM Frontage Roatl. The publk ited ro anend site visits. Please call 9T0-4]9 2130 or visitw.w ilgov.00Mplanningfor additon- al imamation. Sign language Interpretation ilable upon re questw 24-hour notification, dial711. Published October 11, 2010 In Me Vall Deny. 0000496015