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HomeMy WebLinkAboutPEC080013 PEC080006TOWNOF YAI~ Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479 2452 www. vailgov. com May 23, 2008 Henry Pratt Gwathmey Pratt Schultz Lindall 1000 South Frontage Road West, Ste. 102 Vail, CO 81657 RE: Lot 8B, Block 2, Vail Potato Patch -Solar Vail File Nos. PEC070052; PEC080006; PEC080013 Henry, Please let this letter serve as notice of recent final approvals granted for the above referenced applications for a development plan, certain conditional uses and a variance at the Solar Vail Site. Specifically, at their regularly scheduled meeting of March 24, 2008, the Town of Vail Planning and Environmental Commission approved the above referenced applications with the following conditions: PEC070052: The Developer shall revise the plans prior to or concurrent with any application for Design Review to ensure the minimum standards for snow storage are met on- site. A snow storage management plan may be provided in conjunction with any requested variance from the standards to further demonstrate the Developer's ability to comply with Town of Vail standards; 2. Prior to or concurrent with any application for Design Review, the Developer shall submit a Master Sign Program and install signage within the parking areas designating "office" parking and "residential/tenant" parking. Any plan submitted shall included provisions regulating maintenance of the hammerhead in the winter months free from snow storage and accumulation to ensure use by all vehicles; 3. The Developer shall be required to submit a detailed and final lighting plan, showing all fixture locations, fixture types and lumens/output; such plan should be accompanied by cut sheets for each proposed fixture in conjunction with any Design Review application; 4. The Developer shall be required to submit a final site re-vegetation and erosion control plan inclusive of details showing atl areas to receive native re-seeding and specifying rates of application, as well as temporary irrigation to be used, with any Design Review application; ~~~ RECYCLED PAPER 5. The Developer shall submit final details for Design Review for any fence to be located between the Red Sandstone Elementary School site and Solar Vail. Detailing for any fence shall compliment and otherwise match the materials, textures and colors used on the Solar Vail building; 6. The Developer shall be required to provide a building code and fire code analysis with any submittal for building permit; 7. The Developer shall obtain an access easement agreement from the Town of Vail for any and all driveway, grading, drainage, retainage, planting or other ancillary improvements on, over or across Town owned Tract A. Such agreement shall be required to be executed prior to or in conjunction with any building permit application; 8. The Developer submits a complete set of civil engineered drawings of the Approved Development Plans including the required off site improvements, to the Town of Vail Community Development Department for review and approval of the drawings, prior to making application for the issuance of a building permit for the Solar Vail building improvements; 9. The Developer submits a site specific geologic investigation in conjunction with any building permit application, in accordance with Section 12-21-15, Vail Town Code, for any proposed development within a mapped Rock Fall Hazard areas; 10. The Developer shall address all the comments and conditions identified in the memorandum from the Town Project Engineer dated February 14, 2008, in conjunction with building permit application; 11. Pursuant to Chapter 12-23, Commercial Linkage, Vail Town Code, the Developer shall provide 3.1 deed restricted bed(s), to be assigned to the approved office uses on-site, per the approved Employee Housing Mitigation Plan; and 12. The Developer shall provide the legally executed and duly recorded Type VI deed restriction with the Eagle County Clerk & Recorder's Office for the on-site employee housing units, and that said units shall sized according to the Town of Vail minimum size requirements according to Chapter 12-23, Vail Town Code, and be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Solar Vail project. PEC080006: The Conditional Use Permit granted for Professional Office uses will be subject to "call up" by the Town, upon any determination by the Town that parking provided on site is not adequate to accommodate the approved conditional uses on-site. 2 Also, please let this letter serve as notice of recent actions by the Vail Town Council regarding the above referenced applications. At their regular meeting of April 1, 2008, the Town Council "called-up" or appealed the above referenced approvals. On May 6, 2008, the Vail Town Council voted unanimously to uphold the Planning and Environmental Commission's March 24, 2008, approvals following a public hearing held to consider the appeal. It has been my pleasure working with you and Mr. Faessler during the review of these applications. Please do not hesitate to contact me at (970) 477-3551 or shunnCa~vailgov.com with any further questions regarding this matter or require assistance upon submittal for Design Review. Regards, Cc: File Scot Hunn Senior Planner Town of Vail Community Development Department P~~Innin+~ aln Environmental Commison ACTI~fV Ft3RM 711WNOFYAIL 4""~LRMJtt7~'Y C1E'~fEL~41Et;~' FINAL APPROVAL FOR A DEVELOPMENT PLAN FOR SOLAR VAIL EMPLOYEE HOUSING WITH OFFICES AS A CONDITIONAL USE. Project Name: SOLAR VAIL EMPLOYEE HOUSING PEC Number: PEC070052 Project Description: Participants: OWNER SONNENALP PROPERTIES INC 07/30/2007 20 VAIL RD VAIL CO 81657 APPLICANT SONNENALP PROPERTIES INC 07/30/2007 JOHANNES FAESSLER 20 VAIL RD VAIL CO 81657 Project Address: 501 N FRONTAGE RD WEST VAIL Location: 501 N. FRONTAGE RD. W. Legal Description: Lot: 8-B Block: 2 Subdivision: VAIL POTATO PATCH Parcel Number: 2101-063-0201-1 Comments: Motion By: Kjesbo Second By: Kurz Vote: 5-1-0 Conditions: Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vaiPgov,com BOARD/STAFF ACTION Action: APPROVED Date of Approval: 03/24/2008 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0009848 The Developer shall revise the plans prior to or concurrent with any application for Design Review to ensure the minimum standards for snow storage are met on-site. A snow storage management plan may be provided in conjunction with any requested variance from the standards to further demonstrate the Developer's ability to comply with Town of Vail standards Cond: CON0009849 Prior to or concurrent with any application for Design Review, the Developer shall submit a Master Sign Program and install signage within the parking areas designating "office" parking and "residential/tenant" parking. Any plan submitted shall included provisions regulating maintenance of the hammerhead in the winter months free from snow storage and accumulation to ensure use by all vehicles Cond: CON0009850 The Developer shall be required to submit a detailed and final lighting plan, showing all fixture locations, fixture types and lumens/output; such plan should be accompanied by cut sheets for each proposed fixture in conjunction with any Design Review application Cond: CON0009851 The Developer shall be required to submit a final site re-vegetation and erosion control plan inclusive of details showing all areas to receive native re-seeding and specifying rates of application, as well as temporary irrigation to be used, with any Design Review application Cond: CON0009852 The Developer shall submit final details for Design Review for any fence to be located between the Red Sandstone Elementary School site and Solar Vail. Detailing for any fence shall compliment and otherwise match the materials, textures and colors used on the Solar Vail building Cond: CON0009853 The Developer shall be required to provide a building code and fire code analysis with any submittal for building permit Cond: CON0009854 The Developer shall obtain an access easement agreement from the Town of Vail for any and all driveway, grading, draingage, retainage, planting or other ancillary improvements on, over or across Town owned Tract A. Such agreement shall be required to be executed prior to or in conjunction with any building permit application Cond: CON0009855 The Developer submits a complete set of civil engineered drawings of the Approved Development Plans including the required off site improvements, to the Town of Vail Community Development Department for review and approval of the drawings, prior to making application for the issuance of a building permit for the Solar Vail building improvements Cond: CON0009856 The Developer submits a site specific geologic investigation in conjunction with any building permit application, in accordance with Section 12-21-15, Vail Town Code, for any proposed development within a mapped Rock Fall Hazard areas Cond: CON0009857 The Developer shall address all the comments and conditions identified in the memorandum from the Town Project Engineer dated February 14, 2008, in conjunction with building permit application Cond: CON0009858 Pursuant to Chapter 12-23, Commercial Linkage, Vail Town Code, the Developer shall provide 3.1 deed restricted bed(s), to be assigned to the approved office uses on-site, per the approved Employee Housing Mitigation Plan Cond: CON0009859 The Developer shall provide the legally executed and duly recorded Type VI deed restriction with the Eagle County Clerk & Recorder's Office for the on-site employee housing units, and that said units shall sized according to the Town of Vail minimum size requirements according to Chapter 12-23, Vail Town Code, and be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Solar Vail project Planner: PEC Fee Paid: $1,500.00 Planning ~ln~d Enrrironlmenta~l Cornlmiss~n A~TI~1N F+t3RM C~vA#.~0.1k1?Y C~.VELOPM['dT Project Name: SOLAR VAIL CUP(S) Project Description: Participants: Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 870.479.2139 fax; 970,479.2452. web: www.vailgav.com PEC Number: PEC080006 FINAL APPROVAL FOR A CONDITIONAL USE PERMIT FOR TYPE VI HOUSING, OFFICE SPACE IN A HOUSING DISTRICT AND TEMPORARY TELECOM DRUING CONSTRUCTION AND TELECOM IN THE NEW BUILDING. OWNER SONNENALP PROPERTIES INC 02/18/2008 20 VAIL RD VAIL CO 81657 APPLICANT SONNENALP PROPERTIES INC 02/18/2008 JOHANNES FAESSLER 20 VAIL RD VAIL CO 81657 Project Address: 501 N FRONTAGE RD WEST VAIL Location: 501 N. FRONTAGE RD. W. Legal Description: Lot: 8-B Block: 2 Subdivision: VAIL POTATO PATCH Parcel Number: 2101-063-0201-1 Comments: Motion By: Kjesbo Second By: Viele Vote: 6-0-0 Conditions: BOARD/STAFF ACTION Action: APPROVED Date of Approval: 03/24/2008 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0009860 The Conditional Use Permit granted for Professional Office uses will be subject to "call up" by the Town, upon any determination by the Town that parking provided on site is not adequate to accommodate the approved conditional uses on-site. Planner: Scot Hunn PEC Fee Paid: $650.00 P'tanning ant Er~vir+~n~nen~a~ Cotnmis~an ACTIC~M Ft3RM ~~ d.^~ykR1NiTY CYE~4EL~'!dE>dT Depa~~tment of Community Development 75 South. Frontage Raad, Vail, Colorado 81657 tel:97i3.479.2139 fax:97Q,479.2452 web: www.vailgav.cam Project Name: SOLAR VAIL VARIANCE Project Description: Participants: PEC Number: PEC080013 FINAL APPROVAL FOR A VARIANCE TO CONSTRUCT EHU'S ON A DISTURBED SLOPE GREATER THAN 40% FOR THE SOLAR VAIL EMPLOYEE HOUSING OWNER SONNENALP PROPERTIES INC 20 VAIL RD VAI L CO 81657 APPLICANT SONNENALP PROPERTIES INC JOHANNES FAESSLER 20 VAIL RD VAIL CO 81657 Project Address: 501 N FRONTAGE RD WEST VAIL 03/ 13/2008 03/13/2008 Location: 501 N. FRONTAGE RD. W. Legal Description: Lot: 8-B Block: 2 Subdivision: VAIL POTATO PATCH Parcel Number: 2101-063-0201-1 Comments: BOARD/STAFF ACTION Motion By: Kjesbo Second By: Proper Vote: 6-0-0 Conditions: Action: APPROVED Date of Approval: 03/24/2008 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Planner: Scot Hunn PEC Fee Paid: $500.00 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: May 6, 2008 SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval, with conditions, of a request for a final review for a development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code; a request for final review of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16, Right of Appeal; and a request for final review of certain conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for the redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West/Lot 8, Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC070052; PEC080006; and PEC080013). Appellants: Vail Town Council Planner: Scot Hunn SUBJECT PROPERTY The subject property is located at 501 North Frontage Road West/Lot 8B, Block 2, Vail Potato Patch. STANDING OF APPELLANT The Vail Town Council, the appellant, has standing to file an appeal of the Planning and Environmental Commission's decision pursuant to Sub-section 12- 3-3C-1, Vail Town Code. REQUIRED ACTION The Town Council shall uphold, overturn, or modify the Planning and Environmental Commission's approval, with conditions, of a request for a final review for a development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code; a request for final review of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16, Right of Appeal; and certain conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for the redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, pursuant to Section 12- 3-3, Appeals, Vail Town Code. 1 IV. BACKGROUND On March 24, 2008, the Planning and Environmental Commission approved, with conditions, (5-1-0, Pierce opposed) a request for a final review of a development plan. As well, the Commission unanimously (6-0-0) voted to approve a request for final review of a variance and certain conditional uses to allow for the re- development of the Solar Vail site. On April 1, 2008, the Vail Town Council "called-up" the Planning and Environmental Commission's actions by a vote of 7-0-0. Issues discussed at the Town Council meeting centered on the appropriateness of the proposed building height, massing and the stepping of building and roof forms with the site in relation to the required criteria and findings for approval. V. STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council upholds the Planning and Environmental Commission's March 24, 2008, decisions. Staff's recommendation is based on criteria and findings outlined in Staff's March 24, 2008, memorandum to the Town of Vail Planning and Environmental Commission, and the evidence and testimony presented. Should the Vail Town Council choose to uphold the Commission's decisions, Staff recommends the Council approves the following motion: "The Vail Town Council upholds the Planning and Environmental Commission's approval, with conditions, of a request for a final review for a development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code; a request for final review of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-ti, Criteria and Findings and Section 12-21-16, Right of Appeal; and a requesf for final review of certain conditional uses, pursuant to Section 12-6/-3, Conditional Uses, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, /ocafed at 501 North Frontage Road WesbLot 88, Block 2, Vail Potato Patch, and setting forth details in regard. " Should the Town Council choose to uphold the Commission's decisions, Staff recommends the Council make the following findings: "The Vail Town Council finds that the standards and conditions imposed by the requirements of Title 12, Zoning, Vail Town Code, have been met, based upon criteria and findings outlined in Staff's March 24, 2008, memorandum to the Town of Vail Planning and Environmental Commission, and the evidence and testimony presented. " 2 VI. ATTACHMENTS A. March 24, 2008, Staff memorandum to Commission B. Reduced plan set from GPSL Architects C. Minutes from March 24, 2008, Planning meeting D. Public Notice the Planning and Environmental and Environmental Commission 3 Attachment A MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 24, 2008 SUBJECT: A request for a final review for a development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code; a request for final review of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16, Right of Appeal; and certain conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC070052 and PEC080013) Applicant: Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall Architects, P.C. Planner: Scot Hunn I. SUMMARY` The applicant, Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall Architects, P.C., has requested a final review by the Town of Vail Planning and Environmental Commission for a development plan, a variance and associated conditional use permits for the re-development of the Solar Vail property into a mixed use project, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch. The Community Development Department recommends the Planning and Environmental Commission approves, with conditions, the site specific development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, and setting forth details in regard thereto. The Community Development Department recommends the Planning and Environmental Commission approves the variations from the development standards of the Housing (H) District, pursuant to Section 12-61-5, Setbacks; Section 12-61-8, Parking and Loading; and Section 12-10-20, Special Review Provisions, Vail Town Code, to allow for certain variations to setback and parking standards. The Community Development Department recommends the Planning and Environmental Commission approves the request for a final review of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16, Right of Appeal, to allow for development within slopes in excess of 40%, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. The Community Development Department recommends the Planning and Environmental Commission approves the request for a final review of conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. 11. DESCRIPTION OF THE REQUEST The Solar Vail property currently serves exclusively as employee housing for the Sonnenalp Hotel operations. The applicant, in proposing this re-development, intends to maintain and expand this use as a direct nexus to employee housing needs generated by operation of the Sonnenalp Hotel in the Vail Village. Specifically, the applicant proposes this re-development to proactively address, the current and future employee housing needs generated by the hotel operations. As well, the applicant has proposed, as a possible means to finance re-development of the site, to sell deed restrictions tied to units developed on the site to other businesses or developers in need of "off-site" employee housing mitigation in the future. The property has been re-zoned from the High Density Multi-Family (HDMF) District to the Housing (H) District, and a text amendment to the Housing District allowing for "Professional Offices and Business Offices" as conditional uses has been approved by the Vail Town Council. Such re-zoning and text amendments were requested to better facilitate the development of a significant number of employee housing units within the Town of Vail and to allow for the review of certain proposed conditional uses proposed as secondary and incidental to the use of employee housing. Key components of the current proposal include: • Demolition of two existing, three-story buildings containing 24 dwelling units, originally constructed in 1976; • Development of a new building containing 87,818 (gross) square feet; • Eight stories, inclusive of two levels of structured parking; • A maximum building height of 84 feet; • Eighty-two (82) deed restricted, Type VI employee housing units on five floors for primary use by employees of the Sonnenalp Hotel; • Development of approximately 4,850 square feet of office space on the first level; deed restricted linkage is proposed between office space (lease agreement) and dedicated EHUs within the building; one or two units are proposed to be "attached" to office space lease agreements and will be made part of an on-site employee housing management plan; 2 • Creation of seventy three (73) and enclosed parking spaces on two levels of underground parking (separated for office and residential uses) and eight (8) surface parking spaces for a total of eighty-one (81) parking spaces on-site; • Improved site access, driveway grades and the provision of emergency services turn-around (heated hammer head) and staging areas; • Preservation of the existing earthen berm and vegetation located between the existing parking lot and North Frontage Road; • Replacement and upgrade of existing telecommunication antenna "farm" (to be better integrated into new architectural features of building); and • Installation of fencing and landscaping between the Solar Vail property and the adjacent Red Sandstone Elementary School property. The Solar Vail development proposal is comprised of three (3) separate development review applications. Each application is intended to facilitate the re- development proposal. The development applications include, but may not be limited to: A Development Plan application for development within the Housing (H) district; A Variance application for development on slopes in excess of 40%; and A Conditional Use Permit application for: o "Professional Office Uses" located on the office level of the structure; o "Public Utilities Installations including Transmission Lines and Appurtenant Equipment" (cellular communication antennae); and o "Type VI Employee Housing Units". In addition, the applicant is requesting "variations" to certain development standards, as permitted at the discretion of the Planning and Environmental Commission during review of any development proposal within the Housing District. Specifically, the applicant is requesting variations to: Setbacks -from 20 feet to approximately 4' feet between the proposed structure and the west property line; and Parking -from 106 required spaces (per Section 12-10-10, Vail Town Code), to 81 proposed for both residential and office uses; The applicant has provided responses to conditional use review criteria for employee housing units, professional business offices and public utility (cellular communication antennae) uses. In addition, the applicant has provided written responses and justification to variations requested from setback and parking standards, as well as a written response to variance criteria applicable to a requested variance from Section 12-21-10, Development Restricted. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). A copy of the document entitled Tear Down and Re-build of Solar Vail Emplovee Housing dated January 28, 2008 (Attachment B), and a reduced set of plans dated March 3, 2008, is attached for reference (Attachment C). 3 III. BACKGROUND The subject property was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. The Solar Vail buildings were initially developed as an employee housing project in 1976 and has served (exclusively) as the off-site employee housing for the Sonnenalp Hotel. These buildings were subsequently approved for use as a telecommunications (cell) antenna "farm" site; housing multiple antennae for various co-users or providers. Today, this telecommunications site provides a critical communications link for residents, guests and travelers within the Vail area. On August 27, 2007, the Town of Vail Planning and Environmental Commission held a work session to discuss plans for a similarly designed building. At that time, the applicant was proposing sixty-three (63) employee housing units (EHUs) and 4,700 square feet of professional office space. Two levels of parking were proposed, with a total of 71 parking spaces proposed. The Commission was generally supportive of the propose plans and provided the following feedback to the applicant: The applicant should study building mass and, specifically, provide for more of a "break" in the ridge line of the roof structure; The applicant should study loading, delivery and trash storage and removal; and The requested variation to parking standards is generally supportable in order to facilitate private development of employee housing within the Town, and in specific response to avoiding development on slopes in excess of 40%. On October 2, 2007, the Vail Town Council granted "Permission to Proceed" through the development review process, and specifically to allow the applicant to develop plans for access to the Solar Vail site that included driveway, retaining wall and grading improvements on Town owned land (Tract A) adjacent to Lot 8B, Vail Potato Patch. The applicant showed a design at that time that included substantial disturbance on Tract A, beyond that which exists today for the current driveway into the Solar Vail property. Since that meeting, the applicant has revised the plans to use the existing road/curb cut for Solar Vail and thus, substantially reduce the amount of disturbance proposed on Tract A while providing improved access grades and angles off of North Frontage Road. On December 4, 2007, the Vail Town Council voted unanimously to approve two separate ordinances, Ordinance No. 34, Series of 2007 and Ordinance No. 35, Series of 2007, on second reading. Ordinance No. 34 approved an amendment to the Official Zoning map for the Town of Vail, effectively re-zoning the subject property from the High Density Multi-Family (HDMF) District to the Housing (H) District. Ordinance No. 35, approved a text amendment for the Housing District to specifically allow for "Professional Offices and Business Offices" as conditional uses within the Housing District. 4 Both the re-zoning of the property and the subsequent text amendment were requested to better facilitate the re-development of the site and, specifically, to allow a higher degree of flexibility in the design and layout of the site to accommodate a significant number of employee housing units and to allow for the review of certain proposed conditional uses. Since proceeding through the re-zoning and text amendment process, the applicant has revised the plans for the development, introducing slightly revised building orientation, and roof forms (broken ridge and revised dormer designs). In addition, the plans now show a slightly taller building with increased density, as well as, a revised subterranean parking design. The building (Office Level) has been raised approximately 2 feet, and the roof pitch has increased from 8' in 12' to 9' in 12'. These two changes have resulted in the building height being raised 2.7 feet. The access plan has been changed to minimize any new road cuts and the driveway configuration has been revised significantly to improve access (grade and entry angle), provide a hammer head for turn around while minimizing disturbance on Town owned Tract A. On February 25, 2008, the Planning and Environmental Commission held a work session with the applicant. The Commission discussed the building bulk, mass, scale and height, as well as proposed parking and setback variations requested by the applicant. There was general support for the proposed project and concerns expressed regarding the need for further separation between the Solar Vail property and the adjacent school site. Also, one Commissioner suggested that the applicant work to revise the plans to ensure that the building has a more formal "entry", while another expressed support for the idea of working with the School District to ensure that a fence and landscaping could be provided between the Lot 8B (Solar Vail) and Lot 8A, Red Sandstone Elementary School site to address the School District's concerns regarding Solar Vail residents crossing the school property en-route to the pedestrian bridge and bus stop. Since that meeting, the applicant has revised the plans to address several issues discussed at the February 25, 2008 meeting. In addition, the applicant has revised the plans to provide four (4) more parking spaces within the structure. At the regular Planning and Environmental Commission meeting of March 10, 2008, the applicant requested a tabling in order to address Staff concerns regarding development of a small portion of the proposed building within areas of 40% slope. In accordance with Section 12-21-14, Right of Appeal, Vail Town Code, the applicant has submitted a variance application to allow for development within previously disturbed areas of Lot 8B that are in excess of 40% slope. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning and Environmental Commission .in reviewing various applications submitted on behalf of Sonnenalp Properties, Inc. A. Development Plan Review in the Housing IH) zone district The Planning and Environmental Commission is responsible for final approval/denial of a Development Plan. The Planning and Environmental 5 Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping. " B. Conditional Use Permit (CUPI The Planning and Environmental Commission is responsible for final approval/denial of any conditional use permit. The Planning and Environmental Commission shall review the request for compliance with the adopted conditional use permit criteria and make findings of fact with regard to the project's compliance. Generally, the Planning and Environmental Commission is responsible to ensure that any uses permitted are located properly, to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. V. APPLICABLE DOCUMENTS Staff has provided portions of the Vail Town Code and several master plans which are relevant to the proposed topics for this final plan review. Title 12: Zonino ReQUlations Chapter 6: Housing (H) Zone District (in part) 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 design to meet the needs of residents of Vail, fo harmonious with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate fo the allowed types of uses. 12-61-2: PERMITTED USES: The following uses shall be permitted in the H District: Bicycle and pedestrian paths. Deed restricted employee housing units, as further described in chapter 13 of this title. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following uses shall be permitted in H district, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: 6 "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: Banks and financial institutions. 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. Business offices and professional offices as further regulated by Section 72-76-7 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 8. 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 fhe 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. Type VI employee housing units, as further regulated by chapter 73 of this title." 12-61-5: SETBACKS: The setbacks in this district shall be twenty feet (20) from the perimeter of fhe zone district. At the discretion of the planning and environmental commission, variations to the setback standards maybe approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. 8. 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. 7 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. 12-6/-6: SITE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site area. At fhe 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: LANDSCAPE 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 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 maybe approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than Chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuffle service, or staggered work shifts. 12-61-9: LOCATION OF BUSINESS ACTIVITIES: A. Limitation; Exception: All conditional uses by section 12-6/-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. 8. 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. 12-61-1 D: OTHER DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the H district, development standards in each of fhe following categories shall be as proposed by the applicant, as prescribed by the planning and environmental commission, and as adopted on the approved development plan 1. Lot area and site dimensions. 2. Building height. 3. Density control (including gross residential floor area). 12-61-11: DEVELOPMENT PLAN REQUIRED: A. Compatibility with Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the housing district will meet the intent of the zone district, an approved development plan shall be required. B. Plan Process and Procedures: The proposed development plan shall be in accordance with section 12-61-12 of this article and shall be submifted by the developer to the administrator who shall refer it to the planning and environmental commission, which shall 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-OA-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. 12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria: A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. 9 D. A pedestrian and vehicular circulation system 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. Chapter 10: Off Street Parking and Loading 12-10-20: SPECIAL REVIEW PROVISIONS: Notwithstanding the provisions of section 12-10-10 of this chapter, the planning and environmental commission may approve a reduction to the number of required spaces specified in section 12-10-10 of this chapter, provided a report documenting the presence of unique parking characteristics is provided by a qualified consultant and the following findings are made by the planning and environmental commission: A. The parking demand will be less than the requirements identified in section 12-10-10 of this chapter; and 8. The probable long term use of the building or structure, based on its design, will not generate additional parking demand; and C. The use or activity is part of a demonstrated permanent program (including, buf not limited to, "rideshare" programs, shuttle service, or staggered work shifts) intended to reduce parking demand that has been incorporated into the project's final approved development plan; and D. Proximity or availability of alternative modes of transportation (including, but not limited to, public transit or shuttle services) is significant and integral to the nature of the use or business activity. In reaching a decision, the planning and environmental commission shall consider survey dafa submitted by a qualified transportation planning or engineering consultant. Projects under "special review" are subject to additional scrutiny by the planning and environmental commission after development plan approval if it is deemed necessary to verify continued compliance with the above listed criteria. The maximum allowable reduction in the number of required spaces shall not exceed twenty five percent (25%) of the total number required under section 12-10-10 of this chapter. Chapter 12: Environmental Impact Reports 12-12-2: APPLICABILITY An environmental impact report shall be submitted to the administrator for any project for which such a report is required by federal or state law, or for any project which the administrator determines may significantly change the environment, either during construction or on a continuing basis, in one or more of the following respects: 10 A. Alters an ecological unit or land form, such as a ridgeline, saddle, draw, ravine, hillside, cliff, slope, creek, marsh, watercourse, or other natural landform feature. 8. Directly or indirectly affects a wildlife habitat, feeding, or nesting ground. C. Alters or removes native grasses, trees, shrubs, or other vegetative cover. D. Affects the appearance or character of a significant scenic area or resource, or involves buildings or other structures that are of a size, bulk, or scale that would be in marked contrast to natural or existing urban features. E. Potentially results in avalanche, landslide, siltation, settlement, flood, or other land form change or hazard to health and safety. F. Discharges toxic or thermally abnormal substances, or involves use of herbicides or pesticides, or emits smoke, gas, steam, dust, or other particulate matter. G. Involves any process which results in odor that may be objectionable or damaging. H. Requires any waste treatment, cooling, or settlement pond, or requires transportation of solid or liquid wastes to a treatment or disposal site. 1. Discharges significant volumes of solid or liquid wastes. J. Has the potential to strain the capacity of existing or planned sewage disposal, storm drainage, or other utility systems. K. Involves any process which generates noise that may be offensive or damaging. L. Either displaces significant numbers of people or results in a significant increase in population. M. Preempts a sife with potential recreational or open space value. N. Alters local traffic patterns or causes a significant increase in traffic volume or transit service needs. O. /s a part of a larger project which, at any future stage, may involve any of the impacts listed in this section. 12-12-3: EXEMPT PROJECTS An environmental impact report shall not be required for the following projects: A. Alteration, repair and maintenance of existing structures and site improvements. B. A phase of a project for which an environmental impact report previously was submitted and reviewed covering the entire project, provided that the project was approved and not subsequently altered. C. A project which, on the basis of a preliminary environmental assessment covering each of the factors prescribed in section 12-12-2 of this chapter is found to have an insignificant impact on the environment. The preliminary environmental assessment and the finding on environmental impact shall be made by the administrator. Chapter 16: Conditional Uses (in part): 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 11 so that they may be located properly with respect to the purposes of this title and with respect to (heir 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 maybe 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. 12-16-6: CRITERIA; FINDINGS (in part): 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) 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS (in part): 15. Business Offices and Professional Offices in the Housing (H) District: a. Business and professional offices shall be secondary to the residential use of the District. The net floor area of the office use shall be not greater than 15% of the net floor area of the development site. 12 b. The sale of merchandise shall be prohibited. c. Off-street parking shall be provided in accordance with the provisions of Chapter 12-10 of this title and shall be clearly separate from the area designated for residential parking. d. No overnight parking or storage of commercial vehicles associated with the professional or business office use shall be permitted. e. Signage shall be permitted in accordance with Section 11-6-3-A: Business Signs within Sign District 1 (Title 11: Sign Regulations, Vail Town Code) and shall be subject to design review. f. The number of employees allowed in a business office or professional office within the Housing District shall not exceed one employee for each 200 square feet of net floor area. g. Homeowner Association or property owner approval shall be required of all Conditional Use Permit applications for a Professional Office or a Business Office within the Housing (H) District pursuant to Section 12-11-4: B: D, Application Form, Vail Town Code. Chapter 17: Variances 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of Chapter 11 of this title, governing physical development on a site. 12-17-6: Criteria and Findings: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 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 fo attain the objectives of this title without grant of special privilege. 13 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. 8. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental fo 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 apply generally to other properties in the same zone district. c. The stricf 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. Chapter 21: Hazard Regulations (in part) 12-21-10: DEVELOPMENT RESTRICTED (in part): 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, fwo-family residential, or two-family primary/secondary residential zone districts. The term "structure" as used in this section does not include recreational structures that are intended for seasonal use, not including residential use. 12-21-14: RIGHT OF APPEAL: Nothing in this chapter shall be deemed to deny any interested person his/her rights to appeal the decision of the administrator in accordance with section 12-3- 3 of this title. In addition, nothing in this chapter shall be deemed to deny any interested person his/her rights to seek a variance from the requirements of this chapter. Variances shall be governed by the provisions of Chapter 17 of this title. 14 Vail Land Use Plan (in part): CHAPTER ll -LAND USE PLAN GOALS/POLICIES 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 a.nd 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. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. Skier (Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 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. 15 VI. 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. ZONING ANALYSIS Address/Legal Description: 501 North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, Block 2 Parcel Size: 1.0 acre (43,560 sq. ft.) Buildable Lot Area: .511 acres (22,259 sq. ft.) Existing Zoning: Housing (H) District Land Use Designation: Medium Density Residential Hazards: 40% Slope; Medium Severity Rockfall Development Standard Allowed/Reauired Existina" Proposed Setbacks All Sides: 20', or Per Development Plan Front(South): 44' 36' Side: East 37' 31' West 25' 4'** Rear (North): 115' 80' Building Height: Per Development 36' 84' Plan Density: EHUs Per Development 24 EHUs 82 EHUs Plan DUs 30% total GRFA, or 0 0 Per Development Plan Site Coverage: 23,958 sq. ft. or 6,100 sq. ft. 13,000 sq. ft. 55%; or Per or 14% or 30% Development Plan Landscape Area: 13,068 sq. ft. 37,460 sq. ft. 30,560 sq. ft. or 30% or 85% or 70% Parking: Spaces/Unit 106 spaces; or Per 27 spaces 81 spaces*** Development Plan Compact 25% allowed; or Unknown 24% or 20 spaces 18 spaces Loading 2 berths; or Per 1 berth 2 berths Development Plan Note: Surface parking improvements on the south side of the property currently encroach into the front 20 foot setback; the applicant is requesting a "variation" from standards prescribed by Section 12-61-8, Parking 16 and Loading Standards, Vail Town Code, to construct portions of two surface parking standards within the front and side setbacks. "' Subterranean parking improvements proposed on the west side of the site will encroach into the 20 foot side setback; the PEC may, at its discretion, approve variations to the required setbacks. "" The applicant proposes 81 spaces representing 76% of the required parking for the site (a reduction of 24%), based on multifamily parking requirements Chapter 10, Vail Town Code; of the 81 parking spaces proposed, 73 spaces are covered/within the building (90% of total provided); 61 spaces will serve 82 employee housing units and 20 are proposed to serve 4,850 sq. ft. of office uses. Total parking provided for residential uses averages .7 spaces per employee housing unit and .38 spaces per bed. VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: Open Lands Natural Area Preservation District South: CDOT R.O.W. N/A East: Open Lands Natural Area Preservation District West: Public School General Use District VIII. REVIEW CRITERIA 1) Development Standards and Criteria Pursuant to Section 12-61-13, Development Standards and Criteria for Evaluation, Vail Town Code, the following development standards and review criteria shall be considered in any evaluation of the project: 12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria: A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. Staff Response: Staff believes, overall, the building and site have been designed to be compatible with the site, adjacent properties and the surrounding neighborhood, given a relatively small parcel with significant constraints such as easements and areas over 40% slope. Architecture The architecture presented is compatible with the site, adjacent properties and the surrounding neighborhood. Specifically, Staff believes the proposed design and use of materials, detailing and fenestration, is presented in a consistent and logical manner around the structure. The design reinforces the architectural design and detailing apparent within the Town, specifically within the Vail Village and Lionshead areas. Roof composition, overhangs, eave lines and heights, as well as, dormer design generally enhance the building massing. Proposed concrete "foundation" details on the first two stories are presented to compliment materials and detailing apparent on Red Sandstone Elementary School. Fenestration is generally responsive to the unit layout, yet responds to orientation of the building (passive solar gain). 17 The applicant proposes a concrete form construction technique proposed for the core and shell of the building. The proposed pre-formed panelized system comes textured and colored to emulate stucco and wood. Staff believes that using such materials will produce along-lasting, relatively maintenance free structure - a benefit to the Owner and residents. Regardless of the materials and construction technique to be used, the applicant generally proposes to use "heavier" materials (concrete and stucco) on the lower portions of the building, with "lighter" materials or textures to represent both horizontally and vertically oriented wood on upper portions of the building and on minor building elements such as dormers. Staff believes the applicant study introducing "lighter" materials and/or textures on the proposed dormer elements. Pursuant to Section 14-10-5, Building Materials and Design, Vail Town Code, concrete is a permitted exterior material, provided however that the surface "shall be treated with texture and color." Staff reminds the applicant that a materials board inclusive of all proposed exterior materials, colors and textures, will be subject to design review. Character Staff believes the plans proposed will enhance the overall character of the surrounding neighborhood. Specifically, the character of the development is consistent with other new construction being completed within the Town. The architecture is compatible with the site and surrounding properties and will also reinforce the design and detailing apparent within the Town. Scale and Massing Staff believes that the applicant has designed the proposed building to meet several objectives and goals of Town and of the Owner. The applicant has done so while working with a significantly constrained site and while attempting to respect adjacent properties and structures. Staff believes that the resulting scale of the building, although somewhat imposing on the site, will generally be compatible with the site - a previously disturbed lot surrounded by steep hillside and rather sparse vegetation, a school site and a main arterial roadway. The scale and massing will surpass any other structures in the surrounding neighborhood (the school). Therefore, the applicant and Commission should discuss the larger issues related to the capacity of this site to absorb the proposed density (EHUs), in relation to the Town's goals to provide sites and to provide incentives to support private, affordable employee housing development by private efforts. Specifically, Staff is still concerned that the proposed height of the building on this site, in conjunction with parking variations being requested could be construed as attempting to "fit" too much residential and office space program on a constrained site. Orientation Staff believes that the applicant has designed the proposed building to meet several objectives and goals of the Town and of the Owner. The applicant has done so while working with a significantly constrained site and while attempting to respect adjacent properties and structures. The building is generally sited in response to several existing site constraints, including 18 several utility easements, slopes in excess of 40% covering much (approximately 50%) of the site, CDOT Right-of-way and setbacks. The plans show approximately 839 square feet of the proposed west wing of the building encroaching into slopes in excess of 40%. The main portion of building mass is oriented along the contours of the site, on an east/west axis. Although this alignment may contribute to the perceived scale and height of the building, Staff believes this orientation also allows for the design to optimize views and solar gain for both passive and active (solar panels) solar energy usage. Staff also believes that the design and orientation of the building are specifically proposed to minimize the amount of disturbance on the site; specifically, although the applicant proposes minor building encroachments into the 40% slope behind the building, most disturbance is concentrated on the most buildable portions of the lot. Building siting and orientation also respond to the existing vehicular access point (to be maintained) along North Frontage Road. Specifically, the applicant's desire to maintain and improve this access point, and the resulting requirements to improve the access angles and driveway gradients to the Town's and CDOT's current standards contribute to the current building location and orientation. 8. 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. Staff Response: Staff believes that, overall, the building and associated improvements, uses and activities are designed to produce a functional development plan that is generally responsive to a small development site with limited buildable area and other constraints. Site Access and Traffic Impacts The applicant proposes site access from the existing road/curb cut along North Frontage Road. While maintaining this access point, the proposed driveway will be re-aligned, causing additional disturbance (grading, excavation, retainage, paving and planting) on the adjacent Town owned property (Tract A), which is zoned Natural Area Preservation (NAP). The applicant has obtained "permission to proceed" through the development review process from the Vail Town Council (i.e. the "property Owner") to allow for improvement on Tract A. In the future, prior to or concurrent with building permit application, the applicant will be required to obtain an access easement from the Town for any re-aligned driveway access across Tract A. In addition, the applicant must commence all necessary planning and permitting necessary through CDOT and any public utility for any improvements within rights-of-way and platted utility easements. Specifically, an access permit from CDOT will be required for any additional road cut along North Frontage Road. 19 The applicant has submitted a Traffic Impact Report, prepared by Peak Land Consultants, and dated February 25, 2008. The purpose of this report is to "determine if the redevelopment of Solar Vail will require auxiliary lanes according to State of Colorado State Highway Access Code." The report generally concludes that the use of the site -including limited office uses, housing for mostly seasonal workers and limited on-site parking -will produce a "low volume" of additional traffic, thus not triggering the construction of additional right or left turn auxiliary lanes. The Town of Vail Public Works Department has reviewed the report by Peak Land Consulting and has used the report to calculate the Traffic Impact Fee to be assessed to the project. Public Works comments are attached for reference (Attachment I). Of note in the Public Works' analysis of traffic impacts and their resultant calculation of fees is the reduction (30% credit) in fees assessed due to the proximity of the project (1,900 feet) to the nearest transit stop. Building Improvements and Activities Staff believes the proposed building design and activities -including limited Professional Office uses for Sonnenalp Properties and an architectural firm, as well as, a substantial amount of employee housing for seasonal employees of Sonnenalp Properties -have been designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. Specifically, the building has been sited and oriented to take advantage of site contours, solar gain, existing disturbance on the site and existing access points. Further, the building design features efficient layout for a substantial number of employee housing units, including studios, 1-bedroom, 3-bedroom and 4-bedroom units. The plan includes limited outdoor areas (courtyard) to be used by residents, however much of the space within the building is proposed for individual living space, not common areas. The building and proposed employee housing uses are located within walking distance to employment centers, mass transit stops, parks and open space, bike paths and pedestrian ways. While it is unlikely that any residents of the building will have school aged children, the building is adjacent to a public school. Staff believes the applicant has responded well to concerns expressed by the School District regarding the probability of Solar Vail residents accessing the school site en-route to pedestrian ways and a mass transit stop. Plans received by the Community Department on March 3, 2008, show a fence and substantial landscape plantings located along the common property line between the Solar Vail site and the Red Sandstone Middle School property (Town owned land). In addition, the applicant has revised plans for a stairway leading from the Solar Vail building, directly to an existing sidewalk located along the north side of North Frontage Road to encourage usage by residents. Staff believes that these design solutions presented effectively address concerns expressed by the School District and the Commission. The Town of Vail Design Review Board will review the fence and landscaping for appropriateness and compliance with Town design standards. 20 Snow Storage The applicant has revised the plans since being reviewed by the Town of Vail Public Works Department to specifically address site plan issues concerning snow storage; more snow storage is now shown at various locations around and along the proposed access driveway. However, snow storage does not meet minimum standards for the site. Section 14-3-2; D, Snow Storage, Vail Town Code, states the following: "Snow Storage: All required parking and access areas shall be designed to accommodate on site snow storage (i. e., within the boundaries of lot and not within the right of way). Turf areas and other areas without trees may be ~ utilized for this purpose. " Further, that: "Unheafed Drives: A minimum functional area equaling thirty percent (30%) of the paved area shall be provided contiguous to the paved area and designed to accommodate snow storage." The plans currently indicate that approximately 10-13% of the required snow storage area is being provided. Although the site is constrained and there are limited opportunities to provide adequate snow storage within the existing landscape plan, Staff recommends the applicant be required to meet minimum standards for snow storage on the site. Staff understands the applicant's contentions that, as an employee (affordable) housing development, heating the entire driveway and surface parking areas may be cost prohibitive. However, Staff believes there may be opportunities - working with final building plans for mechanical (boiler) locations and landscaping to incorporate small but functional "snow dump" vaults, placed within landscaped areas or adjacent to driveway or surface parking areas that could effectively serve as centralized snow melt basins. In addition, Staff believes geothermal heating of driveway and surface parking areas is a viable alternative for sustainable snow melt with long-term benefits to the building owner. This issue must be resolved by the applicant prior to any application for design review for Solar Vail. 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. Staff Response: Functionality and Aesthetics The applicant has submitted revised site, drainage and landscape plans generally demonstrating that open space and landscaping are functional and aesthetic. As plans are further developed, they should be coordinated to ensure that all site disturbance is mitigated, all site drainage does not cause adverse impacts on neighboring properties and that proposed re-vegetation 21 (new plantings) is proposed in areas that will have the highest benefit for the residents of the proposed development, as well as for the neighboring property owners and general public. Specifically, plans should be developed to ensure coordination between existing and proposed site grading, retainage and drainage. Preservation and Enhancement of the Site The proposed building, driveway and retainage improvements are proposed almost entirely within areas of the site that have previously been disturbed and/or developed. Staff believes the proposed plans demonstrate that site disturbance will be minimized and properly mitigated, thus preserving the natural qualities of the site. Further, Staff believes the revised landscape plan -including substantial deciduous and evergreen tree and shrub species, ground covers and native grass and wildflower seed mixes -will greatly enhance the site while blending the building to the surrounding area. Staff encourages the applicant to study landscape (planting) and re-vegetation plans to address or enhance those areas of the site that have been previously disturbed by development. Staff reminds the applicant that as plans are further developed, a site re-vegetation and erosion control plan will be required showing details of all areas to receive native re-seeding, as well as specifying rates of application, and temporary irrigation to be used. In addition, final landscaping and re-vegetation plans should show locations where "transplanted" Sage and Rabbitbrush will be planted along or near limits of disturbance, to ensure that limits of disturbance are blended back into the natural areas of the site. Open Space Access and Use Staff believes despite limited opportunities for access and use by the residents of any usable "open space", the proposed landscaping is both functional and aesthetic, is designed to presence and enhance the natural features of the site, allow opportunities for access and use by the residents, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. Staff believes the applicant should continue to develop the landscape plan to incorporate more plantings on the south and east sides of the subject property, and perhaps on the neighboring properties (with express approval from the Town of Vail, the "Property Owner") to provide additional buffering and blending of the structure with the surrounding area and specifically to mitigate apparent building bulk and mass as viewed from I-70 and the North Frontage Road. Buffering Staff believes the revised landscape plan provides better blending or buffering of the building to the site. The applicant has added plantings, both on the east and west sides of the development, to aid in blending the new building and disturbed areas to the surrounding areas and specifically to provide separation (in conjunction with a fence) along the west property line between Solar Vail and Red Sandstone Elementary School. D. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the life and throughout the development. 22 Staff Response: The applicant proposes pedestrian and vehicular circulation systems which address internal and external circulation needs. The plans show an improved access drive, staging areas for Fire Department use, a hammer head designed to allow proper maneuvering and exiting, and short term surface parking spaces for office uses. The plan includes two levels of structured parking for residents and office uses. The plans also include new concrete pathways and stairs which provide access to and from the existing sidewalk along North Frontage Road. Staff believes this configuration also provides for better separation of employee housing uses on the site from the adjacent school property, by routing residents of the Solar Vail building directly to the sidewalk rather than encouraging continued travel through the school site. 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. Staff Response: Environmental Impact Report Based on the provisions of Sections 12-12-2, Applicability, and Section 12- 12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the requirement for an Environmental Impact Report on this already developed site. Hazard Areas The subject property is located within areas identified as "Medium Severity Rockfall" on the Town of Vail Official Rockfall Hazard Map. As such, the applicant will be required to submit a site specific geologic investigation prior to or concurrent with any application for a building or grading permit on the site. F. Compliance with the Vail comprehensive plan and other applicable plans. Staff Response: Staff believes that the proposed plans are in general compliance with the Vail Comprehensive Plan and other applicable plans. Specifically, Staff believes the following goals from the Vail Land Use Plan are applicable to and support the review of this proposed development plan: 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. 23 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 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. 2) Conditional Use Applications and Review Criteria The applicant proposes three separate conditional uses within the project, for Professional Office Uses. Type Vl Employee Housing and Public Utilities Installations including Transmission Lines and Appurtenant Equipment. All three conditional uses shall be reviewed separately according to Sections 12- 16-6, Criteria and Findings. Each conditional use is being proposed as "secondary and incidental to the use of employee housing.". Pursuant to Section 12-61-3, Conditional Uses: "The following uses shall be permitted in H district, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing..." 24 Staff believes that proposed Type VI Employee Housing is a primary use, despite being classified as a conditional use. Proposed Professional Office Use, and Public Utilities Installations including Transmission Lines and Appurtenant Equipment uses are secondary and incidental to the use of employee housing. Professional Office Uses: Staff believes Professional Office use for Sonnenalp Properties administrative services represents a use that is "secondary and incidental to the use of employee housing -specifically serving the needs of the residents, who will most likely be employees of Sonnenalp Properties. These uses are proposed to occupy approximately 50% of the total square footage of office space within the building. However, Staff questions the use of office space for an architectural office as a use "specifically serving the needs of the residents of the development..." Staff recommends that, in addition to the applicant linking 3.1 beds within the development to the total office square footage, the employee housing plan is revised to specifically ensure that employees of the architectural office are provided opportunities to live on-site (live/work) to justify these office uses as "secondary and incidental" and "specifically serving the needs of the residents of the development." If this provision is made within the employee housing plan approved by the Commission, Staff believes that the intent - to ensure that conditional uses are secondary and supportive of employee housing uses -will be met. 12-16-6: CRITERIA; FINDINGS (in part): Relationship and impact of the use on development objectives of the town. Staff response: Staff believes the proposed development generally meets several development objectives of the Town. Specifically, the applicant proposes to replace aging employee housing currently of limited benefit to the applicant and to the Town, and to replace that housing with 82 new, deed restricted employee housing units of varying sizes, as well as, new office space within the Town,. and within close proximity (walking distance) to the Village. The development, specifically the proposed Professional Office uses, is located in close proximity to public transit routes, vehicular and pedestrian transportation routes. Staff believes the following goals from the Vail Land Use Plan are applicable to and support the review of this proposed conditional use: 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. 25 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas) 2. Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 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. Staff response: Staff believes the proposed conditional use will have little or no adverse impacts on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Specifically, Staff believes that the provision of additional, new office space within the Town and in close proximity to housing, the Vail Village and Lionshead, vehicular and pedestrian transit routes, a public school, public park and recreation facilities, and public transit will generally have beneficial impacts on the community. 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. Staff response: Staff believes the proposed conditional use will have little or no adverse impacts upon traffic (congestion) in the area. Specifically, the provision of increased employee housing density on this existing residential site, in combination with limited office usage and limited parking available on site, will reduce the amount of cars entering and exiting the development and generally encourage use by residents of public transportation. In addition, the design of the driveway improvements, inclusive of a hammer head will enhance the ability of vehicles, including emergency vehicles, to maneuver on the site. The plans generally demonstrate that the development will function (internally) and not adversely impact automotive and pedestrian circulation, safety and convenience off-site. As well, parking provided on site -for residents, business operations and guests -will provide a safe and efficient relationship with traffic on North Frontage Road. The provision of a hammerhead is critical to the functionality of the internal circulation plan for 26 the site. The applicant has provided engineered plans showing the turning motions (turning radii) of a typical emergency services vehicle (fire truck), demonstrating that vehicles will be able to exit the site in a forward gear on to an arterial roadway and bus route. As plans for the site are further developed and, prior to or concurrent with any application for Design Review, the applicant should develop a strategy (signage and grounds management plan) to ensure that the hammerhead is maintained in the winter months free from snow storage and accumulation - to ensure use by all vehicles, and especially emergency services vehicles. The applicant has submitted a Traffic Impact Report, dated February 25, 2008. The purpose of this report is to "determine if the redevelopment of Solar Vail will require auxiliary lanes according to State of Colorado State Highway Access Code." The Town of Vail Public Works Department has reviewed the report by Peak Land Consulting and has used the report to calculate the Traffic Impact Fee to be assessed to the project. The report generally concludes that the use of the site -including limited office uses, housing for mostly seasonal workers and limited on-site parking -will produce a "low volume" of additional traffic, thus not triggering the construction of additional right or left turn auxiliary lanes. 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. Staff response: Staff believes that the proposed development will generally have a positive effect, overall, on the character of the surrounding area. Although the bulk and scale of the proposed building well surpasses the existing Solar Vail structure on the site, Staff believes that the applicant has designed the building to generally work with the site while accommodating a significant amount of building (space) program. This has been accomplished working with a relatively small site with significant constraints, such as easements covering approximately 15% of the site, as well as, slopes in excess of 40% covering another 50% of the site. The bulk, scale and massing of the building generally aligns with the contours of the site. Benching the building into the site would require a variance to develop on slopes greater than 40%. Benching or stepping the foundation, building and roof forms into the hillside would also impact the financial viability of this privately financed project to provide employee housing within the Town. The applicant proposes a type of construction (concrete form) that is cost effective and sustainable, but that may not allow for maximum flexibility in design options. However, Staff is concerned about the introduction of an eight story mass on this highly prominent site. Again, for the above stated reasons, Staff understands the applicant's approach to the design of the proposed building. However, Staff believes the applicant and Commission should discuss the larger issues related to effective and efficient development of the site, with specific attention paid to any alternative massing of building and roof forms to better "step" the building up the site. 27 5. Such other factors and criteria as the commission deems applicable to the proposed use. Staff Response: Staff does not recommend any other factors or criteria are applicable at this time. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title. Staff Response: Based on the provisions of Sections 12-12-2, Applicability, and Section 12- 12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the requirement for an Environmental Impact Report on this already developed site. Type VI Employee Housing: The Housing District is intended to "provide adequate sites for employee housing..." Type VI Employee Housing units are allowed only as a conditional use. In addition, the applicant requests review of conditional use permits for: Public Utilities Installations including Transmission Lines and Appurtenant Equipment; and Professional Offices. Although the Housing District is intended to "provide adequate sites for employee housing", Type VI Employee Housing units are allowed only as a conditional use. In addition, the applicant requests review of conditional use permits for: Public Utilities Installations including Transmission Lines and Appurtenant Equipment; and Professional Offices. Employee Housing Plan In accordance with the provisions of the Housing District, the applicant has submitted a conditional use permit for Type VI employee housing units. Pursuant to Section 12-13-3, the applicant has provided an Employee Housing management plan for review by the Commission (Attachment E). Section 12-13-3, sub-paragraph E, Vail Town Code, states the following: "E. Written Management Plan For Type VI EHUs: For the purposes of this title, a type VI EHU is an EHU which shall be governed by a written management plan or other written program approved by the planning and environmental commission. The management plan is the principal document in guiding fhe use of a type VI EHU. The management plan shall be reviewed and approved by the planning and environmental commission as part of the conditional use permit application for a type VI EHU in accordance with chapter 16 of this title. 1. Management Plan Contents: a. Parameters: The management plan shall include all relevant material and information necessary to establish the parameters of the type VI EHUs. 28 b. Exclusive Use: The management plan shall demonstrate that the type VI EHUs are exclusively used for and remain available for employee housing. c. Notice Of Record: The management plan shall provide a mechanism to provide adequate notice of record to prospective owners to ensure that the requirements of the plan shall be met with any future changes in ownership. d. Occupancy: The management plan shall include adequate provisions to ensure that the EHUs shall be occupied, and shall not remain vacant for a period to exceed three (3) consecutive months. e. Affidavit: No later than February 1 of each year, the owner of a type VI EHU shall submit to the department of community development one copy of a sworn affidavit on a form from the department of community development, to establish that the EHU has been used in compliance with the management plan. f. Other Items: The management plan shall include such other items as the planning and environmental commission or the administrator deems necessary. " Staff believes the plan addresses each of the above parameters or criteria. Specifically, the plan outlines the number and type of employee housing units to be provided within the development and specifies that such units will be for rental purposes only. The plan specifies that rentals will be controlled by the applicant's property management company, to be housed on-site within the proposed professional office space. The plan calls for priority to be given employees working in the Town of Vail and for rents to remain "attainable". The plan calls for all units to be deed restricted per the Town of Vail requirements. Deed restrictions, to be recorded prior to the developer requesting a Certificate of Occupancy for the building, will be "by unit". The plan specifically addresses deed restricted units existing today within the existing Solar Vail building. These units total approximately 5,730 square feet. These units will be replaced in the new development and will be deed restricted under a "blanket" type deed restriction, per the recommendation of the Town of Vail Housing Coordinator. The plan proposes to link office space (4,850 square feet proposed) to employee housing units through deed restriction assignment. Specifically, the proposed office space will generate a mitigation rate of 3.1 employees. Therefore, the applicant proposes to dedicate or assign 3.1 beds to the building owner. Staff views this provision (of providing the minimum on-site mitigation) as limiting the potential for a true "live/work" situation within this project. Simply, Staff encourages the applicant to consider the number of employees that will be employed at the architectural offices planned for the site, as well as the administrative employees that will use the Sonnenalp properties spaces and to ensure that those employees are afforded an opportunity to live and work on the site. Staff recommends the employee housing plan be revised to ensure that employees of the architectural office are provided opportunities to live on-site and that the plan specifies which units will be deed restricted to mitigate office uses. In addition, the plan should be revised to specify how the 3.1 beds will be tied to dedicated parking spaces within the building. The plan specifies that the type VI EHUs 29 will exclusively be used for and remain available for employee housing. The plan should be revised to provide more details regarding provisions to ensure proper and optimal occupancy. Staff recommends the plan be revised to ensure that deed restrict unit(s) assigned to office uses (mitigation) also be linked to dedicated parking spaces within the building and that the applicant continue to study the housing plan and the proposed ownership and deed restriction structure to ensure that a true "live/work" opportunity is afforded to employees of any professional offices working within the building. In addition, any deed restrictions recorded will be required to meet Town of Vail regulations in place at the time of recording, including but not limited to, any future requirement to classify the restrictions as Type "CL" (Commercial Linkage) or "IZ" (Inclusionary Zoning) according to text amendments currently proposed by Community Development Staff. 12-16-6: CRITERIA; FINDINGS (in part): Relationship and impact of the use on development objectives of the town. Staff response: Staff believes the proposed conditional use generally meets several development objectives of the Town. Specifically, the applicant proposes to replace aging employee housing currently of limited benefit to the applicant and to the Town, and to replace that housing with 82 new, deed restricted employee housing units of varying sizes within the Town, and within close proximity (walking distance) to the Vail Village and Lionshead areas. The development, specifically the provision of a significant amount of employee housing, is located in close proximity to public transportation routes, vehicular and pedestrian transportation routes. Staff believes the following goals from the Vail Land Use Plan are applicable to and support the review of this proposed conditional use: 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. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas) 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. 30 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. 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. Staff Response: Staff believes the proposed conditional use will have little or no adverse impacts on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Specifically, Staff believes the provision of increased employee housing density in close proximity to the Village and employment centers, public transit, vehicular and pedestrian transportation routes, a public school, public park and recreation facilities will generally have beneficial impacts on the community. However, the School District has expressed their concern regarding the increased number of employee housing units being proposed next to Red Sandstone Elementary School. Specifically, the District has stated that the continued use of the property for employee housing, and the potential continued use of pedestrian pathways from the Solar Vail site, across the School parking lot and playground to the adjacent land bridge may result in an increase in conflicts between residents of Solar Vail, and school uses. At the February 25, 2008, Planning and Environmental Commission work session to discuss the proposal, the School District suggested that the existing path from Solar Vail to the school parking lot/driveway be eliminated and that a fence be erected between the two properties to ensure that residents of Solar Vail do not continue to use the school property as a "short cut" to the transit stop and the land bridge. The applicant has responded to these concerns by revising the plans to incorporate a fence and additional landscaping between the two properties. The applicant has also revised the design of a new walkway and stairs leading from Solar Vail to the sidewalk directly to the south of the proposed Solar Vail building, These issues should be evaluated by the Commission and the applicant should be prepared to discuss new information (revised plans showing a fence and landscaping) provided. Overall, Staff believes the development will not adversely impact Town services, facilities and facilities needs. The applicant has provided a traffic impact report demonstrating that the development will have minimal adverse 31 impact on public facilities, or require significant additional public facilities (transportation improvements) to service the development in the future. As plans are developed further, and prior to or concurrent with any application for Design Review, staff suggest that a lighting plan be developed which meets the Town's lighting standards and which strives minimize the impact of exterior lighting for this building via the use of full cut-off and recessed fixtures. 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. Staff Response: Staff believes the proposed conditional use will have no adverse impacts upon traffic (congestion) in the area. Specifically, the provision of increased employee housing density on this existing residential site, in combination with limited office usage and limited parking available on site, will reduce the amount of cars entering and exiting the development and generally encourage use by residents of public transportation. In addition, the design of the driveway improvements, inclusive of a hammer head will enhance the ability of vehicles, including emergency vehicles, to maneuver on the site. The plans generally demonstrate that the development will function (internally) and not adversely impact automotive and pedestrian circulation, safety and convenience off-site. As well, parking provided on site -for residents, business operations and guests -will provide a safe and efficient relationship with traffic on North Frontage Road. The provision of a hammerhead is critical to the functionality of the internal circulation plan for the site. The applicant has provided engineered plans showing the turning motions (turning radii) of a typical emergency services vehicle (fire truck), demonstrating that vehicles will be able to exit the site in a forward gear on to an arterial roadway and bus route. As plans for the site are further developed and, prior to or concurrent with any application for Design Review, the applicant should develop a strategy (signage and grounds management plan) to ensure that the hammerhead is maintained in the winter months free from snow storage and accumulation - to ensure use by all vehicles, and especially emergency services vehicles. The applicant has submitted a Traffic Impact Report, dated February 25, 2008. The purpose of this report is to "determine if the redevelopment of Solar Vail will require auxiliary lanes according to State of Colorado State Highway Access Code." The Town of Vail Public Works Department has reviewed the report by Peak Land Consulting and has used the report to calculate the Traffic Impact Fee to be assessed to the project. The report generally concludes that the use of the site -including limited office uses, housing for mostly seasonal workers and limited on-site parking -will produce a "low volume" of additional traffic, thus not triggering the construction of additional right or left turn auxiliary lanes. 32 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. Staff Response: Staff believes that the proposed development will generally have a positive effect, overall, on the character of the surrounding area. Specifically, although the bulk and scale of the proposed building well surpasses the existing Solar Vail structure on the site, Staff believes that the applicant has designed the building to fit the site and to accommodate a significant amount of building (space) program. This has been accomplished while working with a relatively small site with fairly significant constraints, such as slopes in excess of 40% covering approximately 50% of the site. The bulk, scale and massing of the building generally aligns with the contours of the site. The applicant has revised the plans to step certain portions of the building (west wing) up the adjacent slopes. However, further benching or stepping the foundation, building and roof forms into the hillside would also impact the financial viability of this privately financed project to provide employee housing within the Town. The applicant proposes a type of construction (concrete form) that is cost effective and sustainable, but that may not allow for maximum flexibility in design options. However, Staff is concerned about the introduction of an eight story mass on this highly prominent site. Again, for the above stated reasons, Staff understands the applicant's approach to the design of the proposed building. However, Staff believes the applicant and Commission should discuss the larger issues related to effective and efficient development of the site, with specific attention paid to any alternative massing of building and roof forms to better "step" the building up the site. Inherent in this discussion should be the Commission's feedback relative to a potential variance for development on slopes in excess of 40%. Critical to this discussion is the need for the Commission to provide clear direction and feedback relative to the overall bulk, mass and absolute height of the proposed building prior to the applicant proceeding forward in the development review process. The applicant should be prepared to provide justification and evidence supporting the proposed design of the structure relative to the surrounding neighborhood. 5. Such other factors and criteria as the commission deems applicable to the proposed use. Staff Response: Staff does not recommend any other factors or criteria are applicable at this time. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title. Staff Response: Based on the provisions of Sections 12-12-2, Applicability, and Section 12- 12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the requirement for an Environmental Impact Report on this already developed site. 33 Public Utilities Installations including Transmission Lines and Appurtenant Equipment 7. Relationship and impact of the use on development objectives of the town. Staff response: Staff believes the proposed conditional use generally presents a positive relationship with, and impact on, the development objectives of the Town. Specifically, the applicant proposes to replace telecommunications antennae approved for installation on the existing Solar Vail buildings with new "vertically polarized" panel antennae. The continued service of telecommunication devices in this location within the Town of Vail is considered an important service to residents and guests, travelers and emergency services providers. Installation of multiple panel antennae on the new Solar Vail building is proposed on the east and west sides of the building; to be mounted on the top floor of the building and on "chimney" elements. The applicant proposes to paint the antennae to match the exterior color of the building materials. 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. Staff Response: Staff believes that the proposed conditional use will have little or no adverse impacts on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Specifically, staff believes that the continued provision of telecommunications devices for cellular phone service will have a positive impact on the distribution of critical utility installations including transmission lines and appurtenant equipment within the Town. 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. Staff Response: Staff believes the proposed conditional use will no negative impacts upon traffic congestion in the area. 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. Staff Response: Staff believes that the proposed conditional use will have minimal adverse effect, overall, on the character of the surrounding area. Specifically, the new 34 antennae proposed generally have a flat profile and can be painted to match the exterior materials of the building without voiding the manufacturers warranty or precluding effective transmission of telecommunications (microwave) signals. 5. Such other factors and criteria as the commission deems applicable to the proposed use. Staff Response: Staff does not recommend any other factors or criteria are applicable at this time. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 72 of this title. Staff Response: Based on the provisions of Sections 12-12-2, Applicability, and Section 12- 12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the requirement for an Environmental Impact Report on this already developed site. 3) Variance Application and Review Criteria The applicant proposes to construct approximately 839 square feet of the west wing of the building within areas that have been previously disturbed and that are in excess of 40% slope on the north side of the building. Based on information available (site plan) from the original 1976 architectural plans for Solar Vail, Staff believes the area behind the existing Solar Vail buildings only exceeds 40% slope due to previous development (grading and excavation) of the parcel and that the applicant's plans minimize additional disturbance and, therefore, maintain or provide the necessary separation between the building and sensitive areas. Chapter 21, Hazard Regulations, Vail Town Code, restricts development within such areas. Section 12-21-10, Development Restricted, Vail Town Code states (in part): "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. " Pursuant to Chapter 17, Variances, Vail Town Code, the applicant will be required to apply for a variance to allow for construction of the structure within these areas. Section 12-17-1, Purpose, states: "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 35 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. " Further, that: "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. 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. " The Commission has, in previous meetings with the applicant, expressed general support for minor encroachments of building/structure to be constructed within areas of previously disturbed, 40% slope to facilitate the development of privately funded employee housing within the Town. In addition, the Commission has consistently held that the configuration of existing sites and buildings are a hardship that may justify the granting of a variance from the Town's current zoning regulations The applicant has been required to apply for a variance and to address all applicable criteria and findings. If a variance from this specific development standard is not granted, the applicant will be required to revise the proposed development plans to specifically remove any and all building improvements from any areas of the lot identified as being in excess of 40% slope. Staff believes that the requested variance to develop a portion of the proposed structure within previously disturbed areas of the site greater than 40% slope are in compliance with the criteria as follows: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff Response: According to Section 12-21-1, Purpose, Hazard Regulations, Vail Town Code, the purpose of the hazard regulations is: "to help protect the inhabitants of the Town from dangers relating to development of flood plains, avalanche paths, steep slopes and geologically sensitive areas; to regulate the use of land areas which may be subject to flooding and avalanche or which may be geologically sensitive; and further to regulate development on steep slopes; to protect the economic and property values of the Town, to protect the aesthetic 36 and recreational values and natural resources of the Town, which are sometimes associated with flood plains, avalanche areas and areas of geological sensitivity and slopes; to minimize damage to public facilities and utilities and minimize the need for relief in cleanup operations; to give notice to the public of certain areas within the Town where flood plains, avalanche areas and areas of geologic sensitivity exist; and to promote the general public health, safety and welfare. " As described in this memo, the applicant is proposing to develop within areas of Lot 8B that are documented as being previously disturbed by development (grading and construction of two structures). The Solar Vail re-development proposal will impact slopes in excess of 40%. However, as stated previously in this memo, Staff believes areas of Lot 8B behind the existing Solar Vail buildings only exceed 40% slope due to previous development (grading and excavation) of the parcel and that the applicant's plans minimize additional disturbance. As well, the plans -including additional site retainage and re- vegetation of slopes behind Solar Vail -could be construed as providing additional mitigation and protection against dangers relating to development of steep slopes. As such, Staff believes that the development proposal complies with the intent of the hazard regulations and that any possible negative impacts of developing on steep slopes will have been successfully mitigated. Mitigation of geologic hazards is an accepted practice as documented in the Town of Vail Hazard Regulations (ie, debris flow, rock fall, snow avalanche). 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. Staff Response: The applicant proposes to disturb approximately 839 square feet of previously disturbed area behind the existing Solar Vail buildings. Staff has reviewed plans and documents (geotechnical reports) on file for the Red Sandstone Middle School Gymnasium, Vail Potato Patch, Block 2, Lot 8A, located to the west and directly adjacent to Solar Vail. Plans for the Gymnasium were approved by the Planning and Environmental Commission on February 23, 2004. Following review of the files and plans, Staff believes that the gymnasium construction, including cuts (excavation) of 25-30 feet, was approved and completed on slopes in excess of 40%. Using survey information contained in permit plan sets for the Middle School and Gymnasium, Staff calculates the original slopes of the Gymnasium site to be approximately 44%. The aforementioned geotechnical report confirms this, by reporting that slopes within the development site for the Gymnasium were "up to 50%". Whether in error or not, Staff believes the construction of the Gymnasium, on the site directly adjacent to the Solar Vail property, was approved on slopes in excess of 40%. Therefore, Staff recommends that the requested variance for the Solar Vail development within areas of 40% slope will not constitute a grant of special privilege. 37 In comparison, Middle Creek employee housing, also within the Housing (H) District, was not permitted to develop in slopes in excess of 40%. However Staff believes that the Solar Vail site is inherently different, or unique, due to previously mentioned site constraints and the fact that large portions of the existing site exceed 40% slopes due to previous development activity. As stated above, the purpose of the hazard regulations is to protect and preserve the integrity of steep slopes and the inhabitants of the Town. Through the development of the site, areas of 40% slope will either be left in their current state, or be mitigated through the design of subterranean parking and building foundation walls, re-vegetation and additional plantings to stabilize existing slopes in excess of 40% slope. Staff believes the applicant is requesting a minimum degree of relief from the strict or literal interpretation and enforcement of the regulation in order to achieve compatibility and uniformity of treatment among sites in the vicinity, and 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. Staff Response: Staff believes the variance request will have little, if any, negative impacts on the criteria described above. The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same 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 apply generally to other properties in the same zone. 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 district. 38 4) Variations from Housing District Development Standards The applicant proposes two variations to the development standards established for the Housing (H) District: setback variations and parking variations. Setback Variations The applicant is proposing variations to setbacks for building improvements and for surface parking space improvements within required setbacks. Pursuant to Section 12-61-8, Parking and Loading, Vail Town Code: "72-61-5: SETBACKS: The setbacks in Phis district shall be twenty feet (20) from the perimeter of the zone district. At the discretion of the planning and environmental commission, variations to the setback standards may be approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B. Proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. " The applicant has provided a written response to each of the above listed criteria entitled Side Setback Variance Reauest for the Housing (H) District (Attachment F). Staff believes that the proposed variations to certain development standards within the Housing District are in compliance with the criteria as follows: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. Staff Response: Staff believes the proposed building setback on the west side of the building will provide the necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. Specifically, there are no riparian areas or other environmentally sensitive areas identified on the site, and the applicant will be required to submit a site specific geologic investigation in conjunction with any building permit application to specifically address areas of "moderate hazard rockfall" identified on Lot 86. B. Proposed building setbacks will provide adequate availability of light, air and open space. Staff Response: Staff believes the proposed building setbacks will provide adequate availability of light, air and open space on the site and for the surrounding 39 areas. Specifically, the proposed building is approximately ten feet closer on the western side of the property, to any buildings on the School District site. Although the proposed building is substantially higher than the existing three story structures, Staff believes that there will be no substantial impact on the distribution of light and air on the adjacent property. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. Staff Response: Approximately 300 square feet of subterranean parking (4 parking spaces on two levels below grade) are proposed to encroach within the side setback. Given the subterranean nature of the proposed encroachment, Staff believes the proposed setback of 4 feet on the west side of the property will provide a compatible relationship with buildings (a school and gymnasium) 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. Staff Response: Due to several site constraints such as multiple (3) utility easements, an existing road/curb cut for access and slopes in excess of 40% covering a large portion of the site, Staff believes the proposed setbacks are the result of creative design solutions. Further, Staff believes by permitting a variation to the side setback, public benefits of a privately funded employee housing project within the Town will be realized, that could not otherwise be achieved by conformance with prescribed setback regulations. Regardless of any variation approvals, Staff recommends the applicant commence with all required planning and permitting with the Eagle River Water and Sanitation District regarding any proposed improvements within platted easements and the status of any live utilities. Parking and Loading Variation Pursuant to Section 12-61-8, Vail Town Code: "Off street parking shall be provided in accordance with Chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in Chapter 70 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than Chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. 40 B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, buf not limifed to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. " The Applicant is proposing to provide 81 parking spaces rather than the total spaces (106) required pursuant to Chapter 10, Off Street Parking and Loading Standards, Vail Town Code. This represents 76% of the required parking, or a 24% reduction in the number of required parking spaces. 61 spaces are provided for 82 employee housing units (74% of the required residential spaces), while 20 spaces will be reserved for office uses (100% of required office spaces). As well, 2 loading and delivery spaces (also to function as part of an approved Fire Department staging area) are provided in front of the building. Proposed parking for residential uses produces an average of .74 spaces per EHU and .38 spaces per "bed". Parking for residential (EHU) uses is proposed in a tandem configuration within two levels of structured parking. Parking for office uses (20 spaces) is provided on the second level of structured parking, and is shown on plans as being separated from residential parking. The applicant proposes to construct portions of two surface parking spaces within the 20 foot front setback and four subterranean parking spaces within the required 20 foot (west) side setback. Given the constrained nature of this development site, Staff recommends that the Commission grant a variation to allow for the construction of parking spaces within the front and side setbacks. The applicant has provided a "parking management plan" (Attachment D) outlining and addressing self imposed contractual restrictions tied to employment contracts to limit the number of vehicles permitted per tenant (or per unit), and defining how the shared tandem spaces will function. The plan proposes to assign tandem parking spaces to three and four-bedroom tenants. By way of background, the Commission provided direction at their August 27, 2007, that a variation to parking standards was appropriate, in concept, in order to facilitate development of privately funded employee housing within the Town. Staff believes the parking management plan, as submitted, starts to address the availability of alternative modes of transportation, as well as, self imposed restrictions on the number of vehicles allowed per tenant or unit. However, Staff recommends such limitations on the number of cars per unit should be explicit within the actual deed restrictions for each unit in this development. In addition, the applicant should be required to ensure that signage is installed within the parking areas designating "office" parking and "residential/tenant" parking. Pursuant to Section 12-61-8, Vait Town Code, the following criteria are applicable to review of this request for a parking variation: 41 A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. Staff Response: The proposed development is within 1,900 feet of a public transit stop. In addition, the development is within close proximity to pedestrian pathways and is within walking distance to Lionshead and Vail Village. 8. A limitation placed in the deed restrictions limiting the number of cars for each unit. Staff Response: Staff believes the applicant should be required to amend the parking management plan to ensure the limitations proposed, assigning tandem parking spaces to 3 and 4 bedroom units, are made part of deed restrictions for each applicable unit. In addition, Staff recommends that the parking management plan, in conjunction with the employee housing plan submitted, expressly tie the 3.1 employee housing "beds" required for office uses to dedicated parking spaces within the building. In comparison to the review of a request for variation to parking standards, pursuant to Section 12-61-8, Vail Town Code, and the above listed criteria, are the "Special Review Provisions" provided in Section 12-10-20, Vail Town Code. Established via Ordinance No. 9, Series of 2000, the following findings were established to allow the Planning and Environmental Commission to review requests for reductions to the number of required parking for projects within Vail's Commercial Core areas: "A. The parking demand will be less Phan the requirements identified in section 12-10-10 of this chapter; and B. The probable long term use of the building or structure, based an its design, will not generate additional parking demand; and C. The use or activity is part of a demonstrated permanent program (including, but not limited to, "rideshare" programs, shuttle service, or staggered work shifts) intended to reduce parking demand that has been incorporated into the project's final approved development plan; and D. Proximity or availability of alternative modes of transportation (including, but not limited to, public transit or shuttle services) is significant and integral fo the nature of the use or business activity. In reaching a decision, the planning and environmental commission shall consider survey data submitted by a qualified transportation planning or engineering consultant. Projects under "special review" are subject to additional scrutiny by the planning and environmental commission after development plan approval if it is deemed necessary to verify continued compliance with the above listed criteria. The maximum allowable reduction in the number of required spaces shall not exceed twenty five percent (25%) of the total number required under section 12-10-10 of this chapter. " 42 The applicant is requesting a 24% overall reduction in required parking and Staff believes the proposed parking plan meets the above criteria A-D. IX. STAFF RECOMMENDATION Development Plan The Community Development Department recommends the Planning and Environmental Commission approves, with conditions, the site specific development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve the proposed development plan, Staff recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the applicant's request for a site specific development plan for the Solar Vail property, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, subterranean parking, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 88, Block 2, Vail Potato Patch, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve the development plan for Solar Vail, Staff recommends the Commission make the following findings part of the motion: "1. That the building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood, based upon the review outlined in Section Vlll of the Staff's March 24, 2008, memorandum to the Planning and Environmental Commission; 2. That the 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, based upon the review outlined in Section Vlll of the Staff's March 24, 2008, memorandum to the Planning and Environmental Commission; 3. That the 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 43 surrounding properties, and when possible, are integrated with existing open space and recreation areas, based upon the review outlined in Section Vlll of the Staff's March 24, 2008, memorandum to the Planning and Environmental Commission; 4. That a pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development, based upon the review outlined in Section Vlll of the Staff's March 24, 2008, memorandum to the Planning and Environmental Commission; 5. That 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, based upon the review outlined in Section Vlll of the Staff's March 24, 2008, memorandum to the Planning and Environmental Commission; and 6. That the plans are in compliance with the Vail comprehensive plan and other applicable plans. " Should the Planning and Environmental Commission choose to approve the development plan, Staff recommends the following conditions: Prior fo Application for Building Permits The Developer revise the Employee Housing Mitigation Plan to ensure that deed restrict unit(s) assigned to office uses (mitigation) also be linked to dedicated parking spaces within the building and that the applicant continue to study the housing plan and the proposed ownership and deed restriction structure to ensure that a "live/work" opportunity is afforded to employees of any professional offices working within the building; 2. The Developer shall revise the plans prior to or concurrent with any application for Design Review to ensure the minimum standards for snow storage are met on-site; 3. Prior to or concurrent with any application for Design Review, the Developer shall submit a Master Sign Program and install signage within the parking areas designating "office" parking and "residential/tenant" parking. Any plan submitted shall included provisions regulating maintenance of the hammerhead in the winter months free from snow storage and accumulation to ensure use by all vehicles; 4. The Developer shall be required to submit a detailed and final lighting plan, showing all fixture locations, fixture types and lumens/output; such plan should be accompanied by cut sheets for each proposed fixture in conjunction with any Design Review application; 44 5. The Developer shall be required to submit a final site re-vegetation and erosion control plan inclusive of details showing all areas to receive native re-seeding and specifying rates of application, as well as temporary irrigation to be used, with any Design Review application; 6. The Developer shall submit final details for Design Review for any fence to be located between the Red Sandstone Elementary School site and Solar Vail. Detailing for any fence shall compliment and otherwise match the materials, textures and colors used on the Solar Vail building; 7. The Developer shall be required to provide a building code and fire code analysis with any submittal for building permit; 8. The Developer shall obtain an access easement agreement from the Town of Vail for any and all driveway, grading, draingage, retainage, planting or other ancillary improvements on, over or across Town owned Tract A. Such agreement shall be required to be executed prior to or in conjunction with any building permit application. 9. The Developer submits a complete set of civil engineered drawings of the Approved Development Plans including the required off site improvements, to the Town of Vail Community Development Department for review and approval of the drawings, prior to making application for the issuance of a building permit for the Solar Vail building improvements; 1 D. The Developer submits a site specific geologic investigation in conjunction with any building permit application, in accordance with Section 12-21-15, Vail Town Code, for any proposed development within a mapped Rock Fall Hazard areas; 11. The Developer shall address all the comments and conditions identified in the memorandum from the Town Project Engineer dated February 14, 2008, in conjunction with building permit application; 12. The Developer shall pay, in full, the Traffic Impact Fee of $227, 500.00 prior to the issuance of a building permit; Prior to Reauestinq a Temaorarv Certificate of Occuaancv 13. The Developer shall revise the Employee Housing Mitigation Plan to ensure that the 3.1 deed restricted unit(s) assigned to office uses (mitigation) also be linked to dedicated parking spaces within the building and that the applicant continue to study the housing plan and the proposed ownership and deed restriction structure to ensure that a "live/work" opportunity is afforded to employees of any professional offices working within the building; 14. The Developer shall provide the legally executed and duly recorded Type VI deed restriction with the Eagle County Clerk & Recorder's Office for the on-site employee housing units, and that said units shall 45 sized according to the Town of Vail minimum size requirements according to Chapter 23, Vail Town Code, and be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Solar Vail project. Variations from Development Standards Additionally, should the Planning and Environmental Commission choose to approve this site specific development plan with conditions, the Community Development Department recommends the Commission approves variations from the development standards of the Housing (H) District, pursuant to Section 12-61-5, Setbacks; Section 12-61-8, Parking and Loading; and Section 12-10-20, Special Review Provisions, Vail Town Code, to allow for certain variations to setback and parking standards. Should the Planning and Environmental Cammission choose to approve the variations from the development standards of the Housing (H) District, Staff recommends the Commission make the following findings part of the motion: Setbacks "A. The proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. 8. The proposed building setbacks will provide adequate availability of light, air and open space. C. The proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. The 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." Parkin4 "A. The parking demand will be less than the requirements identified in section 12-10-10 of this chapter; B. The probable long term use of the building or structure, based on its design, will not generate additional parking demand; C. The use or activity is part of a demonstrated permanent program (including, but not limited fo, "rideshare" programs, shuttle service, or staggered work shifts) intended to reduce parking demand that has been incorporated into the project's final approved development plan; and D. The proximity or availability of alternative modes of transportation (including, but not limited to, public transit or shuttle services) is significant and integral to the nature of the use or business activity." 46 Variance The Community Development Department recommends the Planning and Environmental Commission approves the request for a final review of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16, Right of Appeal, Vail Town Code, to allow for development within slopes in excess of 40%, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve the requested variance, Staff 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, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16, Right of Appeal, Vail Town Code, to allow for development within slopes in excess of 40%, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve the requested variance, Staff recommends the Commission make the following findings part of the motion: "The Planning and Environmental Commission finds: The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Housing (H) District as the Planning and Environmental Comission has consistently held that the configuration of existing sites and buildings are a hardship that may justify the granting of a variance from the Town's current zoning regulations; 2. The granting of this variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code, due to the configuration and existing conditions of the site; b. There are exceptional or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same district due to the configuration and existing conditions of the site; 47 c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district due to the configuration and existing conditions of the site. Conditional Uses The Community Development Department recommends the Planning and Environmental Commission approves the request for a final review of conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve the proposed conditional use permits, Staff recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the Applicant's request for conditional use permits, pursuant to Section 12- 61-3, Conditional Uses, Vail Town Code, to allow for Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. "The Planning and Environmental Commission finds: 1. That the proposed location of the uses are 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 uses and the conditions under which they would be operated or maintained will not be detrimental fo the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed uses will comply with each of fhe applicable provisions of this title. " X. ATTACHMENTS 28, 2008 (updated March 11, 2008) C. Copy of proposed plans dated January 25, and March 3, 2008 submitted by GPSL Architects D. Parking Management Plan by applicant E. Professional Office Conditional Use Permit Written Response by applicant A. Vicinity Map B. Document describing the project entitled Tear Down and Re-build of Solar Vail Emolovee Housing., submitted by GPSL Architects and dated January 48 F. Employee Housing Conditional Use Permit Written Response and Employee G J. K. L. Housing Plan by applicant Public Utilities Installations including Transmission Lines and Appurtenant Equipment Written Response by applicant Side Setback Variance Request for the Housing (H) District Letter from the Town of Vail Public Works Department, dated February 14, 2008 Traffic Impact Analysis by Peak Land Surveying Telecommunications Antennae Specification Sheet Variance Request for Building on a 40% Slope Written Response by applicant 49 Attachment A :i E ~g~g 4t ~~ i i 50 C Q .~^~, ~~ . 1~ ~ - ~ ~ ~ . ~~ , .~ .~: ~ ' ~. ~~ ~~ ~~ ~ ~ ~~~ ~ '}~ gyp, t ~ ~ a _° ,~ ~s E ,~ ~ ~ , :~ ~~ y,~ ~. ~ y~ -~ ,~, .ryp~ ~.iP Er; ~` ,~ 3~ qy 3 r ~ ; p ~ s i ~ ~± t ~~~ a~ ~ _ `~" ~ -_ ,~ ~s ~ :~~ 4 Y c~ y l'~:t~~ x i 4 ~.~ ~-.: s-.: ~~ ~x ~; :_ ~; ~~ ., w~ ~~~~ 7C ~` --. -~- ~ ` ," ~a x~`~"~ ~~:~~~. r~,,..~ . ~ ~. ~-~~ r, +i~+~A~. 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W A >.~ 5 { rn ,m I~ ~~ ~ C m ,z o~ N ffI n o. ~_ ~; O ~= z N ~- ~~ \\ ~ \ ~~\ ~ '. ~ a I I' I I. ~ '~ ~ ~ l~itis~~~~ q~ SOL?~R VA I L ~ ~&~ ~ ~' ~ ~;`I~'9!'9~ ~ NORTH FRONTAGE ROAD aogs O o ~~~~'•9 VAIL, COLORADO eve& m ~~c ~~ m~ o~ ,~ rn o~+ ~ o a ~~ -0a~ ~ ~ >ti~ ~ SOL/hR ~lA~L D ~~~~~ ~ ('~~~a~~q~ 9 NORTH~~GOLDO~D~~ ~~V~~a Attachment C PLANNING AND ENVIRONMENTAL COMMISSION March 24, 2008 TOWN COUNCIL CHAMBERS /PUBLIC WELCOME 75 S. Frontage Road -Vail, Colorado, 81657 Commission Training, lunch was be served MEMBERS PRESENT Rollie Kjesbo Michael Kurz Bill Pierce Scott Proper Susie Tjossem David Viele Site Visits: 1. Solar Vail - 501 North Frontage Road West 2. Vail Cascade Resort and Spa - 1300 Westhaven Road MEMBERS ABSENT Anne Gunion Driver: Scot 12:30pm 1:OOpm A request for a final review for a development plan, pursuant to Section 12-61-11, development Plan Required, Vail Town Code; a request for final review of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21- 16, Right of Appeal; and certain conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC070052/ PEC08006/PEC080013) Applicant: Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall Architects, P.C. Planner: Scot Hunn Development Plan (PEC070052) ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Kurz VOTE: 5-1-0 (Pierce opposed) CONDITION(S): The Developer shall revise the plans prior to or concurrent with any application for Design Review to ensure the minimum standards for snow storage are met on- site. A snow storage management plan may be provided in conjunction with any requested variance from the standards to further demonstrate the Developer's ability to comply with Town of Vail standards; 2. Prior to or concurrent with any application for Design Review, the Developer shall submit a Master Sign Program and install signage within the parking areas designating "office" parking and "residential/tenant" parking. Any plan submitted shall included provisions regulating maintenance of the hammerhead in the winter months free from snow storage and accumulation to ensure use by all vehicles; Page 1 3. The Developer shall be required to submit a detailed and final lighting plan, showing all fixture locations, fixture types and lumens/output; such plan should be accompanied by cut sheets for each proposed fixture in conjunction with any Design Review application; 4. The Developer shall be required to submit a final site re-vegetation and erosion control plan inclusive of details showing all areas to receive native re-seeding and specifying rates of application, as well as temporary irrigation to be used, with any Design Review application; 5. The Developer shall submit final details for Design Review for any fence to be located between the Red Sandstone Elementary School site and Solar Vail. Detailing for any fence shall compliment and otherwise match the materials, textures and colors used on the Solar Vail building; 6. The Developer shall be required to provide a building code and fire code analysis with any submittal for building permit; 7. The Developer shall obtain an access easement agreement from the Town of Vail for any and all driveway, grading, draingage, retainage, planting or other ancillary improvements on, over or across Town owned Tract A. Such agreement shall be required to be executed prior to or in conjunction with any building permit application; 8. The Developer submits a complete set of civil engineered drawings of the Approved Development Plans including the required off site improvements, to the Town of Vail Community Development Department for review and approval of the drawings, prior to making application for the issuance of a building permit for the Solar Vail building improvements; 9. The Developer submits a site specific geologic investigation in conjunction with any building permit application, in accordance with Section 12-21-15, Vail Town Code, for any proposed development within a mapped Rock Fall Hazard areas; 10. The Developer shall address all the comments and conditions identified in the memorandum from the Town Project Engineer dated February 14, 2008, in conjunction with building permit application; 11. Pursuant to Chapter 12-23, Commercial Linkage, Vail Town Code, the Developer shall provide 3.1 deed restricted bed(s), to be assigned to the approved office uses on-site, per the approved Employee Housing Mitigation Plan; and 12. The Developer shall provide the legally executed and duly recorded Type VI deed restriction with the Eagle County Clerk & Recorder's Office for the on-site employee housing units, and that said units shall sized according to the Town of Vail minimum size requirements according to Chapter 12-23, Vail Town Code, and be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Solar Vail project. Variations to Development Standards ACTION: Approved MOTION: Kjesbo SECOND: Proper VOTE: 6-0-0 Page 2 Variance to 40% slope restrictions (PEC080013) ACTION: Approved MOTION: Kjesbo SECOND: Proper VOTE: 6-0-0 Conditional Use Permits (PEC080006) ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0 CONDITION(S): The Conditional Use Permit granted for Professional Office uses will be subject to "call up" by the Town, upon any determination by the Town that parking provided on site is not adequate to accommodate the approved conditional uses on-site. Scot Hunn presented an overview of the proposal and the Staff memorandum. Henry Pratt with GPSL Architects, applicant's representative, presented a summary of the changes to the plans since the Commission's last hearing. He stated their objection to the proposed condition No. 1 concerning parking designations. He continued by stating his objection to condition No. 2. He stated that the site is severely constrained and that providing the required snow storage on-site will be difficult without snowmelting the entire driveway. He stated that the applicant has already agreed to snowmelt the hammerhead at the request of the Town of Vail Fire Department. He stated that providing snowmelt for the remainder of the driveway and surface parking areas will be cost prohibitive to the project and they requested the PEC grant approval to not snowmelt the entire driveway; he suggested that the applicant may be amenable to snowmelting parts of the driveway, in conjunction with using the exterior parking for temporary snow storage. He reiterated that the applicant is willing to provide snow removal on an `as- needed' basis, at the applicant's cost. He stated their objection to condition No. 12 as it would be cost prohibitive to the project. He stated their objection to condition No. 15. He requested that the developer be required to deed restrict employee housing units prior to requesting a final Certificate of Occupancy, rather than at Temporary Certificate of Occupancy as stated in Staffs condition No. 14. He conclude by showing a 3-D model of the project. Commissioner Kurz asked Staff to clarify condition No. 1. Scot Hunn clarified the rationale behind the condition. Commissioner Kurz asked if snowmelt could be exchanged for the commercial parking spaces. Scot Hunn and Tom Kassmel, Town Engnieer, responded that a snow management plan would be necessary and that snow can not be stored in the street right-of-way. Commissioner Kurz asked if waiving the fee associated with condition No. 12 was a possibility. Tom Kassmel noted that this project will affect traffic and public transit. Fees for the Middle Creek project were not waived, but were supplemented by the Town in order to complete a greater level of work. Commissioner Kurz asked if condition No. 13 could be eliminated. Scot Hunn responded that the condition could be re-written. Commissioner Kurz requested clarification of condition No. 14. Page 3 Commissioner Tjossem asked the applicant to clarify the design of the proposed fence. Henry Pratt clarified and noted that the school district supported the design. Commissioner Viele recognized this is a large building. He is amenable to amending the snow storage as long as a snow storage plan is provide. He does not support the Town's control of the deed restrictions. Commissioner Proper summarized the benefit of new employee housing, but noted the deficit of snow storage, parking and the large building height. Commissioner Kjesbo proposed removing condition Nos.1 and 13. He agreed with allowing a deviation to snow storage with a snow management plan. He noted while Middle Creek met the standards, they were subsidized the land. He noted that this is a very large building. Jim Lamont, Vail Home Owner's Association, agreed with reducing parking on this project, if site conditions make compliance with full requirement impractical, as an incentive for employee housing. An additional floor of underground parking would improve access to the site. However, he noted concern about the precedent this building would create with no screening or stepping of the building. It would be inconsistent with the step down massing of the Middle Creek Affordable Housing Project and the redeveloped Roost Lodge. The proposed building could look out of place and exposed for many years, unless or until development was allowed to infill around it. He would prefer to see a master plan with design guidelines for buildings along the North Frontage Road instead of developer economics being used to differentiate standard between public and private development projects in the same area. He proposed a compromise, noting that no utilities are located in the 30-foot front utility easement, but should be relocated to the adjacent Frontage Road right of way, and suggested the plan be revised to use that area to step down the building. He suggested that new mass could be added to the front of the building or higher masses could be lowered. He also noted that there was additional unallocated site coverage and GRFA to accomplish the step backs without compromising the proposed development program. Ron Byrne noted that the density of Middle Creek may not have been enough, and this proposed density better hits the mark. He noted that in the long term many buildings on the frontage road may change in massing. He supports the design of the building. Commissioner Pierce noted that a developer can build on this site, yet the Town has zoned their property on this same hillside to prevent development. He asked for clarification about what uses could be allowed on the site in the future. He asked the applicant to clarify the location of the proposed cell phone antennas. Henry Pratt clarified the locations. He continued by stating that ERWSD has indicated that utilities are currently located in both easements. He also clarified the difference between providing employee housing "beds" and employee housing "units", in response to condition No. 13. He reiterated their request to use the exterior parking spaces as temporary snow storage. Warren Campbell suggested the Commission allow different deviations to the parking numbers on a seasonal basis as part of the motion in order to address the snow storage issue. Henry Pratt noted that since no improvements are needed for the Frontage Road, they do not wish to pay a traffic impact fee. Page 4 Commissioner Kjesbo clarified that parking will not be permitted on the Frontage Road, so the applicant will need to manage their parking situation. Additionally, any conditional use permit could be called-up if parking problems occurred. Commissioner Kurz asked for clarification as to how the traffic impact fees would be used. Tom Kassmel noted that the fees will be added to the traffic improvement funds and will likely be used at the main roundabout. Warren Campbell clarified the funds will be used within the vicinity of the project. Commissioner Kjesbo made a motion to approve the development plan, with changes to the Staff recommended conditions, inclusive of striking condition Nos. 1 and 12, and amending condition Nos. 2 and 13. Commissioner Pierce noted his concern about waiving traffic impact fees for the commercial uses of the project. Commissioners Kjesbo and Proper stated their opinion that the benefits of the project off-set the requested waiver of traffic impact fees. Commissioner Pierce voted against the development plan, noting his opposition to waiving the commercial use traffic impact fees. The Commissioners unanimously approved the other requests associated with this proposal. 2. A request for a final recommendation to the Vail Town Council on a major amendment to Special Development District No. 4, Area A, Vail Cascade, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an addition to the Vail Cascade Resort and Spa by enclosing portions of two decks, located at 1300 Westhaven Drive/Cascade Village Subdivision, and setting forth details in regard thereto. (PEC080007) Applicant: L.O. Holding, Inc., represented by JG Johnson Architects Planner: Nicole Peterson ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0 CONDITION(S): 1. That the Developer receives final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit. 2. That the Developer meet the Commercial Linkage requirement set forth in Section 12- 23, Vail Town Code. Nicole Peterson presented an overview of the proposal and the Staff memorandum. There was no public comment. Commissioner Viele disclosed his firm reviewed a similar construction project with the applicant, but is not under contract for any work and does not have a conflict of interest. He noted the substantial cost of the employee housing fees being assessed for this minimal addition. Commissioner Proper had no comment. Page 5 Attachment D THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-3, Vail Town Code, on Tuesday, May 6 , 2008, at 6:00 PM in the Town of Vail Municipal Building, in consideration of: ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a request for a final review for a development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code; a request for final review of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16, Right of Appeal; and a request for final review of certain conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC070052; PEC080006; and PEC080013) Appellant: Vail Town Council Planner: Scot Hunn 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 project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Published April 18, 2008, in the Vail Daily. Attachment: E THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-3, Vail Town Code, on Tuesday, May 6 , 2008, at 6:00 PM in the Town of Vail Municipal Building, in consideration of: ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a request for a final review for a development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code; a request for final review of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16, Right of Appeal; and a request for final review of certain conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC070052; PEC080006; and PEC080013) Appellant: Vail Town Council Planner: Scot Hunn 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 project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Published April 18, 2008, in the Vail Daily. VATL VILLAGE HOMEOWNERS ASSOCIATION, INC Page 1 of 2 Scot Hunn - VHA/J FL?VTC : Solar Vai 1 Redevelopment a -Town Counci 1 ~ v{~jn- ~ ~~~; ~ M decision. ~ ~ 'lia 6. V ,Bill M ll x. dill 1. ~i~ip,ll II III II u~.p~~ li l„uwldfd llY i~R llin II'a.ll~l la ln0ild I III l00ii I I mill il. IlY I I II Ian ~i I ldll~ ~~: ~1d116.W II l,lllm i,~l I MAY Ob~~ ii "~I illl 2008 From: "James Franklin Lamont" To: "Town of Vail Town Council" Date: 05/05/2008 10:05 AM TOWN OF V~/~i~ F Subject: VHA/J FL?VTC: Solar Vail Redevelopment - Town Council review vi r« ~°-~~- decision. CC: "Cory Swisher" "George Rurther" VAIL HOMEOWNERS ASSOCIATION, INC. President -Alan Kosloff Secretary -Judith Berkowitz Treasurer -Patrick Gramm Executive Director -Jim Lamont Directors: Dolph Bridgewater -Richard Conn -Gail Ellis -Rob Ford - John Gorsuch Eugene Mercy -Bill Morton - Trygve Myhren -Doug Tansill Emeritus: Ellie Caulkins -Bob Galvin - Gretta Parks To: Mayor and Town Council Members From: Jim Lamont Date: May 5, 2008 RE: Solar Vail Redevelopment -Town Council review of PEC decision. The Vail Homeowners Association forwards the following recommendations regarding the redevelopment of the Solar Vail affordable housing project. The Vail Homeowners Association agrees with reducing parking on this project, if site conditions make compliance with the full requirement impractical, as an incentive for employee housing. In this case, VHA notes that an additional floor of underground parking would improve access to the site. However, VHA is concerned about the precedent this building would create with no screening or stepping of the building. It would be inconsistent with the step down massing of the Middle Creek Affordable Housing Project and the redeveloped Roost Lodge. The proposed building could look out of place and exposed for many years, unless or until development was allowed to infill around it. VHA would prefer to see a master plan with design guidelines for buildings along the North Frontage Road instead of developer economics being used to differentiate standards between public and private development projects in the same area. VHA proposes a compromise, noting that the utilities located in the 30-foot front utility easement can be relocated. These utilities should be relocated to the adjacent Frontage Road right of way, and suggested the plan be revised to use that area to step down the building. VHA suggests that new mass could be added to the front of the building or higher masses could be lowered. VHA also observes that there is additional unallocated site coverage and GRFA to accomplish the step backs without compromising the proposed development program. These recommendations were made to the Planning and Environmental Commission. The VHA Board of Directors has reviewed the foregoing recommendations, making no further comment or advisements. Further response from Board members, the membership and affiliates is at their file://C:\~ocuments and settings\Administrator\Local Se... 05/05/2008 `~~ VAYL VILLAGE HOMEOWNERS ASSOCIATION, INC Page 2 of 2 individual initiative. Thank you for your consideration. Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 FAX: (970) 827-5856 E-mail: vvha@vail.net Web Site: www.vailhomeowners.com file://C:\~ocuments and Settings\Administrator\Local Se... 05/05/2008 Page 1 of 1 Scot Hunn -Solar Vail snow storage From: To: Date: 03/25/2008 9:03 AM Subject: Solar Vail snow storage CC: , Scot, What was your understanding of the PEC's direction on the snow storage issue yesterday? I thought Raleigh said to work out a snow management plan but I didn't get a feel for whether they endorsed my proposal to split the two sites and thereby get away from snowmelting the entire driveway. Who do I do this with? You? Public works? Chad? I would like to sit down with the appropriate person and just talk concepts and possibilities before we get into too much detail. I need to review the options with Johannes when he returns next week but my current thinking is to use the 4 spaces at the top of the drive to meet the 30% requirement for the SV lot itself. I think Johannes is willing to truck any excess snow away from this spot and I will continue to look at options for making this area into a snow melting pit. The main thing I would like to discuss is whether the TOV will allow us to drill geothermal wells on their property under the driveway (or next to it- I'm not that familiar with the technology yet) or if we might be allowed to install liquid solar collectors on the hillside just above the driveway. Henry Henry P~at~ P~+1.9?t7.cT6.llai7 fexx 97x.438.1612 ~~~.+athrt~y Praia 5~h~~a~ ~inci~l ,gr~ia+tct4+s, ~'~ 1ft~7tJ ScvEl~ ~ror~ic~~e toad tiWesF, Sx~itc sCJ"d ~ 'foil, :C? {3 t ~+Sl www r~r.•,..lr,r.=.hitt~~-t~g rnm Create a Home Theater Like the Pros. Watch the _v_ideo...o.. n AOL_ _Ho_.me. file://C:\Documents and Settings\Administrator\i_ocal Se... 03/25/2008 Punning and Enrrir~nrnenta~ Commis~c+n J4CTIC-~ FORM ~G~',kSf'.RtxaITY Ct=~E U~rPMEtiT i3epartment of Cammanity Development 75 South Frontage Raad, Vail, Colorado 61657 te1:970.479.2139 fax: 970.479.2452 web:. www.vailgav.com Project Name: SOLAR VAIL CUP(S) PEC Number: PEC080006 Project Description: FINAL APPROVAL FOR A CONDITIONAL USE PERMIT FOR TYPE VI HOUSING, OFFICE SPACE IN A HOUSING DISTRICT AND TEMPORARY TELECOM DRUING CONSTRUCTION AND TELECOM IN THE NEW BUILDING. Participants: OWNER SONNENALP PROPERTIES INC 02/18/2008 20 VAIL RD VAIL CO 81657 APPLICANT SONNENALP PROPERTIES INC 02/18/2008 JOHANNES FAESSLER 20 VAIL RD VAIL CO 81657 Project Address: 501 N FRONTAGE RD WEST VAIL Location: 501 N. FRONTAGE RD. W. Legal Description: Lot: 8-B Block: 2 Subdivision: VAIL POTATO PATCH Parcel Number: 2101-063-0201-1 Comments: BOARD/STAFF ACTION Motion By: Kjesbo Second By: Viele Vote: 6-0-0 Conditions: Action: APPROVED Date of Approval: 03/24/2008 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0009860 The Conditional Use Permit granted for Professional Office uses will be subject to "call up" by the Town, upon any determination by the Town that parking provided on site is not adequate to accommodate the approved conditional uses on-site. Planner: Scot Hunn PEC Fee Paid: $650.00 Planning and Environm~n~al Cammissc~n ACTIC~t~ Ft?RNi ~~ 4~M1M1~YJNITY C~VEL~ktExJT Project Name: SOLAR VAIL VARIANCE Project Description: Participants: PEC Number: PEC080013 FINAL APPROVAL FOR A VARIANCE TO CONSTRUCT EHU'S ON A DISTURBED SLOPE GREATER THAN 40% FOR THE SOLAR VAIL EMPLOYEE HOUSING OWNER SONNENALP PROPERTIES INC 03/13/2008 20 VAIL RD VAIL CO 81657 APPLICANT SONNENALP PROPERTIES INC 03/13/2008 JOHANNES FAESSLER 20 VAIL RD VAIL CO 81657 Project Address: 501 N FRONTAGE RD WEST VAIL Location: 501 N. FRONTAGE RD. W. Legal Description: Lot: 8-B Block: 2 Subdivision: VAIL POTATO PATCH Parcel Number: 2101-063-0201-1 Comments: BOARD/STAFF ACTION Motion By: Kjesbo Second By: Proper Vote: 6-0-0 Conditions: Action: APPROVED Date of Approval: 03/24/2008 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Department of Cammunity Development 75 Sauth Frontage Road, Vail, Colc-rado 81657 te1:970.479.2139 fax:970.479.2452 web: www.vailgav.cam Planner: Scot Hunn PEC Fee Paid: $500.00 Manning and Environmental Commissar ACTIN i=QRM ~~ V~ C'~t4A1?i3TY CEkEL~'41Et#T Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax:97f~.479.2452 web: www.vail'gav.com Project Name: SOLAR VAIL EMPLOYEE HOUSING PEC Number: PEC070052 Project Description: FINAL APPROVAL FOR A DEVELOPMENT PLAN FOR SOLAR VAIL EMPLOYEE HOUSING WITH OFFICES AS A CONDITIONAL USE. Participants: OWNER SONNENALP PROPERTIES INC 07/30/2007 20 VAIL RD VAIL CO 81657 APPLICANT SONNENALP PROPERTIES INC 07/30/2007 JOHANNES FAESSLER 20 VAIL RD VAIL CO 81657 Project Address: 501 N FRONTAGE RD WEST VAIL Location: 501 N. FRONTAGE RD. W. Legal Description: Lot: 8-B Block: 2 Subdivision: VAIL POTATO PATCH Parcel Number: 2101-063-0201-1 Comments: BOARD/STAFF ACTION Motion By: Kjesbo Second By: Kurz Vote: 5-1-0 Conditions: Action: APPROVED Date of Approval: 03/24/2008 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0009848 The Developer shall revise the plans prior to or concurrent with any application for Design Review to ensure the minimum standards for snow storage are met on-site. A snow storage management plan may be provided in conjunction with any requested variance from the standards to further demonstrate the Developer's ability to comply with Town of Vail standards Cond: CON0009849 Prior to or concurrent with any application for Design Review, the Developer shall submit a Master Sign Program and install signage within the parking areas designating "office" parking and "residential/tenant" parking. Any plan submitted shall included provisions regulating maintenance of the hammerhead in the winter months free from snow storage and accumulation to ensure use by all vehicles Cond: CON0009850 The Developer shall be required to submit a detailed and final lighting plan, showing all fixture locations, fixture types and lumens/output; such plan should be accompanied by cut sheets for each proposed fixture in conjunction with any Design Review application Cond: CON0009851 The Developer shall be required to submit a final site re-vegetation and erosion control plan inclusive of details showing all areas to receive native re-seeding and specifying rates of application, as well as temporary irrigation to be used, with any Design Review application Cond: CON0009852 The Developer shall submit final details for Design Review for any fence to be located between the Red Sandstone Elementary School site and Solar Vail. Detailing for any fence shall compliment and otherwise match the materials, textures and colors used on the Solar Vail building Cond: CON0009853 The Developer shall be required to provide a building code and fire code analysis with any submittal for building permit Cond: CON0009854 The Developer shall obtain an access easement agreement from the Town of Vail for any and all driveway, grading, draingage, retainage, planting or other ancillary improvements on, over or across Town owned Tract A. Such agreement shall be required to be executed prior to or in conjunction with any building permit application Cond: CON0009855 The Developer submits a complete set of civil engineered drawings of the Approved Development Plans including the required off site improvements, to the Town of Vail Community Development Department for review and approval of the drawings, prior to making application for the issuance of a building permit for the Solar Vail building improvements Cond: CON0009856 The Developer submits a site specific geologic investigation in conjunction with any building permit application, in accordance with Section 12-21-15, Vail Town Code, for any proposed development within a mapped Rock Fall Hazard areas Cond: CON0009857 The Developer shall address all the comments and conditions identified in the memorandum from the Town Project Engineer dated February 14, 2008, in conjunction with building permit application Cond: CON0009858 Pursuant to Chapter 12-23, Commercial Linkage, Vail Town Code, the Developer shall provide 3.1 deed restricted bed(s), to be assigned to the approved office uses on-site, per the approved Employee Housing Mitigation Plan Cond: CON0009859 The Developer shall provide the legally executed and duly recorded Type VI deed restriction with the Eagle County Clerk & Recorder's Office for the on-site employee housing units, and that said units shall sized according to the Town of Vail minimum size requirements according to Chapter 12-23, Vail Town Code, and be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Solar Vail project Planner: PEC Fee Paid: $1,500.00 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 24, 2008 SUBJECT: A request for a final review for a development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code; a request for final review of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16, Right of Appeal; and certain conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC070052 and PEC080013) Applicant: Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall Architects, P.C. Planner: Scot Hunn I. SUMMARY The applicant, Sonnenalp Properties, lnc., represented by Gwathmey Pratt Schultz Lindall Architects, P.C., has requested a final review by the Town of Vail Planning and Environmental Commission for a development plan, a variance and associated conditional use permits for the re-development of the Solar Vail property into a mixed use project, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch. The Community Development Department recommends the Planning and Environmental Commission approves, with conditions, the site specific development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type Vl employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, and setting forth details in regard thereto. The Community Development Department recommends the Planning and Environmental Commission approves the variations from the development standards of the Housing (H) District, pursuant to Section 12-61-5, Setbacks; Section 12-61-8, Parking and Loading; and Section 12-10-20, Special Review Provisions, Vail Town Code, to allow for certain variations to setback and parking standards. The Community Development Department recommends the Planning and Environmental Commission approves the request for a final review of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16, Right of Appeal, to allow for development within slopes in excess of 40%, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. The Community Development Department recommends the Planning and Environmental Commission approves the request for a final review of conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. DESCRIPTION OF THE REQUEST The Solar Vail property currently serves exclusively as employee housing for the Sonnenalp Hotel operations. The applicant, in proposing this re-development, intends to maintain and expand this use as a direct nexus to employee housing needs generated by operation of the Sonnenalp Hotel in the Vail Village. Specifically, the applicant proposes this re-development to proactively address, the current and future employee housing needs generated by the hotel operations. As well, the applicant has proposed, as a possible means to finance re-development of the site, to sell deed restrictions tied to units developed on the site to other businesses or developers in need of "off-site" employee housing mitigation in the future. The property has been re-zoned from the High Density Multi-Family (HDMF) District to the Housing (H) District, and a text amendment to the Housing District allowing for "Professional Offices and Business Offices" as conditional uses has been approved by the Vail Town Council. Such re-zoning and text amendments were requested to better facilitate the development of a significant number of employee housing units within the Town of Vail and to allow for the review of certain proposed conditional uses proposed as secondary and incidental to the use of employee housing. Key components of the current proposal include: • Demolition of two existing, three-story buildings containing 24 dwelling units, originally constructed in 1976; • Development of a new building containing 87,818 (gross) square feet; • Eight stories, inclusive of two levels of structured parking; • A maximum building height of 84 feet; • Eighty-two (82) deed restricted, Type VI employee housing units on five floors for primary use by employees of the Sonnenalp Hotel; • Development of approximately 4,850 square feet of office space on the first level; deed restricted linkage is proposed between office space (lease agreement) and dedicated EHUs within the building; one or two units are proposed to be "attached" to office space lease agreements and will be made part of an on-site employee housing management plan; 2 • Creation of seventy three (73) and enclosed parking spaces on two levels of underground parking (separated for office and residential uses) and eight (8) surface parking spaces for a total of eighty-one (81) parking spaces on-site; • Improved site access, driveway grades and the provision of emergency services turn-around (heated hammer head) and staging areas; • Preservation of the existing earthen berm and vegetation located between the existing parking lot and North Frontage Road; • Replacement and upgrade of existing telecommunication antenna "farm" (to be better integrated into new architectural features of building); and • Installation of fencing and landscaping between the Solar Vail property and the adjacent Red Sandstone Elementary School property. The Solar Vail development proposal is comprised of three (3) separate development review applications. Each application is intended to facilitate the re- development proposal. The development applications include, but may not be limited to: A Development Plan application for development within the Housing (H) district; A Variance application for development on slopes in excess of 40%; and A Conditional Use Permit application for: o "Professional Office Uses" located on the office level of the structure; o "Public Utilities Installations including Transmission Lines and Appurtenant Equipment" (cellular communication antennae); and o "Type Vl Employee Housing Units". In addition, the applicant is requesting "variations" to certain development standards, as permitted at the discretion of the Planning and Environmental Commission during review of any development proposal within the Housing District. Specifically, the applicant is requesting variations to: Setbacks -from 20 feet to approximately 4' feet between the proposed structure and the west property line; and Parking -from 106 required spaces (per Section 12-10-10, Vail Town Code), to 81 proposed for both residential and office uses; The applicant has provided responses to conditional use review criteria for employee housing units, professional business offices and public utility (cellular communication antennae) uses. In addition, the applicant has provided written responses and justification to variations requested from setback and parking standards, as well as a written response to variance criteria applicable to a requested variance from Section 12-21-10, Development Restricted. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). A copy of the document entitled Tear Down and Re-build of Solar Vail Emplovee Housing dated January 28, 2008 (Attachment B), and a reduced set of plans dated March 3, 2008, is attached for reference (Attachment C). III. BACKGROUND The subject property was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. The Solar Vail buildings were initially developed as an employee housing project in 1976 and has served (exclusively) as the off-site employee housing for the Sonnenalp Hotel. These buildings were subsequently approved for use as a telecommunications (cell) antenna "farm" site; housing multiple antennae for various co-users or providers. Today, this telecommunications site provides a critical communications link for residents, guests and travelers within the Vail area. On August 27, 2007, the Town of Vail Planning and Environmental Commission held a work session to discuss plans for a similarly designed building. At that time, the applicant was proposing sixty-three (63) employee housing units (EHUs) and 4,700 square feet of professional office space. Two levels of parking were proposed, with a total of 71 parking spaces proposed. The Commission was generally supportive of the propose plans and provided the following feedback to the applicant: • The applicant should study building mass and, specifically, provide for more of a "break" in the ridge line of the roof structure; • The applicant should study loading, delivery and trash storage and removal; and • The requested variation to parking standards is generally supportable in order to facilitate private development of employee housing within the Town, and in specific response to avoiding development on slopes in excess of 40%. On October 2, 2007, the Vail Town Council granted "Permission to Proceed" through the development review process, and specifically to allow the applicant to develop plans for access to the Solar Vail 'site that included driveway, retaining wall and grading improvements on Town owned land (Tract A) adjacent to Lot 8B, Vail Potato Patch. The applicant showed a design at that time that included substantial disturbance on Tract A, beyond that which exists today for the current driveway into the Solar Vail property. Since that meeting, the applicant has revised the plans to use the existing road/curb cut for Solar Vail and thus, substantially reduce the amount of disturbance proposed on Tract A while providing improved access grades and angles off of North Frontage Road. On December 4, 2007, the Vail Town Council voted unanimously to approve two separate ordinances, Ordinance No. 34, Series of 2007 and Ordinance No. 35, Series of 2007, on second reading. Ordinance No. 34 approved an amendment to the Official Zoning map for the Town of Vail, effectively re-zoning the subject property from the High Density Multi-Family (HDMF) District to the Housing (H) District. Ordinance No. 35, approved a text amendment for the Housing District to specifically allow for "Professional Offices and Business Offices" as conditional uses within the Housing District. 4 Both the re-zoning of the property and the subsequent text amendment were requested to better facilitate the re-development of the site and, specifically, to allow a higher degree of flexibility in the design and layout of the site to accommodate a significant number of employee housing units and to allow for the review of certain proposed conditional uses. Since proceeding through the re-zoning and text amendment process, the applicant has revised the plans for the development, introducing slightly revised building orientation, and roof forms (broken ridge and revised dormer designs). In addition, the plans now show a slightly taller building with increased density, as well as, a revised subterranean parking design. The building (Office Level) has been raised approximately 2 feet, and the roof pitch has increased from 8' in 12' to 9' in 12'. These two changes have resulted in the building height being raised 2.7 feet. The access plan has been changed to minimize any new road cuts and the driveway configuration has been revised significantly to improve access (grade and entry angle}, provide a hammer head for turn around while minimizing disturbance on Town owned Tract A. On February 25, 2008, the Planning and Environmental Commission held a work session with the applicant. The Commission discussed the building bulk, mass, scale and height, as well as proposed parking and setback variations requested by the applicant. There was general support for the proposed project and concerns expressed regarding the need for further separation between the Solar Vail property and the adjacent school site. Also, one Commissioner suggested that the applicant work to revise the plans to ensure that the building has a more formal "entry", while another expressed support for the idea of working with the School District to ensure that a fence and landscaping could be provided between the Lot 8B (Solar Vail) and Lot 8A, Red Sandstone Elementary School site to address the School District's concerns regarding Solar Vail residents crossing the school property en-route to the pedestrian bridge and bus stop. Since that meeting, the applicant has revised the plans to address several issues discussed at the February 25, 2008 meeting. In addition, the applicant has revised the plans to provide four (4) more parking spaces within the structure. At the regular Planning and Environmental Commission meeting of March 10, 2008, the applicant requested a tabling in order to address Staff concerns regarding development of a small portion of the proposed building within areas of 40% slope. In accordance with Section 12-21-14, Right of Appeal, Vail Town Code, the applicant has submitted a variance application to allow for development within previously disturbed areas of Lot 8B that are in excess of 40% slope. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning and Environmental Commission .in reviewing various applications submitted on behalf of Sonnenalp Properties, Inc. A. Development Plan Review in the Housing (H1 zone district The Planning and Environmental Commission is responsible for final approval/denial of a Development Plan. The Planning and Environmental 5 Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping. " B. Conditional Use Permit (CUPS The Planning and Environmental Commission is responsible for final approval/denial of any conditional use permit. The Planning and Environmental Commission shall review the request for compliance with the adopted conditional use permit criteria and make findings of fact with regard to the project's compliance. Generally, the Planning and Environmental Commission is responsible to ensure that any uses permitted are located properly, to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. V. APPLICABLE DOCUMENTS Staff has provided portions of the Vail Town Code and several master plans which are relevant to the proposed topics for this final plan review. Title 12: Zonina Reaulations Chapter 6: Housing (H) Zone District (in part) 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 design to meet the needs of residents of Vail, to harmonious with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 12-61-2: PERMITTED USES: The following uses shall be permitted in the H District: Bicycle and pedestrian paths. Deed restricted employee housing units, as further described in chapter 13 of this title. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following uses shall be permitted in H district, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: 6 "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: Banks and financial institutions. 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. Business offices and professional offices as further regulated by Section 12-16-7 of this fitle. 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. 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. Type Vl employee housing units, as further regulated by chapter 13 of this title." 12-61-5: SETBACKS: The setbacks in this district shall be twenty feet (20') from the perimeter of the zone district. At the discretion of the planning and environmental commission, variations to the setback standards may be approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B. Proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. 7 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: LANDSCAPE 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 parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in Chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than Chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. 8. 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. 12-6/-9: LOCATION OF BUSINESS ACTIVITIES: A. Limitation; Exception: All conditional uses by 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. 12-61-10: OTHER DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the H district, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the planning 8 and environmental commission, and as adopted on the approved development plan 1. Lot area and site dimensions. 2. Building height. 3. Density control (including gross residential floor area). 12-61-11: DEVELOPMENT PLAN REQUIRED: A. Compatibility with Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the housing district will meet the intent of the zone district, an approved development plan shall be required. 8. 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 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-OA-10 of this title. F. Design Review Board Approval Required: The development plan and any subsequent amendments (hereto 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. 12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria: A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. 8. 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. 9 D. A pedestrian and vehicular circulation system 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. Chapter 10: Off Street Parking and Loading 12-10-20: SPECIAL REVIEW PROVISIONS: Notwithstanding the provisions of section 12-10-10 of this chapter, the planning and environmental commission may approve a reduction to the number of required spaces specified in section 12-10-10 of this chapter, provided a report documenting the presence of unique parking characteristics is provided by a qualified consultant and the following findings are made by the planning and environmental commission: A. The parking demand will be less than the requirements identified in section 12-10-10 of this chapter,' and B. The probable long Perm use of the building or structure, based on its design, will not generate additional parking demand; and C. The use or activity is part of a demonstrated permanent program (including, but not limited to, "rideshare" programs, shuttle service, or staggered work shifts) intended to reduce parking demand that has been incorporated into the project's final approved development plan; and D. Proximity or availability of alternative modes of transportation (including, but not limited to, public transit or shuttle services) is significant and integral to the nature of the use or business activity. In reaching a decision, the planning and environmental commission shall consider survey data submitted by a qualified transportation planning or engineering consultant. Projects under "special review" are subject to additional scrutiny by the planning and environmental commission after development plan approval if it is deemed necessary to verify continued compliance with the above listed criteria. The maximum allowable reduction in the number of required spaces shall not exceed twenty five percent (25%) of the total number required under section 12-10-10 of this chapter. Chapter 12: Environmental Impact Reports 12-12-2: APPLICABILITY An environmental impact report shall be submitted to the administrator for any project for which such a report is required by federal or state law, or for any project which the administrator determines may significantly change the environment, either during construction or on a continuing basis, in one or more of the following respects: 10 A. Alters an ecological unit or land form, such as a ridgeline, saddle, draw, ravine, hillside, cliff, slope, creek, marsh, watercourse, or other natural landform feature. 8. Directly or indirectly affects a wildlife habitat, feeding, or nesting ground. C. Alters or removes native grasses, trees, shrubs, or other vegetafive cover. D. Affects the appearance or character of a significant scenic area or resource, or involves buildings or other structures that are of a size, bulk, or scale that would be in marked contrast to natural or existing urban features. E. Potentially results in avalanche, landslide, siltation, settlement, flood, or other land form change or hazard to health and safety. F. Discharges toxic or thermally abnormal substances, or involves use of herbicides or pesticides, or emits smoke, gas, steam, dust, or other particulate matter. G. Involves any process which results in odor that may be objectionable or damaging. H. Requires any waste treatment, cooling, or settlement pond, or requires transportation of solid or liquid wastes to a treatment or disposal site. 1. Discharges significant volumes of solid or liquid wastes. J. Has the potential to strain the capacity of existing or planned sewage disposal, storm drainage, or other utility systems. K Involves any process which generates noise that may be offensive or damaging. L. Either displaces significant numbers of people or results in a significant increase in population. M. Preempts a site with potential recreational or open space value. N. Alters local traffic patterns or causes a significant increase in traffic volume or transit service needs. O. /s a part of a larger project which, at any future stage, may involve any of the impacts listed in this section. 12-12-3: EXEMPT PROJECTS An environmental impact report shall not be required for the following projects: A. Alteration, repair and maintenance of existing structures and site improvements. 8. A phase of a project for which an environmental impact report previously was submitted and reviewed covering the entire project, provided that the project was approved and not subsequently altered. C. A project which, on the basis of a preliminary environmental assessment covering each of the factors prescribed in section 12-12-2 of this chapter is found to have an insignificant impact on the environment. The preliminary environmental assessment and the finding on environmental impact shall be made by the administrator. Chapter 16: Conditional Uses (in part): 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 11 so that they maybe 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 chapfer 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 maybe 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. 12-16-6: CRITERIA; FINDINGS (in part): 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 fhe 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 fhe 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) 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS (in part): 15. Business Offices and Professional Offices in the Housing (H) District: a. Business and professional offices shall be secondary to the residential use of the District. The net floor area of the office use shall be not greater than 15% of the net floor area of the development site. 12 b. The sale of merchandise shall be prohibited. c. Off-street parking shall be provided in accordance with the provisions of Chapter 12-10 of this Title and shall be clearly separate from the area designated for residential parking. d. No overnight parking or storage of commercial vehicles associated with the professional or business office use shall be permitted. e. Signage shall be permitted in accordance with Section 1 ~-6-3-A: Business Signs within Sign District 1 (Title 11: Sign Regulations, Vail Town Code) and shall be subject to design review. f. The number of employees allowed in a business office or professional office within the Housing District shall not exceed one employee for each 200 square feet of net floor area. 24 ~w1p +¢~~~,~ , g. Homeowner Association or property owner approval shall be required of all Conditional Use Permit applications for a Professional Office or a Business Office within the Housing (H) District pursuant to Section 12-11-4: B: D, Application Form, Vail Town Code. Chapter 17: Variances 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. Cosf or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of Chapter 11 of this title, governing physical development on a site. 12-17-6: Criteria and Findings: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 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 wifhouf grant of special privilege. 13 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. 8. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 1 ~ , "`' ~'2:~`"°~#'haf'~t~e~"'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 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. Chapter 21: Hazard Regulations (in part) 12-21-10: DEVELOPMENT RESTRICTED (in part): A. No structure shall be built in any flood hazard zone or red avalanche hazard area. No structure shall be built on a slope of forty percent (40%) or greater except in single-family residential, two-family residential, or two-family primary/secondary residential zone districts. The term "structure" as used in this section does not include recreational structures that are intended for seasonal use, not including residential use. 12-21-14: RIGHT OF APPEAL: Nothing in this chapter shall be deemed to deny any interested person his/her rights to appeal the decision of the administrator in accordance with section 12-3- 3 of this title. In addition, nothing in this chapter shall be deemed to deny any interested person his/her rights to seek a variance from the requirements of this chapter. Variances shall be governed by the provisions of Chapter 17 of this title. 14 Vail Land Use Plan (in part): CHAPTER ll -LAND USE PLAN GOALS /POLICIES 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 genera! 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. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 5. Residential • ~~'. .' ~~ ~ r 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. 15 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. VI. ZONING ANALYSIS Address/Legal Description: 501 North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, Block 2 Parcel Size: 1.0 acre (43,560 sq. ft.) Buildable Lot Area: .511 acres (22,259 sq. ft.) Existing Zoning: Housing (H) District Land Use Designation: Medium Density Residential Hazards: 40% Slope; Medium Severity Rockfall Development Standard Allowed/Required Existinq* Proposed Setbacks All Sides: 20', or Per Development Plan Front(South): 44' 36' Side: East 37' 31' West 25' 4'** Rear (North): 115' 80' Building Height: Per Development 36' 84' Plan Density: EHUs Per Development 24 EHUs 82 EHUs ~5$ Plan DUs 30% total GRFA, or 0 0 Per Development Plan Site Coverage: 23,958 sq. ft. or 6,100 sq. ft. 13,000 sq. ft. 55%; or Per or 14% or 30% Development Plan Landscape Area: 13,068 sq. ft. 37,460 sq. ft. 30,560 sq. ft. ~„i~ C~ucv~~s ~ or 30% or 85% or 70% , , Parking: Spaces/Unit 106 spaces; or Per 27 spaces 81 spaces*** Development Plan Compact 25% allowed; or Unknown 24% or 20 spaces 18 spaces Loading 2 berths; or Per 1 berth 2 berths Development Plan Note: Surface parking improvements on the south side of the property currently encroach into the front 20 foot setback; the applicant is requesting a "variation" from standards prescribed by Section 12-61-8, Parking lh and Loading Standards, Vail Town Code, to construct portions of two surface parking standards within the front and side setbacks. '~ Subterranean parking improvements proposed on the west side of the site will encroach into the 20 foot side setback; the PEC may, at its discretion, approve variations to the required setbacks. "*"` The applicant proposes 81 spaces representing 76% of the required parking for the site (a reduction of 24%), based on multifamily parking requirements Chapter 10, Vail Town Code; of the 81 parking spaces proposed, 73 spaces are covered/within the building (90% of total provided); 61 spaces will serve 82 employee housing units and 20 are proposed to serve 4,850 sq. ft. of office uses. Total parking provided for residential uses averages .7 spaces per employee housing unit and .38 spaces per bed. VII. SURROUNDING LAND USES AND ZONING Land Use Zonina North: Open Lands Natural Area Preservation District South: CDOT R.O.W. N/A East: Open Lands Natural Area Preservation District West: Public School General Use District VIII. REVIEW CRITERIA 1) Develoament Standards and Criteria Pursuant to Section 12-61-13, Development Standards and Criteria for Evaluation, Vail Town Code, the following development standards and review criteria shall be considered in any evaluation of the project: 12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria: A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. Staff Response: Staff believes, overall, the building and site have been designed to be compatible with the site, adjacent properties and the surrounding neighborhood, given a relatively small parcel with significant constraints such as easements and areas over 40% slope. Architecture The architecture presented is compatible with the site, adjacent properties and the surrounding neighborhood. Specifically, Staff believes the proposed design and use of materials, detailing and fenestration, is presented in a consistent and logical manner around the structure. The design reinforces the architectural design and detailing apparent within the Town, specifically within the Vail Village and Lionshead areas. Roof composition, overhangs, eave lines and heights, as well as, dormer design generally enhance the building massing. Proposed concrete "foundation" details on the first two stories are presented to compliment materials and detailing apparent on Red Sandstone Elementary School. Fenestration is generally responsive to the unit layout, yet responds to orientation of the building (passive solar gain). 17 The applicant proposes a concrete form construction technique proposed for the core and shell of the building. The proposed pre-formed panelized system comes textured and colored to emulate stucco and wood. Staff believes that using such materials will produce a long-lasting, relatively maintenance free structure - a benefit to the Owner and residents. Regardless of the materials and construction technique to be used, the applicant generally proposes to use "heavier" materials (concrete and stucco) on the lower portions of the building, with "lighter" materials or textures to represent both horizontally and vertically oriented wood on upper portions of the building and on minor building elements such as dormers. Staff believes the applicant study introducing "lighter" materials and/or textures on the proposed dormer elements. Pursuant to Section 14-10-5, Building Materials and Design, Vail Town Code, concrete is a permitted exterior material, provided however that the surface "shall be treated with texture and color." Staff reminds the applicant that a materials board inclusive of all proposed exterior materials, colors and textures, will be subject to design review. Character Staff believes the plans proposed will enhance the overall character of the surrounding neighborhood. Specifically, the character of the development is consistent with other new construction being completed within the Town. The architecture is compatible with the site and surrounding properties and will also reinforce the design and detailing apparent within the Town. Scale and Massing Staff believes that the applicant has designed the proposed building to meet several objectives and goals of Town and of the Owner. The applicant has done so while working with a significantly constrained site and while attempting to respect adjacent properties and structures. Staff believes that the resulting scale of the building, although somewhat imposing on the site, will generally be compatible with the site - a previously disturbed lot surrounded by steep hillside and rather sparse vegetation, a school site and a main arterial roadway. The scale and massing will surpass any other structures in the surrounding neighborhood (the school). Therefore, the applicant and Commission should discuss the larger issues related to the capacity of this site to absorb the proposed density (EHUs), in relation to the Town's goals to provide sites and to provide incentives to support private, affordable employee housing development by private efforts. Specifically, Staff is still concerned that the proposed height of the building on this site, in conjunction with parking variations being requested could be construed as attempting to "fit" too much residential and office space program on a constrained site. Orientation Staff believes that the applicant has designed the proposed building to meet several objectives and goals of the Town and of the Owner. The applicant has done so while working with a significantly constrained site and while attempting to respect adjacent properties and structures. The building is generally sited in response to several existing site constraints, including 18 several utility easements, slopes in excess of 40% covering much (approximately 50%) of the site, CDOT Right-of-way and setbacks. The plans show approximately 839 square feet of the proposed west wing of the building encroaching into slopes in excess of 40%. The main portion of building mass is oriented along the contours of the site, on an east/west axis. Although this alignment may contribute to the perceived scale and height of the building, Staff believes this orientation also allows for the design to optimize views and solar gain for both passive and active (solar panels) solar energy usage. Staff also believes that the design and orientation of the building are specifically proposed to minimize the amount of disturbance on the site; specifically, although the applicant proposes minor building encroachments into the 40% slope behind the building, most disturbance is concentrated on the most buildable portions of the lot. Building siting and orientation also respond to the existing vehicular access point (to be maintained) along North Frontage Road. Specifically, the applicant's desire to maintain and improve this access point, and the resulting requirements to improve the access angles and driveway gradients to the Town's and CDOT's current standards contribute to the current building location and orientation. 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. Staff Response: Staff believes that, overall, the building and associated improvements, uses and activities are designed to produce a functional development plan that is generally responsive to a small development site with limited buildable area and other constraints. Site Access and Traffic Impacts The applicant proposes site access from the existing road/curb cut along North Frontage Road. While maintaining this access point, the proposed driveway will be re-aligned, causing additional disturbance (grading, excavation, retainage, paving and planting) on the adjacent Town owned property (Tract A), which is zoned Natural Area Preservation (NAP). The applicant has obtained "permission to proceed" through the development review process from the Vail Town Council (i.e. the "property Owner") to allow for improvement on Tract A. In the future, prior to or concurrent with building permit application, the applicant will be required to obtain an access easement from the Town for any re-aligned driveway access across Tract A. In addition, the applicant must commence all necessary planning and permitting necessary through CDOT and any public utility for any improvements within rights-of-way and platted utility easements. Specifically, an access permit from CDOT will be required for any additional road cut along North Frontage Road. 19 The applicant has submitted a Traffic Impact Report, prepared by Peak Land Consultants, and dated February 25, 2008. The purpose of this report is to "determine if the redevelopment of Solar Vail will require auxiliary lanes according to State of Colorado State Highway Access Code." The report generally concludes that the use of the site -including limited office uses, housing for mostly seasonal workers and limited on-site parking -will produce a "low volume" of additional traffic, thus not triggering the construction of additional right or left turn auxiliary lanes. The Town of Vail Public Works Department has reviewed the report by Peak Land Consulting and has used the report to calculate the Traffic Impact Fee to be assessed to the project. Public Works comments are attached for reference (Attachment I). Of note in the Public Works' analysis of traffic impacts and their resultant calculation of fees is the reduction (30% credit) in fees assessed due to the proximity of the project (1,900 feet) to the nearest transit stop. Building Improvements and Activities Staff believes the proposed building design and activities -including limited Professional Office uses for Sonnenalp Properties and an architectural firm, as well as, a substantial amount of employee housing for seasonal employees of Sonnenalp Properties -have been designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. Specifically, the building has been sited and oriented to take advantage of site contours, solar gain, existing disturbance on the site and existing access points. Further, the building design features efficient layout for a substantial number of employee housing units, including studios, 1-bedroom, 3-bedroom and 4-bedroom units. The plan includes limited outdoor areas (courtyard) to be used by residents, however much of the space within the building is proposed for individual living space, not common areas. The building and proposed employee housing uses are located within walking distance to employment centers, mass transit stops, parks and open space, bike paths and pedestrian ways. While it is unlikely that any residents of the building will have school aged children, the building is adjacent to a public school. Staff believes the applicant has responded well to concerns expressed by the School District regarding the probability of Solar Vail residents accessing the school site en-route to pedestrian ways and a mass transit stop. Plans received by the Community Department on March 3, 2008, show a fence and substantial landscape plantings located along the common property line between the Solar Vail site and the Red Sandstone Middle School property (Town owned land). In addition, the applicant has revised plans for a stairway leading from the Solar Vail building, directly to an existing sidewalk located along the north side of North Frontage Road to encourage usage by residents. Staff believes that these design solutions presented effectively address concerns expressed by the School District and the Commission. The Town of Vail Design Review Board will review the fence and landscaping for appropriateness and compliance with Town design standards. 20 Snow Storage The applicant has revised the plans since being reviewed by the Town of Vail Public Works Department to specifically address site plan issues concerning snow storage; more snow storage is now shown at various locations around and along the proposed access driveway. However, snow storage does not meet minimum standards for the site. Section 14-3-2; D, Snow Storage, Vail Town Code, states the following: "Snow Storage: All required parking and access areas shall be designed to accommodate on site snow storage (i. e., within the boundaries of lot and not within the right of way). Turf areas and other areas without trees may be utilized for this purpose." Further, that: "Unheated Drives: A minimum functional area equaling thirty percent (30%) of the paved area shall be provided contiguous to the paved area and designed to accommodate snow storage." The plans currently indicate that approximately 10-13% of the required snow storage area is being provided. Although the site is constrained and there are limited opportunities to provide adequate snow storage within the existing landscape plan, Staff recommends the applicant be required to meet minimum standards for snow storage on the site. Staff understands the applicant's contentions that, as an employee (affordable) housing development, heating the entire driveway and surface parking areas may be cost prohibitive. However, Staff believes there may be opportunities - working with final building plans for mechanical (boiler) locations and landscaping to incorporate small but functional "snow dump" vaults, placed within landscaped areas or adjacent to driveway or surface parking areas that could effectively serve as centralized snow melt basins. In addition, Staff believes geothermal heating of driveway and surface parking areas is a viable alternative for sustainable snow melt with long-term benefits to the building owner. This issue must be resolved by the applicant prior to any application for design review for Solar Vail. 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. Staff Response: Functionality and Aesthetics The applicant has submitted revised site, drainage and landscape plans generally demonstrating that open space and landscaping are functional and aesthetic. As plans are further developed, they should be coordinated to ensure that all site disturbance is mitigated, all site drainage does not cause adverse impacts on neighboring properties and that proposed re-vegetation 21 (new plantings) is proposed in areas that will have the highest benefit for the residents of the proposed development, as well as for the neighboring property owners and general public. Specifically, plans should be developed to ensure coordination between existing and proposed site grading, retainage and drainage. Preservation and Enhancement of the Site The proposed building, driveway and retainage improvements are proposed almost entirely within areas of the site that have previously been disturbed and/or developed. Staff believes the proposed plans demonstrate that site disturbance will be minimized and properly mitigated, thus preserving the natural qualities of the site. Further, Staff believes the revised landscape plan -including substantial deciduous and evergreen tree and shrub species, ground covers and native grass and wildflower seed mixes -will greatly enhance the site while blending the building to the surrounding area. Staff encourages the applicant to study landscape (planting) and re-vegetation plans to address or enhance those areas of the site that have been previously disturbed by development. Staff reminds the applicant that as plans are further developed, a site re-vegetation and erosion control plan will be required showing details of all areas to receive native re-seeding, as well as specifying rates of application, and temporary irrigation to be used. In addition, final landscaping and re-vegetation plans should show locations where "transplanted" Sage and Rabbitbrush will be planted along or near limits of disturbance, to ensure that limits of disturbance are blended back into the natural areas of the site. Open Space Access and Use Staff believes despite limited opportunities for access and use by the residents of any usable "open space", the proposed landscaping is both functional and aesthetic, is designed to preserve and enhance the natural features of the site, allow opportunities for access and use by the residents, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. Staff believes the applicant should continue to develop the landscape plan to incorporate more plantings on the south and east sides of the subject property, and perhaps on the neighboring properties (with express approval from the Town of Vail, the "Property Owner") to provide additional buffering and blending of the structure with the surrounding area and specifically to mitigate apparent building bulk and mass as viewed from I-70 and the North Frontage Road. Buffering Staff believes the revised landscape plan provides better blending or buffering of the building to the site. The applicant has added plantings, both on the east and west sides of the development, to aid in blending the new building and disturbed areas to the surrounding areas and specifically to provide separation (in conjunction with a fence) along the west property line between Solar Vail and Red Sandstone Elementary School. D. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. 22 Staff Response: The applicant proposes pedestrian and vehicular circulation systems which address internal and external circulation needs. The plans show an improved access drive, staging areas for Fire Department use, a hammer head designed to allow proper maneuvering and exiting, and short term surface parking spaces for office uses. The plan includes two levels of structured parking for residents and office uses. The plans also include new concrete pathways and stairs which provide access to and from the existing sidewalk along North Frontage Road. Staff believes this configuration also provides for better separation of employee housing uses on the site from the adjacent school property, by routing residents of the Solar Vail building directly to the sidewalk rather than encouraging continued travel through the school site. E. Environmental ~ir~pach~ 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. Staff Response: Environmental Impact Report Based on the provisions of Sections 12-12-2, Applicability, and Section 12- 12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the requirement for an Environmental Impact Report on this already developed site. Hazard Areas The subject property is located within areas identified as "Medium Severity Rockfall" on the Town of Vail Official Rockfall Hazard Map. As such, the applicant will be required to submit a site specific geologic investigation prior to or concurrent with any application for a building or grading permit on the site. F. Compliance with the Vail comprehensive plan and other applicable plans Staff Response: Staff believes that the proposed plans are in general compliance with the Vail Comprehensive Plan and other applicable plans. Specifically, Staff believes the following goals from the Vail Land Use Plan are applicable to and support the review of this proposed development plan: 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. 23 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. ~.. ~~ s ~,~ 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. 2) Conditional Use Applications and Review Criteria The applicant proposes three separate conditional uses within the project, for Professional Office Uses. Type Vl Employee Housing and Public Utilities Installations includina Transmission Lines and Appurtenant Eauipment. All three conditional uses shall be reviewed separately according to Sections 12- 16-6, Criteria and Findings. Each conditional use is being proposed as "secondary and incidental to the use of employee housing". Pursuant to Section 12-61-3, Conditional Uses: "The following uses shall be permitted in H district, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing..." 24 Staff believes that proposed Type VI Employee Housing is a primary use, despite being classified as a conditional use. Proposed Professional Office Use, and Public Utilities Installations including Transmission Lines and Appurtenant Equipment uses are secondary and incidental to the use of employee housing. Professional Office Uses: Staff believes Professional Office use for Sonnenalp Properties administrative services represents a use that is "secondary and incidental''to the use of employee housing -specifically serving the needs of the residents, who will most likely be employees of Sonnenalp Properties. These uses are proposed to occupy approximately 50% of the total square footage of office space within the building. However, Staff questions the use of office space for an architectural office as a use "specifically serving the needs of the residents of the development..." Staff recommends that, in addition to the applicant linking 3.1 beds within the development to the total office square footage, the employee housing plan is revised to specifically ensure that employees of the architectural office are provided opportunities to live on-site (live/work) to justify these office uses as "secondary and incidental" and "specifically serving the needs of the residents of the development." If this provision is made within the employee housing plan approved by the Commission, Staff believes that the intent - to ensure that conditional uses are secondary and supportive of employee housing uses -will be met. 12-16-6: CRITERIA; FINDINGS (in part): Relationship and impact of the use on development objectives of the town. Staff response: Staff believes the proposed development generally meets several development objectives of the Town. Specifically, the applicant proposes to replace aging employee housing currently of limited benefit to the applicant and to the Town, and to replace that housing with 82 new, deed restricted employee housing units of varying sizes, as well as, new office space within the Town,. and within close proximity (walking distance) to the Village. The development, specifically the proposed Professional Office uses, is located in close proximity to public transit routes, vehicular and pedestrian transportation routes. Staff believes the following goals from the Vail Land Use Plan are applicable to and support the review of this proposed conditional use: 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. 25 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas) 2. Skier /Tourist Concerns P. 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 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. Staff response: Staff believes the proposed conditional use will have little or no adverse impacts on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Specifically, Staff believes that the provision of additional, new office space within the Town and in close proximity to housing, the Vail Village and Lionshead, vehicular and pedestrian transit routes, a public school, public park and recreation facilities, and public transit will generally have beneficial impacts on the community. 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. Staff response: Staff believes the proposed conditional use will have little or no adverse impacts upon traffic (congestion) in the area. Specifically, the provision of increased employee housing density on this existing residential site, in combination with limited office usage and limited parking available on site, will reduce the amount of cars entering and exiting the development and generally encourage use by residents of public transportation. In addition, the design of the driveway improvements, inclusive of a hammer head will enhance the ability of vehicles, including emergency vehicles, to maneuver on the site. The plans generally demonstrate that the development will function (internally) and not adversely impact automotive and pedestrian circulation, safety and convenience off-site. As well, parking provided on site -for residents, business operations and guests -will provide a safe and efficient relationship with traffic on North Frontage Road. The provision of a hammerhead is critical to the functionality of the internal circulation plan for 26 the site. The applicant has provided engineered plans showing the turning motions (turning radii) of a typical emergency services vehicle (fire truck), demonstrating that vehicles will be able to exit the site in a forward gear on to an arterial roadway and bus route. As plans for the site are further developed and, prior to or concurrent with any application for Design Review, the applicant should develop a strategy (signage and grounds management plan) to ensure that the hammerhead is maintained in the winter months free from snow storage and accumulation - to ensure use by all vehicles, and especially emergency services vehicles. The applicant has submitted a Traffic Impact Report, dated February 25, 2008. The purpose of this report is to "determine if the redevelopment of Solar Vail will require auxiliary lanes according to State of Colorado State Highway Access Code." The Town of Vail Public Works Department has reviewed the report by Peak Land Consulting and has used the report to calculate the Traffic Impact Fee to be assessed to the project. The report generally concludes that the use of the site -including limited office uses, housing for mostly seasonal workers and limited on-site parking -will produce a "low volume" of additional traffic, thus not triggering the construction of additional right or left turn auxiliary lanes. 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. Staff response: Staff believes that the proposed development will generally have a positive effect, overall, on the character of the surrounding area. Although the bulk and scale of the proposed building well surpasses the existing Solar Vail structure on the site, Staff believes that the applicant has designed the building to generally work with the site while accommodating a significant amount of building (space) program. This has been accomplished working with a relatively small site with significant constraints, such as easements covering approximately 75% of the site, as well as, slopes in excess of 40% covering another 50% of the site. The bulk, scale and massing of the building generally aligns with the contours of the site. Benching the building into the site would require a variance to develop on slopes greater than 40%. Benching or stepping the foundation, building and roof forms into the hillside would also impact the financial viability of this privately financed project to provide employee housing within the Town. The applicant proposes a type of construction (concrete form) that is cast effective and sustainable, but that may not allow for maximum flexibility in design options. However, Staff is concerned about the introduction of an eight story mass on this highly prominent site. Again, for the above stated reasons, Staff understands the applicant's approach to the design of the proposed building. However, Staff believes the applicant and Commission should discuss the larger issues related to effective and efficient development of the site, with specific attention paid to any alternative massing of building and roof forms to better "step" the building up the site. 27 5. Such other factors and criteria as the commission deems applicable to the proposed use. Staff Response: Staff does not recommend any other factors or criteria are applicable at this time. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title. Staff Response: Based on the provisions of Sections 12-12-2, Applicability, and Section 12- 12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the requirement for an Environmental Impact Report on this already developed site. Type VI Employee Housing: The Housing District is intended to "provide adequate sites for employee housing..." Type VI Employee Housing units are allowed only as a conditional use. In addition, the applicant requests review of conditional use permits for: Public Utilities Installations including Transmission Lines and Appurtenant Equipment; and Professional Offices. Although the Housing District is intended to "provide adequate sites for employee housing", Type VI Employee Housing units are allowed only as a conditional use. In addition, the applicant requests review of conditional use permits for: Public Utilities Installations including Transmission Lines and Appurtenant Equipment; and Professional Offices. Employee Housing Plan In accordance with the provisions of the Housing District, the applicant has submitted a conditional use permit for Type VI employee housing units. Pursuant to Section 12-13-3, the applicant has provided an Employee Housing management plan for review by the Commission (Attachment E). Section 12-13-3, sub-paragraph E, Vail Town Code, states the following: "E. Written Management Plan For Type VI EHUs: For the purposes of this title, a type VI EHU is an EHU which shall be governed by a written management plan or other written program approved by the planning and environmental commission. The management plan is the principal document in guiding the use of a type VI EHU. The management plan shall be reviewed and approved by the planning and environmental commission as part of the conditional use permit application for a type VI EHU in accordance with chapter 16 of this title. 1. Management Plan Contents: a. Parameters: The management plan shall include all relevant material and information necessary to establish the parameters of the type Vl EHUs. 28 b. Exclusive Use: The management plan shall demonstrate that the type VI EHUs are exclusively used for and remain available for employee housing. c. Notice Of Record: The management plan shall provide a mechanism to provide adequate notice of record to prospective owners to ensure that the requirements of the plan shall be met with any future changes in ownership. d. Occupancy. The management plan shall include adequate provisions to ensure that the EHUs shall be occupied, and shall not remain vacant for a period to exceed three (3) consecutive months. e. Affidavit: No later than February 7 of each year, the owner of a type VI EHU shall submit to the department of community development one copy of a sworn affidavit on a form from the department of community development, to establish that the EHU has been used in compliance with the management plan. f. Other Ifems: The management plan shall include such other items as the planning and environmental commission or the administrator deems necessary." Staff believes the plan addresses each of the above parameters or criteria. Specifically, the plan outlines the number and type of employee housing units to be provided within the development and specifies that such units will be for rental purposes only. The plan specifies that rentals will be controlled by the applicant's property management company, to be housed on-site within the proposed professional office space. The plan calls for priority to be given employees working in the Town of Vail and for rents to remain "attainable". The plan calls for all units to be deed restricted per the Town of Vail requirements. Deed restrictions, to be recorded prior to the developer requesting a Certificate of Occupancy for the building, will be "by unit". The plan specifically addresses deed restricted units existing today within the existing Solar Vail building. These units total approximately 5,730 square feet. These units will be replaced in the new development and will be deed restricted under a "blanket" type deed restriction, per the recommendation of the Town of Vail Housing Coordinator. The plan proposes to link office space (4,850 square feet proposed) to employee housing units through deed restriction assignment. Specifically, the proposed office space will generate a mitigation rate of 3.1 employees. Therefore, the applicant proposes to dedicate or assign 3.1 beds to the building owner. Staff views this provision (of providing the minimum on-site mitigation) as limiting the potential for a true "live/work" situation within this project. Simply, Staff encourages the applicant to consider the number of employees that will be employed at the architectural offices planned for the site, as well as the administrative employees that will use the Sonnenalp properties spaces and to ensure that those employees are afforded an opportunity to live and work on the site. Staff recommends the employee housing plan be revised to ensure that employees of the architecture( office are provided opportunities to live on-site and that the plan specifies which units will be deed restricted to mitigate office uses. In addition, the plan should be revised to specify how the 3.1 beds will be tied to dedicated parking spaces within the building. The plan specifies that the type VI EHUs 29 will exclusively be used for and remain available for employee housing. The plan should be revised to provide more details regarding provisions to ensure proper and optimal occupancy. Staff recommends the plan be revised to ensure that deed restrict unit(s) assigned to office uses (mitigation) also be linked to dedicated parking spaces within the building and that the applicant continue to study the housing plan and the proposed ownership and deed restriction structure to ensure that a true "live/work" opportunity is afforded to employees of any professional offices working within the building. In addition, any deed restrictions recorded will be required to meet Town of Vail regulations in place at the time of recording, including but not limited to, any future requirement to classify the restrictions as Type "CL" (Commercial Linkage) or "IZ" (Inclusionary Zoning) according to text amendments currently proposed by Community Development Staff. 12-16-6: CRITERIA; FINDINGS (in part): 1. Relationship and impact of the use on development objectives of the town. Staff response: Staff believes the proposed conditional use generally meets several development objectives of the Town. Specifically, the applicant proposes to replace aging employee housing currently of limited benefit to the applicant and to the Town, and to replace that housing with 82 new, deed restricted employee housing units of varying sizes within the Town, and within close proximity (walking distance) to the Vail Village and Lionshead areas. The development, specifically the provision of a significant amount of employee housing, is located in close proximity to public transportation routes, vehicular and pedestrian transportation routes. Staff believes the following goals from the Vail Land Use Plan are applicable to and support the review of this proposed conditional use: 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. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas) 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. 30 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. 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. Staff Response: Staff believes the proposed conditional use will have little or no adverse impacts on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Specifically, Staff believes the provision of increased employee housing density in close proximity to the Village and employment centers, public transit, vehicular and pedestrian transportation routes, a public school, public park and recreation facilities will generally have beneficial impacts on the community. However, the School District has expressed their concern regarding the increased number of employee housing units being proposed next to Red Sandstone Elementary School. Specifically, the District has stated that the continued use of the property for employee housing, and the potential continued use of pedestrian pathways from the Solar Vail site, across the School parking lot and playground to the adjacent land bridge may result in an increase in conflicts between residents of Solar Vail, and school uses. At the February 25, 2008, Planning and Environmental Commission work session to discuss the proposal, the School District suggested that the existing path from Solar Vail to the school parking lot/driveway be eliminated and that a fence be erected between the two properties to ensure that residents of Solar Vail do not continue to use the school property as a "short cut" to the transit stop and the land bridge. The applicant has responded to these concerns by revising the plans to incorporate a fence and additional landscaping between the two properties. The applicant has also revised the design of a new walkway and stairs leading from Solar Vail to the sidewalk directly to the south of the proposed Solar Vail building, These issues should be evaluated by the Commission and the applicant should be prepared to discuss new information (revised plans showing a fence and landscaping) provided. Overall, Staff believes the development will not adversely impact Town services, facilities and facilities needs. The applicant has provided a traffic impact report demonstrating that the development will have minimal adverse 31 impact on public facilities, or require significant additional public facilities (transportation improvements) to service the development in the future. As plans are developed further, and prior to or concurrent with any application for Design Review, staff suggest that a lighting plan be developed which meets the Town's lighting standards and which strives minimize the impact of exterior lighting for this building via the use of full cut-off and recessed fixtures. 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. Staff Response: Staff believes the proposed conditional use will have no adverse impacts upon traffic (congestion) in the area. Specifically, the provision of increased employee housing density on this existing residential site, in combination with limited office usage and limited parking available on site, will reduce the amount of cars entering and exiting the development and generally encourage use by residents of public transportation. In addition, the design of the driveway improvements, inclusive of a hammer head will enhance the ability of vehicles, including emergency vehicles, to maneuver on the site. The plans generally demonstrate that the development will function (internally) and not adversely impact automotive and pedestrian circulation, safety and convenience off-site. As well, parking provided on site -for residents, business operations and guests -will provide a safe and efficient relationship with traffic on North Frontage Road. The provision of a hammerhead is critical to the functionality of the internal circulation plan for the site. The applicant has provided engineered plans showing the turning motions (turning radii) of a typical emergency services vehicle (fire truck), demonstrating that vehicles will be able to exit the site in a forward gear on to an arterial roadway and bus route. As plans for the site are further developed and, prior to or concurrent with any application for Design Review, the applicant should develop a strategy (signage and grounds management plan) to ensure that the hammerhead is maintained in the winter months free from snow storage and accumulation - to ensure use by all vehicles, and especially emergency services vehicles. The applicant has submitted a Traffic Impact Report, dated February 25, 2008. The purpose of this report is to "determine if the redevelopment of Solar Vail will require auxiliary lanes according to State of Colorado State Highway Access Code." The Town of Vail Public Works Department has reviewed the report by Peak Land Consulting and has used the report to calculate the Traffic Impact Fee to be assessed to the project. The report generally concludes that the use of the site -including limited office uses, housing for mostly seasonal workers and limited on-site parking -will produce a "low volume" of additional traffic, thus not triggering the construction of additional right or left turn auxiliary lanes. 32 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. Staff Response: Staff believes that the proposed development will generally have a positive effect, overall, on the character of the surrounding area. Specifically, although the bulk and scale of the proposed building well surpasses the existing Solar Vail structure on the site, Staff believes that the applicant has designed the building to fit the site and to accommodate a significant amount of building (space) program. This has been accomplished while working with a relatively small site with fairly significant constraints, such as slopes in excess of 40% covering approximately 50% of the site. The bulk, scale and massing of the building generally aligns with the contours of the site. The applicant has revised the plans to step certain portions of the building (west wing) up the adjacent slopes. However, further benching or stepping the foundation, building and roof forms into the hillside would also impact the financial viability of this privately financed project to provide employee housing within the Town. The applicant proposes a type of construction (concrete form) that is cost effective and sustainable, but that may not allow for maximum flexibility in design options. However, Staff is concerned about the introduction of an eight story mass on this highly prominent site. Again, for the above stated reasons, Staff understands the applicant's approach to the design of the proposed building. However, Staff believes the applicant and Commission should discuss the larger issues related to effective and efficient development of the site, with specific attention paid to any alternative massing of building and roof forms to better "step" the building up the site. Inherent in this discussion should be the Commission's feedback relative to a potential variance for development on slopes in excess of 40%. Critical to this discussion is the need for the Commission to provide clear direction and feedback relative to the overall bulk, mass and absolute height of the proposed building prior to the applicant proceeding forward in the development review process. The applicant should be prepared to provide justification and evidence supporting the proposed design of the structure relative to the surrounding neighborhood. 5. Such other factors and criteria as the commission deems applicable to the proposed use. Staff Response: Staff does not recommend any other factors or criteria are applicable at this time. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 72 of this title. Staff Response: Based on the provisions of Sections 12-12-2, Applicability, and Section 12- 12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the requirement for an Environmental Impact Report on this already developed site. 33 Public Utilities Installations including Transmission Lines and Appurtenant Equipment 7. Relationship and impact of the use on development objectives of the town. Staff response: Staff believes the proposed conditional use generally presents a positive relationship with, and impact on, the development objectives of the Town. Specifically, the applicant proposes to replace telecommunications antennae approved for installation on the existing Solar Vail buildings with new "vertically polarized" panel antennae. The continued service of telecommunication devices in this location within the Town of Vail is considered an important service to residents and guests, travelers and emergency services providers. Installation of multiple panel antennae on the new Solar Vail building is proposed on the east and west sides of the building; to be mounted on the top floor of the building and on "chimney" elements. The applicant proposes to paint the antennae to match the exterior color of the building materials. 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. Staff Response: Staff believes that the proposed conditional use will have little or no adverse impacts on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Specifically, staff believes that the continued provision of telecommunications devices for cellular phone service will have a positive impact on the distribution of critical utility installations including transmission lines and appurtenant equipment within the Town. 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. Staff Response: Staff believes the proposed conditional use will no negative impacts upon traffic congestion in the area. 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. Staff Response: Staff believes that the proposed conditional use will have minimal adverse effect, overall, on the character of the surrounding area. Specifically, the new 34 antennae proposed generally have a flat profile and can be painted to match the exterior materials of the building without voiding the manufacturers warranty or precluding effective transmission of telecommunications (microwave) signals. 5. Such other factors and criteria as the commission deems applicable to the proposed use. Staff Response: Staff does not recommend any other factors or criteria are applicable at this time. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title. Staff Response: Based on the provisions of Sections 12-12-2, Applicability, and Section 12- 12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the requirement for an Environmental Impact Report on this already developed site. 3) Variance Application and Review Criteria The applicant proposes to construct approximately 839 square feet of the west wing of the building within areas that have been previously disturbed and that are in excess of 40% slope on the north side of the building. Based on information available (site plan) from the original 1976 architectural plans for Solar Vail, Staff believes the area behind the existing Solar Vail buildings only exceeds 40% slope due to previous development (grading and excavation) of the parcel and that the applicant's plans minimize additional disturbance and, therefore, maintain or provide the necessary separation between the building and sensitive areas. Chapter 21, Hazard Regulations, Vail Town Code, restricts development within such areas. Section 12-21-10, Development Restricted, Vail Town Code states (in part): "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. " Pursuant to Chapter 17, Variances, Vail Town Code, the applicant will be required to apply for a variance to allow for construction of the structure within these areas. Section 12-17-1, Purpose, states: "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 35 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. " Further, that: "Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 7. 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." The Commission has, in previous meetings with the applicant, expressed general support for minor encroachments of building/structure to be constructed within areas of previously disturbed, 40% slope to facilitate the development of privately funded employee housing within the Town. In addition, the Commission has consistently held that the configuration of existing sites and buildings are a hardship that may justify the granting of a variance from the Town's current zoning regulations The applicant has been required to apply for a variance and to address all applicable criteria and findings. If a variance from this specific development standard is not granted, the applicant will be required to revise the proposed development plans to specifically remove any and all building improvements from any areas of the lot identified as being in excess of 40% slope. Staff believes that the requested variance to develop a portion of the proposed structure within previously disturbed areas of the site greater than 40% slope are in compliance with the criteria as follows: 7. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff Response: According to Section 12-21-1, Purpose, Hazard Regulations, Vail Town Code, the purpose of the hazard regulations is: "to help protect the inhabitants of the Town from dangers relating to development of flood plains, avalanche paths, steep slopes and geologically sensitive areas; to regulate the use of land areas which may be subject to flooding and avalanche or which may be geologically sensitive; and further to regulate development on steep slopes; to protect the economic and property values of the Town, to protect the aesthetic 36 and recreational values and natural resources of the Town, which are sometimes associated with flood plains, avalanche areas and areas of geological sensitivity and slopes; to minimize damage to public facilities and utilities and minimize the need for relief in cleanup operations; to give notice to the public of certain areas within the Town where flood plains, avalanche areas and areas of geologic sensitivity exist; and to promote the general public health, safety and welfare. " As described in this memo, the applicant is proposing to develop within areas of Lot 8B that are documented as being previously disturbed by development (grading and construction of two structures). The Solar Vail re-development proposal will impact slopes in excess of 40%. However, as stated previously in this memo, Staff believes areas of Lot 8B behind the existing Solar Vail buildings only exceed 40% slope due to previous development (grading and excavation) of the parcel and that the applicant's plans minimize additional disturbance. As well, the plans -including additional site retainage and re- vegetation of slopes behind Solar Vail -could be construed as providing additional mitigation and protection against dangers relating to development of steep slopes. As such, Staff believes that the development proposal complies with the intent of the hazard regulations and that any possible negative impacts of developing on steep slopes will have been successfully mitigated. Mitigation of geologic hazards is an accepted practice as documented in the Town of Vail Hazard Regulations (ie, debris flow, rock fall, snow avalanche). 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. Staff Response: The applicant proposes to disturb approximately 839 square feet of previously disturbed area behind the existing Solar Vail buildings. Staff has reviewed plans and documents (geotechnical reports) on file for the Red Sandstone Middle School Gymnasium, Vail Potato Patch, Block 2, Lot 8A, located to the west and directly adjacent to Solar Vail. Plans for the Gymnasium were approved by the Planning and Environmental Commission on February 23, 2004. Following review of the files and plans, Staff believes that the gymnasium construction, including cuts (excavation) of 25-30 feet, was approved and completed on slopes in excess of 40%. Using survey information contained in permit plan sets for the Middle School and Gymnasium, Staff calculates the original slopes of the Gymnasium site to be approximately 44%. The aforementioned geotechnical report confirms this, by reporting that slopes within the development site for the Gymnasium were "up to 50%". Whether in error or not, Staff believes the construction of the Gymnasium, on the site directly adjacent to the Solar Vail property, was approved on slopes in excess of 40%. Therefore, Staff recommends that the requested variance for the Solar Vail development within areas of 40% slope will not constitute a grant of special privilege. 37 In comparison, Middle Creek employee housing, also within the Housing (H) District, was not permitted to develop in slopes in excess of 40%. However Staff believes that the Solar Vail site is inherently different, or unique, due to previously mentioned site constraints and the fact that large portions of the existing site exceed 40% slopes due to previous development activity. As stated above, the purpose of the hazard regulations is to protect and preserve the integrity of steep slopes and the inhabitants of the Town. Through the development of the site, areas of 40% slope will either be left in their current state, or be mitigated through the design of subterranean parking and building foundation walls, re-vegetation and additional plantings to stabilize existing slopes in excess of 40% slope. Staff believes the applicant is requesting a minimum degree of relief from the strict or literal interpretation and enforcement of the regulation in order to achieve compatibility and uniformity of treatment among sites in the vicinity, and 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. Staff Response: Staff believes the variance request will have little, if any, negative impacts on the criteria described above. The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same 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 apply generally to other properties in the same zone. 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 district. 38 4) Variations from Housing District Development Standards The applicant proposes two variations to the development standards established for the Housing (H) District: setback variations and parking variations. Setback Variations The applicant is proposing variations to setbacks for building improvements and for surface parking space improvements within required setbacks. Pursuant to Section 72-61-8, Parking and Loading, Vai! Town Code: "12-&I-5: SETBACKS: The setbacks in this district shall be twenty feet (20) from the perimeter of the zone district. At the discretion of the planning and environmental commission, variations to the setback standards may be approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmenfallysensilive 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. " The applicant has provided a written response to each of the above listed criteria entitled Side Setback Variance Reauest for the Housina (H) District (Attachment F). Staff believes that the proposed variations to certain development standards within the Housing District are in compliance with the criteria as follows: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. Staff Response: Staff believes the proposed building setback on the west side of the building will provide the necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. Specifically, there are no riparian areas or other environmentally sensitive areas identified on the site, and the applicant will be required to submit a site specific geologic investigation in conjunction with any building permit application to specifically address areas of "moderate hazard rockfall" identified on Lot 8B. B. Proposed building setbacks will provide adequate availability of light, air and open space. Staff Response: Staff believes the proposed building setbacks will provide adequate availability of light, air and open space on the site and for the surrounding 39 areas. Specifically, the proposed building is approximately ten feet closer on the western side of the property, to any buildings on the School District site. Although the proposed building is substantially higher than the existing three story structures, Staff believes that there will be no substantial impact on the distribution of light and air on the adjacent property. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. Staff Response: Approximately 300 square feet of subterranean parking (4 parking spaces on two levels below grade) are proposed to encroach within the side setback. Given the subterranean nature of the proposed encroachment, Staff believes the proposed setback of 4 feet on the west side of the property will provide a compatible relationship with buildings (a school and gymnasium) 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. Staff Response: Due to several site constraints such as multiple (3) utility easements, an existing road/curb cut for access and slopes in excess of 40% covering a large portion of the site, Staff believes the proposed setbacks are the result of creative design solutions. Further, Staff believes by permitting a variation to the side setback, public benefits of a privately funded employee housing project within the Town will be realized, that could not otherwise be achieved by conformance with prescribed setback regulations. Regardless of any variation approvals, Staff recommends the applicant commence with all required planning and permitting with the Eagle River Water and Sanitation District regarding any proposed improvements within platted easements and the status of any live utilities. Parking and Loading Variation Pursuant to Section 12-61-8, Vail Town Code: "Off street parking shall be provided in accordance with Chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in Chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than Chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. 40 8. A limifation 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." The Applicant is proposing to provide 81 parking spaces rather than the total spaces (106) required pursuant to Chapter 10, Off Street Parking and Loading Standards, Vaii Town Code. This represents 76% of the required parking, or a 24% reduction in the number of required parking spaces. 61 spaces are provided for 82 employee housing units (74% of the required residential spaces), while 20 spaces will be reserved for office uses (100% of required office spaces). As well, 2 loading and delivery spaces (also to function as part of an approved Fire Department staging area) are provided in front of the building. Proposed parking for residential uses produces an average of .74 spaces per EHU and .38 spaces per "bed". Parking for residential (EHU) uses is proposed in a tandem configuration within two levels of structured parking. Parking for office uses (20 spaces) is provided on the second level of structured parking, and is shown on plans as being separated from residential parking. The applicant proposes to construct portions of two surface parking spaces within the 20 foot front setback and four subterranean parking spaces within the required 20 foot (west) side setback. Given the constrained nature of this development site, Staff recommends that the Commission grant a variation to allow for the construction of parking spaces within the front and side setbacks. The applicant has provided a "parking management plan" (Attachment D) outlining and addressing self imposed contractual restrictions tied to employment contracts to limit the number of vehicles permitted per tenant (or per unit), and defining how the shared tandem spaces will function. The plan proposes to assign tandem parking spaces to three and four-bedroom tenants. By way of background, the Commission provided direction at their August 27, 2007, that a variation to parking standards was appropriate, in concept, in order to facilitate development of privately funded employee housing within the Town. Staff believes the parking management plan, as submitted, starts to address the availability of alternative modes of transportation, as well as, self imposed restrictions on the number of vehicles allowed per tenant or unit. However, Staff recommends such limitations on the number of cars per unit should be explicit within the actual deed restrictions for each unit in this development. In addition, the applicant should be required to ensure that signage is installed within the parking areas designating "office" parking and "residential/tenant" parking. Pursuant to Section 12-61-8, Vail Town Code, the following criteria are applicable to review of this request for a parking variation: 41 A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. Staff Response: The proposed development is within 1,900 feet of a public transit stop. In addition, the development is within close proximity to pedestrian pathways and is within walking distance to Lionshead and Vail Village. 8. A limitation placed in the deed restrictions limiting the number of cars for each unit. Staff Response: Staff believes the applicant should be required to amend the parking management plan to ensure the limitations proposed, assigning tandem parking spaces to 3 and 4 bedroom units, are made part of deed restrictions for each applicable unit. In addition, Staff recommends that the parking management plan, in conjunction with the employee housing plan submitted, expressly tie the 3.1 employee housing "beds" required for office uses to dedicated parking spaces within the building. In comparison to the review of a request for variation to parking standards, pursuant to Section 12-61-8, Vail Town Code, and the above listed criteria, are the "Special Review Provisions" provided in Section 12-10-20, Vail Town Code. Established via Ordinance No. 9, Series of 2000, the following findings were established to allow the Planning and Environmental Commission to review requests for reductions to the number of required parking for projects within Vail's Commercial Core areas: "A. The parking demand will be less than the requirements identified in section 12-10-10 of this chapter; and 8. The probable long term use of the building or structure, based on ifs design, will not generate additional parking demand; and C. The use or activity is part of a demonstrated permanent program (including, but not limited to, "rideshare" programs, shuttle service, or staggered work shifts) intended to reduce parking demand that has been incorporated into the project's final approved development plan; and D. Proximity or availability of alternative modes of transportation (including, but not limited to, public transit or shuttle services) is significant and integral to the nature of the use or business activity. In reaching a decision, the planning and environmental commission shall consider survey data submitted by a qualified transportation planning or engineering consultant. Projects under "special review" are subject to additional scrutiny by the planning and environmental commission after development plan approval if it is deemed necessary to verify continued compliance with the above listed criteria. The maximum allowable reduction in the number of required spaces shall not exceed twenty five percent (25%) of the total number required under section 12-10-10 of this chapter" 42 The applicant is requesting a 24% overall reduction in required parking and Staff believes the proposed parking plan meets the above criteria A-D. IX. STAFF RECOMMENDATION Development Plan The Community Development Department recommends the Planning and Environmental Commission approves, with conditions, the site specific development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve the proposed development plan, Staff recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the applicant's request for a site specific development plan for the Solar Vail property, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, subterranean parking, and public utilities installations including transmission lines and appurtenant equipment, located at 509 North Frontage Road West, Lot 88, Block 2, Vail Potato Patch, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve the development plan for Solar Vail, Staff recommends the Commission make the following findings part of the motion: "1. That the building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood, based upon the review outlined in Section V/ll of the Staff's March 24, 2008, memorandum to the Planning and Environmental Commission; 2. That the 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, based upon the review outlined in Section Vlll of the Staff's March 24, 2008, memorandum to the Planning and Environmental Commission; 3. That the open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of fhe site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and 43 surrounding properties, and when possible, are integrated with existing open space and recreation areas, based upon the review outlined in Section Vlll of the Staff's March 24, 2008, memorandum to the Planning and Environmental Commission; 4. That a pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development, based upon the review outlined in Section Vlll of the Staff's March 24, 2008, memorandum to the Planning and Environmental Commission; 5. That 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, based upon the review outlined in Section Vlll of the Staff's March 24, 2008, memorandum to the Planning and Environmental Commission; and 6. That the plans are in compliance with the Vail comprehensive plan and other applicable plans. " Should the Planning and Environmental Commission choose to approve the development plan, Staff recommends the following conditions: Prior to Aoolication for Building Permits The Developer revise the Employee Housing Mitigation Plan to ensure that deed restrict unit(s) assigned to office uses (mitigation) also be linked to dedicated parking spaces within the building and that the applicant continue to study the housing plan and the proposed ownership and deed restriction structure to ensure that a "live/work" opportunity is afforded to employees of any professional offices working within the building; 2. The Developer shall revise the plans prior to or concurrent with any application for Design Review to ensure the minimum standards for snow storage are met on-site; 3. Prior to or concurrent with any application for Design Review, the Developer shall submit a Master Sign Program and install signage within the parking areas designating "office" parking and "residential/tenant" parking. Any plan submitted shall included provisions regulating maintenance of the hammerhead in the winter months free from snow storage and accumulation to ensure use by all vehicles; 4. The Developer shall be required to submit a detailed and final lighting plan, showing all fixture locations, fixture types and lumens/output; such plan should be accompanied by cut sheets for each proposed fixture in conjunction with any Design Review application; 44 5. The Developer shall be required to submit a final site re-vegetation and erosion control plan inclusive of details showing all areas to receive native re-seeding and specifying rates of application, as well as temporary irrigation to be used, with any Design Review application; 6. The Developer shall submit final details for Design Review for any fence to be located between the Red Sandstone Elementary School site and Solar Vail. Detailing for any fence shall compliment and otherwise match the materials, textures and colors used on the Solar Vail building; 7. The Developer shall be required to provide a building code and fire code analysis with any submittal for building permit; 8. The Developer shall obtain an access easement agreement from the Town of Vail for any and all driveway, grading, draingage, retainage, planting or other ancillary improvements on, over or across Town owned Tract A. Such agreement shall be required to be executed prior to or in conjunction with any building permit application. 9. The Developer submits a complete set of civil engineered drawings of the Approved Development Plans including the required off site improvements, to the Town of Vail Community Development Department for review and approval of the drawings, prior to making application for the issuance of a building permit for the Solar Vail building improvements; 10. The Developer submits a site specific geologic investigation in conjunction with any building permit application, in accordance with Section 12-21-15, Vail Town Code, for any proposed development within a mapped Rock Fall Hazard areas; 11. The Developer shall address all the comments and conditions identified in the memorandum from the Town Project Engineer dated February 14, 2008, in conjunction with building permit application; 12. The Developer shall pay, in full, the Traffic Impact Fee of $227, 500.00 prior to the issuance of a building permit; Prior to Reauestina a Temaorarv Certificate of Occupancy 13. The Developer shall revise the Employee Housing Mitigation Plan to ensure that the 3.1 deed restricted unit(s) assigned to office uses (mitigation) also be linked to dedicated parking spaces within the building and that the applicant continue to study the housing plan and the proposed ownership and deed restriction structure to ensure that a "live/work" opportunity is afforded to employees of any professional offices working within the building; 14. The Developer shall provide the legally executed and duly recorded Type Vl deed restriction with the Eagle County Clerk & Recorder's Office for the on-site employee housing units, and that said units shall 45 sized according to the Town of Vail minimum size requirements according to Chapter 23, Vail Town Code, and be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Solar Vail project. Variations from Development Standards Additionally, should the Planning and Environmental Commission choose to approve this site specific development plan with conditions, the Community Development Department recommends the Commission approves variations from the development standards of the Housing (H) District, pursuant to Section 12-61-5, Setbacks; Section 12-61-8, Parking and Loading; and Section 12-10-20, Special Review Provisions, Vail Town Code, to allow for certain variations to setback and parking standards. Should the Planning and Environmental Commission choose to approve the variations from the development standards of the Housing (H) District, Staff recommends the Commission make the following findings part of the motion: Setbacks "A. The proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. 8. The proposed building setbacks will provide adequate availability of light, air and open space. C. The proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. The 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. " Parking `A. The parking demand will be less than the requirements identified in section 12-10-10 of Phis chapter,' 8. The probable long term use of the building or structure, based on its design, will not generate additional parking demand; C. The use or activity is part of a demonstrated permanent program (including, but not limited to, "rideshare" programs, shuttle service, or staggered work shifts) intended to reduce parking demand that has been incorporated into the project's final approved development plan; and D. The proximity or availability of alternative modes of transportation (including, but not limited to, public transit or shuttle services) is significant and integral to the nature of the use or business activity. " 46 Variance The Community Development Department recommends the Planning and Environmental Commission approves the request for a final review of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16, Right of Appeal, Vail Town Code, to allow for development within slopes in excess of 40%, located at 501 North Frontage Road West, Lot 86, Block 2, Vail Potato Patch, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve the requested variance, Staff 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, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16, Right of Appeal, Vail Town Code, to allow for development within slopes in excess of 40%, located at 501 North Frontage Road West, Zot 88, Block 2, Vail Potato Patch, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve the requested variance, Staff recommends the Commission make the following findings part of the motion: "The Planning and Environmental Commission finds: The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Housing (H) District as the Planning and Environmental Comission has consistently held that the configuration of existing sites and buildings are a hardship that may justify the granting of a variance from the Town's current zoning regulations; 2. The granting of this variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code, due to the configuration and existing conditions of the site; b. There are exceptional or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same district due to the configuration and existing conditions of the site; 47 c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district due to the configuration and existing conditions of the site. Conditional Uses The Community Development Department recommends the Planning and Environmental Commission approves the request for a final review of conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve the proposed conditional use permits, Staff recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the Applicant's request for conditional use permits, pursuant to Section 12- 61-3, Conditional Uses, Vail Town Code, to allow for Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. "The Planning and Environmental Commission finds: That the proposed location of the uses are 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 uses and the conditions under which they 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 uses will comply with each of the applicable provisions of this title. " X. ATTACHMENTS A. Vicinity Map B. Document describing the project entitled Tear Down and Re-build of Solar Vail Employee Housing, submitted by GPSL Architects and dated January 28, 2008 (updated March 11, 2008) C. Copy of proposed plans dated January 25, and March 3, 2008 submitted by GPSL Architects D. Parking Management Plan by applicant E. Professional Office Conditional Use Permit Written Response by applicant 48 F. Employee Housing Conditional Use Permit Written Response and Employee G J. K. L. Housing Plan by applicant Public Utilities Installations including Transmission Lines and Appurtenant Equipment Written Response by applicant Side Setback Variance Request for the Housing (H) District Letter from the Town of Vail Public Works Department, dated February 14, 2008 Traffic Impact Analysis by Peak Land Surveying Telecommunications Antennae Specification Sheet Variance Request for Building on a 40% Slope Written Response by applicant 49 Attachment A 50 Attachment B Scot Hunn Town Of Vail Community Development 75 South Frontage Road Vail, CO 81657 January 28, 2008 Revised: March 11, 2008 Re: tear down and re-build of Solar Vail Employee Housing Scot: Please find attached our PEC submittal package for a proposed tear down and rebuild of the Solar Vail employee housing building. The rezoning from HDMF to H zoning has been approved as has the ability to have an office use as a conditional use. The existing 3 story flat roofed building contains only 24 units of which only 11 are currently deed restricted. The Owner would like to tear down this tired and dated building and replace it with a new building that contains 82 employee housing units that are more closely aligned in size and type with the recently passed employee housing regulations. These units would be for employees of the Sonnenalp Hotel and some of the deed restrictions maybe sold to other developers who need to satisfy employee housing requirements within the TOV. Almost all of the parking for this new building would be covered and we would propose to maintain and improve the landscaped berm that currently exists along the south edge of the property. We have raised the building so that the deep cuts (and resulting retaining walls) in the hillside behind the proposed new building have been eliminated or minimized. We have made some changes to the proposed building since the first PEC worksession. We feel that these changes are evolutionary in nature and have not materially altered the concept for our building. 1. In response to comments from the Town Council, we have redesigned the access driveway so that a minimum of TOV land is disturbed. We are proposing to keep the curb cut in the existing location and bring the access driveway across the front of the Gwathmey Pratt Schultz Lindall Architects, P.C. 1000 South Frontage Road West, Suite 102 ^ Vail, Colorado 81657 ^ tel: 970.476.1147 fax: 970.476.1612 info@gpslarchitects.com ^ www.gpslarchitects.com Scot Hunn- 28 January 2008 (revised 11 March 2008) Page 2 Solar Vail property. As there is no room on the site for a turnaround, we are proposing a hammerhead at the_ foot of the driveway. We have reviewed this with the Vail Fire Department and they are in agreement with the concept. Preliminary design drawings are included in our submittal. 2. A consequence of item #1 is that we lost a significant number of surface parking spaces that were shown previously in the front setback. To replace these spaces, we have added a second level of covered structured parking that is accessed at the west end of the property. We now have only (8) parking spaces in the front setback along with (2) spaces for loading and deliveries. Of the 81 total parking spaces proposed, 73 would be covered (over 90%). Per the TOV requirements 20 of these spaces would be reserved for the office spaces. The ratio of the remaining parking spaces to EHU units is now at . 74 spaces per unit. All parking on the north side of the building has been deleted. This serves to eliminate the ramp through the building and most, if not all, of the tall retaining walls shown previously on the north side of the building. 4. Item 3 above also provided the opportunity to add more EHU units to the north wing at the office level. 5. In response to comments from the Town Council (and others) requesting that we maximize the number of EHU's being constructed and in response to comments from potential leaseholders, we have deleted the lofts in the top floor units and replaced them with corridor-served units on the top level. To accommodate these units, we increased the roof pitch from 8:12 to 9:12 and made many of the dormers two stories tall. The ridge heights increased by only a few feet over what we had presented previously. The total number of units has increased from 63 to 82 and the number of "beds" has increased to just under 158. The unit mix is now a more balanced mix of studios, one bedroom units, two bedroom units, three bedroom units and 4 bedroom dormitory suites. 5. The office space has been enlarged slightly but the 4847 SF of net area proposed (5708 SF gross) is less than 10% of the total area of the EHU's. 6. In response to comments from both the PEC and the Town Council regarding the uniform ridge heights of the previous design, we have stepped the roof down at both ends of the building and have also adjusted the ridge heights of the two wings of the building to be different. This has reduced the number of EHU's by one and has reduced the area available for use by the cell phone companies. 7. In response to concerns voiced by the Principal of Red Sandstone Elementary and subsequent to a meeting with her on February 29, we are showing that pedestrian access to the sidewalk along the Frontage Road will be via a stair extending down to the Frontage Road. Most of this stairway will be in the CDOT ROW so there is no guarantee that they will allow it. We have also added a 6' high fence along the west property line to physically deter Solar Vail residents from crossing onto the School grounds or access driveway. Scot Hunn- 28 January 2008 (revised I1 March 2008) Page 3 Proposed Development Standards a. Lot size: 1.0 acres (by deed) .979 acres (by survey) b. Density: 82 EHU units per acre. 0 dwelling units. Total density = 0.0 c. GRFA: By definition, zero. Gross floor area of EHU's not to exceed 60,000 SF d. Site Coverage: not to exceed 13,000 SF (approx 30%) e. Setbacks: existing: 20' front, 20' east side, IS' west side, 20' rear. Roof overhangs into the setbacks proposed for front and side setbacks. There is parking proposed in the west setback that is almost, but not completely, buried. Per Section 12-6I-5, the PEC may approve variations from the required setbacks. A request for a setback variance has been submitted to the TOV. £ Building height (to current existing grade): not to exceed 80'-0" to roof ridge. g. Office space as a conditional use: Not to exceed 6000 gross SF. This is less than 7% of the total proposed building area and approximately 10.3% of the total area of EHU's. h. Parking and Loading: 81 total parking spaces: 18 compact, 73 in structure, 20 allocated to office space. 2 loading spaces. Due to proximity of the site to the Village cores and TOV bus service and based on the anecdotal evidence seen at Middle Creek, less than 1 space per unit would seem to be adequate (.74 spaces per EHU provided). Office parking meets TOV requirements. i. Parking in the front setback. 8 total spaces: 5 compact. 2 Loading spaces. j.. Construction in (already disturbed) 40% slope: 423 SF There is no reliable data to indicate that the existing disturbed slope, which is in excess of 40%, was equal to or more than 40% prior to the initial construction. Per the Staff's request, we have submitted for a variance. k. EHU Standards: At the top floor, we are not able to meet the minimum floor areas required by TOV standards for every unit. Per the attached schedule of unit sizes and "pillow" counts, we have pro-rated these units at a ratio of 350 SF/pillow. Scot Hunn- 28 January 2008 (revised I1 March 2008) Page 4 Scot, there are several processes that need to be addressed by this application: 1. Approval from the TOV for the curb cut and drive on TOV land as submitted. 2. Conditional use approval for the proposed office space. 3. Conditional use approval for the telecommunications equipment proposed to be in the building. 4. Conditional use approval for EHU's in the Housing zone district. S. Approval of the side setback variance. 6. Approval of the variance to build in the disturbed 40% slope. 7. Approval of the Development Plan as submitted. As we have discussed, you are waiving the requirement for a model based on the 3D computer generated "flyover" that we have submitted. Please let me know if you need more information. 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V r_.~ ~o~~~~ 0 ~ yp,1L ~a~~ ~ ~ u g ,''~°4''i~gs gg~ NOS ~~ ~D~o~pO ~D 8 N~~ ~ Attachment D Solar Vail Parking Management Plan Dated: February 14, 2008 (updated: March 11, 2008) This parking management plan is based on 73 garage parking spaces, 8 outdoor parking spaces, and two Loading and Delivery spaces. It further assumes 82 units, 57 studios, 12 one-bedrooms units, ltwo-bedroom unit, 4three-bedroom units, and 8four-bedroom units, as well as less than 6,000 sqf. office space. Parking for employees renting at Solar Vail -this management plan is based on many years of experience operating the existing Solar Vail Property as employee housing for the Sonnenalp. While the proposed building is significantly larger, the use and a large proportion of unit types will be very similar. We therefore predict the following conditions: (1) Approximately 2/3 of the housing population of Solar Vail will consist of employees visiting the US on some kind of Visa Program limiting their visits to anywhere from 4 to 18 months. All of these employees are from foreign countries and therefore only about 20°Io of these employees will have cars. (2) Employees working for Sonnenalp under visa programs have a specific contract which specifies conditions of employment. This contract defines amongst many other things the housing arrangements. Sonnenalp can manage number of employee cars by simply specifying in the employment contract that housing does not include any parking. Since Solar Vail is within easy walking distance from work and the village, as well as directly on the bus route, this a reasonable and customary condition. In addition, Sonnenalp owns two other housing properties within the Town of Vail. Those properties have ample/ excess parking on site and allow us to shift renters with car requirements away from Solar Vail if necessary. (3) Employees requiring a parking space will generally not use their cars for the short trip from Solar Vail to the Sonnenalp. Sonnenalp does restrict employee parking on hotel property depending on season and other customer driven factors. It is therefore more convenient to simply walk and use the in-town bus service for the short trip. This will significantly reduce trips in and out of the property and will allow easier management of tandem parking spaces. (4) The present garage plan shows 36 tandem parking spaces. That translates into 18 spaces that will be difficult to access when the garage is completely full. We will manage this situation by assigning those spaces to three-bedroom and four-bedroom tenants living in units with more than one vehicle per units allowing easier communication and co-ordination of car owners. Presently, only a portion of Solar Vail parking spaces is used by Solar Vail tenants. We use the unused spaces to park overflow Sonnenalp vehicles at that location. We anticipate that this situation will occur at the `new Solar Vail', in which case we would effectively use tandem space parking. (5) As a last resort solution and if parking demand significantly changes from the observed trends over the past 20 years, the option to charge for parking in addition to the apartment rent always exists as a parking management tool. It has been demonstrated at Middle Creek that charging for parking spaces will reduce the number of vehicles parked on housing properties. Parking for Office Space -zoning requirement call for 20 parking spaces allocated to the office space at Solar Vail. We anticipate the following conditions relative to those spaces: (1) about 50% of the office space will be used for Sonnenalp Administrative offices. As those functions presently exist, we know the number of employees working in that portion of this office space and can therefore predict that only 5-7 spaces will used. (2) The office will be open and spaces will be used from 8 AM to 5 PM Monday through Friday. Therefore, the spaces will be available on weekends and for overnight parking to non-office users. This parking use pattern can be matched with housing tenants working during the day requiring parking only at night when the office parking spots are unused. Parking for guest of housing tenants and office tenants - a certain number of spaces will be used for guest parking. The current site plan shows 8 outside parking spaces. We would propose to use those spaces for guest parking. Most guest-parking will be generated by office clients and will therefore occur during regular business hours. Housing guest parking will mostly occur in the evening hours, generally after 5 PM. We therefore believe that the outdoor spaces can accommodate all guest-parking. Using the outdoor portion of the parking for guest parking will also permit spaces 43-46 to be used for snow storage in the event that on-site snow storage becomes necessary before being removed from the property entirely. Attachment E Solar Vail Conditional Use Permit Application For Office space in the (H) Housing Zone District Whereas, Section 12-6I-3 of the Town of Vail Town Code has been amended to allow Professional office space as a conditional use in the (H) Housing Zone District, and, Whereas, the applicant is seeking approval to construct less than 6000 square feet of office space within the bulk and mass of the proposed Solar Vail Employee Housing project, and, Whereas, Section 12-16-7 further regulates this use with the following restrictions: 15. Business Offices and Professional Offices in the Housing (H) District: a. Business and professional offices shall be secondary to the residential use of the District. The net floor area of the office use shall be not greater than 15% of the net floor area of the development site. b. The sale of merchandise shall be prohibited. c. Off-street parking shall be provided in accordance with the provisions of Chapter 12-10 of this title and shall be clearly separate from the area designated for residential parking. d. No overnight parking or storage of commercial vehicles associated with the professional or business office use shall be permitted. e. Signage shall be permitted in accordance with Section 11-6-3-A: Business Signs within Sign District 1 (Title 11: Sign Regulations, Vail Town Code) and shall be subject to design review. f. The number of employees allowed in a business office or professional office within the Housing District shall not exceed one employee for each 200 square feet of net floor area. g. Homeowner Association or property owner approval shall be required of all Conditional Use Permit applications for a Professional Office or a Business Office within the Housing IH) District pursuant to Section 12-11-4: B:D, Application Form, Vail Town Code The proposed office use, as submitted, is in accordance with these restrictions, and, Whereas, the Monday-Friday lam to Spm operating hours of professional offices mesh very nicely with the living cycle of employee housing (residents leave for work, office occupants arrive; offices empty, employees return home from work; residents at home on weekends, offices relatively empty), and, Whereas, Section 12-16-6 directs the PEC to 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. The applicant herein provides the following response to the above factors: The applicant is the Owner /Operator of one of Vail's premiere boutique hotels. Substantial space within the hotel is currently occupied by administrative departments whose function does not require direct guest contact. The applicant wishes to relocate some of these departments into the proposed office space to free up space that can be used to expand and enhance the guest services at the hotel. Improved or enhanced guest facilities are a direct benefit to the Town of Vail and our hospitality based economy. The applicant is proposing to lease any office space in excess of his current needs. While the amount of office space proposed to be leased is relatively small, the amount of office space within the TOV has been declining recently as existing office space gets demolished and replaced with condominiums, etc. The small amount of office space available for leasing will help to offset the recent loss of office space in the TOV without impacting the already dense Village cores. Offices are occupied year-round whereas condos, especially at the higher end, are not. Offices provide an opportunity to live and work in the TOV and add balance to an otherwise seasonal economy. The Town Council has identified the need for more office space as a top priority. 2. The addition of one additional floor of height for the office space has no appreciable effect on light and air for this property or the adjacent school or open space parcels. Parking for the office space is being provided per Town Code section 12-12-10 with 16 of the required 20 spaces being provided within the structure. There is also excellent access to the Vail and Lionshead cores and to West Vail via the adjacent bus stop and pedestrian bridge over I-70. The proposed office space should have no impact on the schools or parks nearby as the offices will be for established Vail businesses likely displaced by the loss of existing office space in the TOV. 3. A preliminary traffic study is being prepared and will be submitted for review by the PEC and the TOV. The proposed office space is relatively small and much of the space is intended to house certain departments that are currently located at the Sonnenalp Hotel. While the number of vehicular trips will certainly increase on this site, there will be a corresponding decrease in trips on Vail Road and the other Village access roads. It is also possible that some of the employees working in the office space will be Solar Vail residents (3.1 beds are required to be assigned to the office space) which will serve to eliminate even more traffic within the TOV. The proposed office use should have no significant impact on access, maneuverability or snow removal that would not already be required for the on site housing. 4. The neighborhood for Solar Vail is characterized by TOV open space to the east and the Elementary school to the west. The property rises steeply behind the project and there is TOV open space immediately above that. The proposed office space occupies part of one floor of the building at the first level above the parking levels. The extra height, bulk and mass generated by this level has little or no impact on the adjacent properties or the character of the "neighborhood". Attachment F Solar Vail Conditional Use Permit Application For Employee Housing in the (H) Housing Zone District Whereas, Section 12-6I-3 of the Town of Vail Town Code lists Type VI employee housing as a conditional use in the (H) Housing Zone District, and, Whereas, the applicant is seeking approval to construct not-for-sale 82 EHU's of various sizes and configurations on the existing Solar Vail site, and, Whereas, the applicant is seeking approval to assign the deed restrictions to entities other than the applicant who need to satisfy TOV EHU requirements, and, Whereas, Section 12-13-3 (E) requires a management plan to be included in the CUP application: Written Management Plan For Type VI EHUs: For the purposes of this title, a type VI EHU is an EHU which shall be governed by a written management plan or other written program approved by the planning and environmental commission. The management plan is the principal document in guiding the use of a type VI EHU. The management plan shall be reviewed and approved by the planning and environmental commission as part of the conditional use permit application for a type VI EHU in accordance with chapter 16 of this title. 1 . Management Plan Contents: a. Parameters: The management plan shall include all relevant material and information necessary to establish the parameters of the type VI EHUs. b. Exclusive Use: The management plan shall demonstrate that the type VI EHUs are exclusively used for and remain available for employee housing. c. Notice Of Record: The management plan shall provide a mechanism to provide adequate notice of record to prospective owners to ensure that the requirements of the plan shall be met with any future changes in ownership. d. Occupancy: The management plan shall include adequate provisions to ensure that the EHUs shall be occupied, and shall not remain vacant for a period to exceed three (3) consecutive months. e. Affidavit: No later than February 1 of each year, the owner of a type VI EHU shall submit to the department of community development one copy of a sworn affidavit on a form from the department of community development, to establish that the EHU has been used in compliance with the management plan. The applicant herein presents their proposed Management Plan: Parameters: Per conversations with the Staff and the attached spreadsheet, we propose the following parameters: a. The proposed project is comprised of 82 EHU's of various sizes. Proposed (and subject to refinement as the design moves forward) are: 1) 57 studios 2) 12 one bedroom units 3) 1 two bedroom unit 4) 4 three bedroom dormitory style units 5) 8 four bedroom dormitory style units All units, except for (7) studios and (3) one bedroom units on the top floor are equal to, or in excess of, TOV minimum sizes as dictated in Ordinance #8, series of 2007. As the design progress, it may be possible to enlarge the top floor units to meet the minimum sizes required. The number of "beds" associated with these units shall be pro-rated to 350 SF per bed. At the time of this CUP submittal, we are showing a total of 150.23 EHU "beds" in the project. b. All units shall be rental type units and none are proposed for sale. Rentals shall be controlled by the applicant's management company. Priority shall be given to employees working in the Town of Vail and rents shall be "attainable" for employees working in the Town of Vail. All units shall be deed restricted per TOV requirements in place at the time of PEC approval. Deed restrictions shall be recorded prior to the building receiving a CO. Deed restrictions shall be assignable to entities other than the applicant and these assigned deed restrictions shall be allowed to satisfy EHU requirements that an entity maybe obligated to provide to the TOV. 1) Deed restrictions shall be by unit except as noted below. 2) Assignment of deed restricted "beds" (as defined in Ordinance 8, series of 2007) shall be by entire unit except as noted below. Assignments are permanent and may not be reassigned. Except as noted below, assignments are not required to be made prior to building CO. d. To replace the existing deed restricted units on the site, 5730 square feet of EHU floor area shall be deed restricted under a "blanket" type deed restriction and the "beds" assigned to the Applicant/Building Owner. This area of EHU's may not be used to satisfy future EHU requirements however, this area of deed restricted units may be transferred to other EHU's off site per previous agreements with the TOV. Assignment shall take place at the time of deed restriction. e. If approved by the PEC as a conditional use. The proposed office space (currently shown at 4850 sf) shall have 3.1 EHU beds assigned to the Applicant/ building Owner as required by Ordinance #7, series of 2008. These beds may not be used to satisfy future EHU requirements. Assignment shall occur at the time the units are deed restricted. If the office space expands in the future to the full 6000 sf requested in the Conditional Use permit, additional EHU "beds" shall be assigned to the ApplicantBuilding Owner per the formula in place at the time of PEC approval. 2. Exclusive Use: The Applicant has maintained employee housing on the Solar Vail site since acquiring the property so he has a long standing track record of providing housing for his employees. The proposed redevelopment does not contain any for-sale units, all units will be deed restricted and the applicant intends for this project to meet his employee housing needs well into the future. Notice of Record: The units are all deed restricted which will show in the title report. 4. Occupancy: With no for-sale units to offset the development costs for this project, it is in the Applicants best interest to maintain as high an occupancy rate as possible. 5. Affidavit: The Applicant shall comply with the requirement for an annual affidavit. Whereas, Section 12-16-6 directs the PEC to consider the following factors with respect to the proposed Conditional 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. The applicant herein provides the following response to the above factors: 1. The TOV has identified employee housing as a top priority. This project will substantially increase the number of EHU's on the site. 2. The increase iri the number of residents living on this site will have no appreciable effect on light and air at this site or the adjacent school or open space. Ridership on the TOV bus routes will increase as the residents will use both the Sandstone and West Vail routes to access Vail Village and the shopping in West Vail. The existing pedestrian bridge will provide easy access to Lionshead and it is likely that there will be increased usage of the adjacent bike path and sidewalks. It is not likely that there will be too much of an impact on the adjacent school or nearby parks as the proposed units and the living environment is not conducive to families with children. 3. A preliminary traffic study is being prepared and will be submitted for review by the PEC and the TOV. The location of the Solar Vail site may actually reduce the number of vehicular trips into and around the Town since it is so easy to walk or take the bus to almost any point in Town. Increasing the number of employees housed on this site means that many fewer employees living elsewhere in the Valley who need to drive to work and find a place to park. The scope of this project includes improvement of the existing vehicular access including a snowmelted turn-around spur for trash, fire and delivery vehicles. The access drive and (minimal) exterior parking have excellent south exposure so maintaining the access drive will not require full snowmelting of the drive to keep it clear of ice and snow most of the time. In times when there is a need to store snow, we would propose to use the 4 guest parking spaces at the southwest corner of the site for temporary storage of snow until it can be removed off site. There is also an area at the east end of the property that has historically been used for snow storage. Pedestrian safety will also be enhanced. Current residents either walk down the unimproved drive at the east end or cross onto the Elementary School property and either walk down their access drive or through their playground. The proposed project includes a new stair-and-sidewalk connection to the existing sidewalk along the Frontage Road at the west end of the site that will hopefully provide a more direct route to the bus stop and Frontage Road walk/bike path. 4. The neighborhood for the Solar Vail site is characterized by TOV open space to the east and the Elementary school to the west. The property rises steeply behind the project and there is TOV open space immediately above that. Increasing the number of EHU's on the site, with the corresponding increase in scale and mass will have little or no impact on the surrounding uses or the character of the area. 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O O 2 2 ti ti N N w .~ O H N O N N O (0 d 0 O N M Attachment G Solar Vail Conditional Use Permit Application For Continuing the existing Telecommunications antennae use At the Solar Vail site Whereas, there is an existing Conditional Use permit for the Telecommunications equipment and antennae at the Solar Vail building, and, Whereas, the Solar Vail site is at a bend in the Valley and services the telecom needs of all users between Ford Park and Dowd Junction, and, Whereas, the applicant is seeking approval to continue this use during and after construction of the proposed new Solar Vail Employee Housing project, and, Whereas, the antennae and associated equipment, cables, etc will be integrated into the building architecture as follows and will be an improvement to the currently approved installation: 1. All equipment will be internal to the building and located at the top floor at both the east and west ends of the building. 2. All cabling will be internal to the building instead of roof mounted as they currently are. 3. The antenna requirements of the (4) cell phone companies require a certain degree of separation so the antennae will be attached to the face of the building and to several chimneys specifically dedicated to this use. These antennae are generally 4' in height and 12" wide and can be painted to match the facade or can be painted to act as decorative elements. 4. Antennae have a limited field of reception so each telecom company requires multiple antennae at each end of the building. (It remains to be seen if the Telecom companies will require more antennae than they have now.) 5. Access to the chimney mounted antennae will be via roof hatch and then by rope and harness as is preferred by the Telecom providers. Access to building mounted antennae will be through the wall they are mounted to. and, Whereas, Section 12-16-6 directs the PEC to 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. The applicant herein provides the following response to the above factors: The telecom companies have successfully integrated their products and services into our lives and continue to increase and expand the services they provide. All of us, to some extent or another, have become dependent on these services. The Solar Vail site is optimally located to provide service for a large part of central Vail. It would be detrimental to the TOV's image and reputation if the services of the (4) telecom companies currently located at the Solar Vail site were to be degraded, disrupted or discontinued. 2. There are telecom antennae and equipment presently sitting on top of the existing Solar Vail Building. There are numerous cable racks on the roof extending from one end of the building to the other. All of this will be integrated into the new Solar Vail Building. There will be no impact on the factors listed in this paragraph. 3. The telecom equipment will have little or no additional impact on the factors listed in this paragraph beyond what occurs at present. The equipment will require periodic servicing but the service vehicles can easily be accommodated in the parking structure or outside in the loading or guest parking spaces. 4. The fact that the Solar Vail site currently houses these antennae and equipment and that the applicant is proposing to integrate the antennae into the building architecture should be an indication that there will be little or no negative impact on the character of the surrounding area. The proposed chimneys add detail to the building and serve to break up the roofline while adding very little to the proposed scale and bulk of the building. Attachment: H Solar Vail Side setback Variance Request For the (H) Housing Zone District Whereas, Section 12-6I-5 of the Town of Vail Town Code provides that variations to the 20' side setback standard maybe approved during the review of a development plan, and, Whereas, the applicant is seeking approval fora 15' side setback on the west side, and, Whereas, Section 12-6I-5 requires the PEC to evaluate compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B. Proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. The applicant herein presents their response to the above criteria: A. There are no riparian areas, geologically sensitive or environmentally sensitive areas that are negatively impacted by this request. The property is owned by the TOV. The only building that is impacted is the Recreation District gymnasium which is et well away from the property line and slightly uphill from the Solar Vail building. Furthermore, this particular building is partially built into the hillside and except for two windows in the entry vestibule, has no openings facing the Solar Vail property. The school access drive sits between the Solar Vail property line and the Gym. Based on the shadow studies, there is little or no impact of the proposed Solar Vail building on the Gym or the driveway. B. The proposed side setback of 15' has no appreciable effect on the availability of light, air and open space. The shadow studies indicate that there is adequate separation between the proposed Solar Vail building and the adjacent Recl District gymnasium which is built into the hillside and does not rely on it's east elevation for light and air to the gymnasium space. C. The proposed 15' side setback and the continued use of Solar Vail for EHU's, albeit at a higher density, is compatible with the neighboring gymnasium. The gymnasium is accessed from it's own driveway, primarily during school hours, and the ehu's will be primarily occupied at nights and on weekends when the school is vacant. A fence has been proposed by the School District representatives as a way to keep the two buildings' occupants separated. D. The buildable area of the Solar Vail lot is severely restricted by the 40% slope behind the proposed building (already been somewhat disturbed by the existing building) and the utility setbacks to the east, south and southwest. These hardships cannot be mitigated. The proposed 15' setback will allow additional EHU's to be built on the Solar Vail site which is a major public benefit. The design of the proposed building respects the limitations imposed by these constraints and looks to the west side setback for opportunities to increase the number of EHU's and parking spaces on the site. Allowing the 15' setback has little or no impact on the adjacent property or buildings but keeping the 20' side setback would deprive the TOV of additional ehu's on this site and the parking that goes with it. !~ TOWNOF VAII, Department of Public Works & Transportation 1309 Elkhorn Drive Vail, CO 81657 970-479-2158 Fax: 970-479-2166 www. vailgov. corn MEMO To: Scot Hunn From: Chad Salli, Project Engineer Re: Solar Vail Date: 2/14/08 Attachment: I The Town of Vail Public Works Department has received and reviewed the Solar Vail submittal dated 1/28/08. The following are comments that should be addressed prior to approval. 1. CDOT access permit is required and should be executed prior to building permit submittal. 2. Continue curb and gutter east of TY 2 driveway 3. The Town of Vail General Notes shall be added. (Notes can be e-mailed upon request) 4. Please add Utility Signature block and have all utilities sign acknowledging acceptance of utility impacts and design. 5. Final Civil drawings shall be approved and meet all Town standards prior to submittal of building permit. Detailed comments will be provided at that time. 6. All construction staging issues shall be resolved prior to construction including staging, phasing, access, schedules, traffic control, emergency access, parking, loading and delivery, etc... 7. A ROW/Utility permit shall be obtained and approved by the Town of Vail and CDOT prior to commencing any construction within public Right of Way. 8. All improvements within CDOT ROW shall be approved by CDOT including all Frontage Rd improvements and landscaping. This approval will be required prior to Civil plan set approval. 9. Prior to approval of an Excavation permit a shoring and excavation plan shall be submitted including; excavation phasing, engineered shoring plans with plan, profile and cross sections. Cross Sections and plans shall include all existing conflicts (i.e. utilities). Any shoring within CDOT ROW will require approval from CDOT and FHWA. Any shoring within the Vail public ROW will require Town of Vail approval and a revocable ROW permit. 10. A Storm Water Discharge CDPHE Permit and all applicable ACOE permits (i.e. Dewatering) shall be submitted prior to construction. 11. Provide engineered stamped final drainage report, and a traffic study. 12. The developer will be assessed traffic impact fee of $6,500 per peak hour additional trip generated, total additional trips generated will be determined once a traffic study is submitted and approved. 13. Show snow storage area. 14. Parking structure will require asand/oil structure. 15. Show top and bottom of proposed and existing walls. Walls greater than 4' in height (as measured from bottom of the footer to the top of wall), shall be designed and stamped by a registered professional engineer. All design parameters and assumptions shall be submitted with plans. 16. Town Code allows for a maximum of 6' high walls, the section provided for the exiting wall along the frontage road shows this to be 8' in height 17. Show the turning movement for the proposed loading spots. 18. Tie in the proposed 3' pan with the culvert crossing under the rec path, do not discharge this drainage across the surface of the walk and into the frontage road. 19. Show the required landing of the proposed stairs on the west side of the property, with handrails. The handrails can not encroach in to the rec path and must be 2' off the edge of the rec path.. 20. Is the existing gravel path to the elementary school proposed to remain, be improved? 21. Additional comments may follow as plans are developed. Attachment: J 1000 LION'S RIDGE LOOP, VAIL CO 81657 970-476.8644 FAX 970-476-8616 February 25, 2008 PLC .fob#: 1529 SOLAR VAIL TRAFFIC ANALAYSIS The purpose of this traffic study is to determine if the redevelopment of Solar Vail will require auxiliary lanes according to STATE OF COLORADO STATE HIGHWAY ACCESS CODE. EXISTING CONDITIONS Solar Vail is located on the I-70 North Frontage Road (CDOT Category F-R) approximately 2700 feet west of Exit 176 (Main Vail Exi#). The adjacent access points are Middle Creek Apartments 1900 feet to the east and Red Sandstone Elementarylbus stop 700 feet to the west. All accesses are on the north side of the North Frontage Road. The posted speed limit is 35 mph. The existing Solar Vail Apartments are an employee housing complex for the Sonnenalp Resort. The existing, complex consists of 24 units. A majority of the residents are hired seasonally by Sonnenalp Resorts. Sonnenalp Resorts has two locations where employees work; Single Tree Golf Course in Edwards and Sonnenalp Resort in Vail. Solar Vail is located 1900 feet from a free public bus stop which provides service to bath Sonnenalp locations. A pedestrian bridge at this location provides direct access to a central business district. Walking distance to the Sonnenalp Resort in Vail is 0.75 miles. PROPOSED GONDITIONS The redevelopment to the Solar Vail Apartments involves the addition of 58 employee housing units for a total of 82 units and 4750 square feet of office space. Although most of the tenants will be Sonnenalp employees the owner of Sonnenalp Resorts is working with other local business in Vail to utilize the units. The office space will be occupied by two businesses; an architectural firm and the accounting division of Sonnenalp Resorts. Only the architectural firm will generate any client trips which are minimal and will be taken into account for the study. Large trucks will not be a traffic generator from these type of businesses. TRAFFIC IMPACT STUDY TRIP GENERATION tih Edifion was used for the land use data pages which includes rates, directional distribution and traffic data. Full occupancy for the development is evaluated. No other accesses are anticipated or will be allowed for this site. Since there are 2 uses for the redevelopment both uses will be calculated independently and assumed that peak hours coincide. The employee housing will be evaluated using land use data for Low-Rise Apartment {221) end the business aspect will be evaluated using the Single Tenant Office Building (715). Both will be evaluated using the peak hour of adjacent street traffic for both A,M. and P.M. The land use data pages for both uses and times are attached. This analysis will determine the number of left turns into the site. Due to the proximity of the employee housing to public transportation and proximity to the central business district the !ow end of the "Range of Rates" was used Low Rise Apartment land use. The average rate was used for the businesses. It is assumed that fifty-percent of the turning movements entering the site make a left turn into the site. "Rate{s)" is the Trip Generation Per Unit. DESIGN HOURLY VEHICLE (DHV) Use Avg. Range of Rate DHV Rate Rates Uses! Units Low Rise Apartment AM Peak Per Occupied Dwelling Unit Low Rise Apartment PM Peak Per Occupied Dwelling Unit Single Tenant Office Bldg AM Peak Per 1000 sq. Feet GFA 1.78 Single Tenant Office Bldg PM Peak 0.47 0.25-0.86 0.25 82 20.5 0.58 0.38-0.93 0.38 82 31.6 0.75-4.57 1.78 4.75 8.5 Per 1000 sq, feet GFA 1.72 0.79-5.14 1.72 LEFT TURNS ENTERING DISTRUBUTIO Use Entering DHV DHV Enterin Low Rise Apartment AM Peak 20 20.5 4.1 Single Tenant Office Bldg AM Peak 89 8.5 7.6 Low Rise Apartment PM Peak 66 31.8 20.9 Single Tenant Office Bidg PM Peak 15 8.2 1.3 4.75 8.2 N Left Turns g (50%) 2.0 3.8 10.5 TOTAL LEFT TURNS FOR PEAK TIMES (vph) Times Low Rise Office AM Peak 2.0 3.8 PM Peak 10.5 0.7 0.7 Total {vph) 5.2 11.2 SUMMARY The CDOT auxiliary lane requirements for category F-R roadways require a left turn lane with storage length plus taper length for any access with a projected peak hour left ingress turning volume greater than 25 vph for speed limits less than 45 mph. The total left turns for AM Pealc and PM Peak are 5.2 vph and 11.2 vph, respectively. Therefore a left turn auxiliary lane is not required for this site. A right turn auxiliary lane is required by CDOT when the ingress turning volume is 50 vph. Total DHV for both uses and respective times does not total 50 vph therefore a right turn auxiliary lane is not required. Due to the low volume associated with this site compared to the high volumes on the frontage road, impacts to the adjacent intersec#ions are negligible. L. Mark Luna P.E. Peak land Consuitants Attachments: Vicinity Map Site Plan Land Use Data (4 pages) ~•. _ ~ .•G ~'~ss~oNa~~~;: i+rr tt4t~ z- ~s os~ D F ~~ ~. 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Num. of Occupied Dwelling Units: 255 Directional Distribution: 20% entering, 80% exiting • Trip Generation per Occupied Dwelling Unit Average Rate Range of Rates If 0.47 0.25 0.86 Data Plot and Equation OVV S00 V] c 400 ' ill n F~- m U_ L > 3ao - a~ rn m Q t'! 20D ' 100 ' 0 Standard Deviation 0.70 : • ~ ~ ~.i • ~.' • 'i .... ... _ ... .. - - - - - .. - .... f ' - - - . - - . :,~ ~' X : X : ,~ : : X ;~ • X, : : : : X?~ X: : 0 i 100 X Actual Data Points i i i i i i i 200 300 400 500 600 700 800 X =Number of Occupied Dwelling Units Fitted Curve Fitted Curve Equation: Ln(T) = 0.829 Ln(X} + O.t87 Trip Generation, fith Edition 330 i i i 900 1000 1100 7200 -----' Average Rate R2 ~ 0,82 institute of Transportation Engineers Low-Rise Apartment (221) Average Vehicle Trip Ends vs: Occupied Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 26 Avg. Num. of occupied Dweliing Units: 255 Directional Distribution: 66% entering, 34% exiting Trip Generation per Occupied Dwelling Unit l Average Rate Range of Rates Standard Deviation fl 0.58 0.38 0.93 0.77 Data Plot and Equation 700 600 - b G LLI 0. t- N U L N N m a~ Q 500 - 400 - 300 ' N 200 1oa ~, ~~~ :• :.' :,~ • ',. c • ~'~~ X . ~~~ ~ : X : ~ ~ . .. ....:......:.... .X '~ M •--- •--~ x~-- -'.~C.... .... .... .... .... .... .... ...-- X' X ,x x• ~a .,r' 0 100 200 300 400 500 600 700 B00 900 1000 1100 1200 X =Number of Occupied Dwelling Units X Actual Data Points Fitted Curve """"" Average Hate Fitted Curve Equation: Ln(T} = 0.876 L.n(X) + 0.165 R2 = 0.92 trip Generafron, 6tFt Edition 331 Institute of Transportation Engineers ~. Single Tenant Office E~uilding 1715) ~, Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, }~ ~ A.M. Peak Hour Number of Studies: 41 Average 1000 Sq. Feet GFA: • ifi0 Directional Distribution: 89% entering, 11% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area I( Average Rate Range of Rates Standard Deviation I 1.78 0.75 - 4.57 1.51 Data Plot and Equation C W a t` m U L m Q N 1,500 1,400 1,300 1,zoo 1,1uo 1,000 900 800 700 600 500 400 300 200 1ao 0 ...........:...~-~~-~---~-~-..........:...-----.....;...----~~---~----.......x ;X --........ ........... ........... ...~---...- ----~~-----.ia: ...... .......... ........... ....... .-.....X..--- -.......... _......... X X ; X X X X X ~.X...X .X. ..;----••----- X.. X ----.X ....~~.......X ................•---..... %X ~ X X ~X. ~ ; ; ' i ~ i i i ~ 0 100 200 300 400 500 600 X = 1000 Sq. Feet Gross Floor Area X Actual Data Points Fisted Curve ------ Average Rate Fitted Curve Equation: T = 1.630{X) + 24.623 R2 = 0.78 Trip Generation, 6th Edition 1071 Institute of Transportation Engineers aingie Tenant office Building (715) Average Vehicle Trip Ends vs; 1000 Sq. Feet Gross Floor Area On a: Weekday, P.M. Peak Hour Number of Studies: 41 Average 1000 Sq. Feet•GFA: 160 Directional Distribution: 15% entering, 85% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 1.72 0.79 - 5.i 4 1.49 I]ata Plot and Equation t,200 1,100 ........................:_.._.........;......._.....:........_.-._....._..... 1.000 .......... ........... .....................~--- ,~--._....... ......_. : : ;X 900 -----..... ---~ ....... ........... ........... ........... .... c 800 -......... _......... ........... ........... ~------ -'', --------• W , .~ : X : F- 700 -----.._.. _......... ........... ........... '~ ....- -----.... N ~ ~ : U , rn ~ 500 -......... ...... ---~ ........ .,~'~' .......... ........... -------.. 1¢I ...'.... . _ X '' ~ ~ . ~ 400 -X- -X -- .. -x_, ...... ........... .....~..... ........_ : X X 300 ---•-x---- ~~--x---x -~tX_.x...>r'c .....:............ :... ..........:.......... X X : : 200 ----•-----~-x : '~----....~......_._....:...---~ ......:.. ..........:.....-~--- loo - .~-X'x.X.......__X_....--~ .....:.............:........~----:.......... ,X x.-~ : o too 20o soo 400 s~ X = 1000 5q. Feet Gross Floor Area X Actual Oata P°[nis Fitted Curve Fitted Curve Equation: T =1.497(X) + 36.174 Trip Generation, 6th Edition --"-' Average Rate Rz .0.77 Institute of Transportation Attachment: K Me~hanic~l specfc~tiatst Length. t22 c,tti't 48.E ir1 Widttt 285 mm 11:2 in C7'epth 15(l rr,m `~,9 in Lepxh wif#1 z-bracke! 190 .n-+m 7:5 In "11Neglit $:5 ~kg 1R.3 €bs W€nd Area FareFkft t}`.3~ mz `3.7+3 ~ft~° Side 0.1~ m7 1:85 ft~. Rated Vtlind Vefocity~ (Safet}tfactor 2~a)) >33Q kn~+hr y~236 mRix If~rnd Load i~.~1Q0 rnph {181 kartlp'~r} j=orelAft 50Q N 112:3 tl7& SaCi• 277 ht 152:2 Ibs Aritcnria+coc~sistlr~g of &iumtnurt al(gy wlih brass ftjerlline~ covered Uy' a UV safc 5ti~rglaas rattans. Mc~~tntsng and Ciovvntilting tvtounlir:g brackets attach to a pipe di~,ter,of X54-i6i7 mm (2-0-6.3 In). -+~ounting bracket kit #3fS210002 ~(~it7Wntilttsta~kettcit I#38S144D3 EleCttriCal SpeClf!{C+~~ICi~S Frgquor6cy R~rtyt 84ta-96p full-tz #mpc~darsee 50SP ~i ~annpcEbr~s} N~ or ~-I~1N 1 fort (hgttom center. car tip '} V'SWR 51:4;1 Po€&s'€,tBlfiDn' Vets€cai tl Gain 14 dBti 2? dower Rating 50f} Vtf '1 H~It s~rnd(er A+~yie W,-P€ane S2° E=Pianr, 14" s€ ,Electricat ~7ou'ntilk 1.2?` t> IVu€I F€II 5°%~ Lightnjng Prvteetion; Ctirvct,;CcQUnd Radiation patterns) -tA, 1 t •p i ~ a9awtlPS 7 p teo i mi; l ' '~ Sp ~/9 110 ~ ~ -~ A Horizontal .to ''m ~ w m .m/ ~ \ \~ m \ aaan,5n ~. ~', '~` gym` ~#.'`..j '.-,.-.. ~\ m ~.\ ,o ' mom. ~~ Vertical ,~, D ~, .9 s ~ s - ; fl ~~ m RWA-80014 When ordering replace _' with connector type. • A 1'/." four-channel extrusion running the entire length of the antenna for unmatched strength and rigidity. • Durable brass feedllne design that elimi- nates the need for conventional sdder joints in the signal path. • Anon-collinear system with access to every radiating element for broad band- width and superior performance. • Air as insulation for virtually no internal signal loss. This Ampherrol Ante! antenna is under a fitre- year limited warranty for repair or replacement. Antenna can be ordered with bottom-fed, center-fed or top•fed connector. Radiation patterns for all antennas an; measured with the antenna mounted on a fiberglass pole. Mounting on a metal pole will typically improve the Front-to-Back ratio. 11 7~zical Yetu¢g, ~7 Pirxer ratstt Irtnli~4 by e~nnprtar only. ~) N~ in(firs@1PS an elo€tgatcsi ~! ~annactcr, ~ t}tN Indicates ~n afOn~atcd t)fN ccnnactar. ~yl "i"'as,3nh;rt~A wa,ght listed a¢oviP ttcl4+s tSGt indW~t ~ r -, . U:+r pndcat woight. ': ~ ItM1y~'aYre~crW,S SP +nztlranicat ~MtfW PI9CFr9e®I prr1Gr11at7C~fi -". - . '. . et lt7h3~ItMi+l IraY bC ttil~lb Wltt94Ut. HGAiCtI> Arn)7henol Antos, tnc. }300 C2pitaC Drive Rockford, Illinois 61109 USA Tol€-Fr+re,'(8i~8} 4 f 7-562 Fax: (#15} 399-0156 antelr~antelinc.com Bottom-fed: RWA-80014 + (NE or E-DIN) Center-fed: RWA-80014CF + (NE or E-DIN} Top-fed: RWA-600147E + (NE or E-DIN) ~~ Tel. (815} 399-0001 www.antelinc.com Am~~ An'If ~sG. Revision Date: 7/2/07 Amphenol Antel's ~'==~ Exclusive 3T (True Transmission Line Technology) "'"'" age, Antenna Design: .~ 1:~.,=r 5" Length- 12(!0 mm 47.2 In ~'Vidth 167 mrn ' 6.6 in [?epEtl 1413. mm :g In °~ tNeigi7t ;4.i kg 9.0 Ibs Wind Ar@~ Front 0:21]0 ~a 2.15 ftz ;aide- 0.178 ,ma 1.91 .i Rated Wind Vetpcvty' (5afeiy feGtesr 2.0) ~'~$~ km~hr Y~1 mpii +Nlnd toad @ 104 mph (161 kmlhrj Front ~~'~ l~l ~~,~ IbS. Sale .267 ~ ~Y~.~~ ibS An#+3nna ohnsisting of aluminum alloy wiEh brass E®i3CJEineS CCa'verad by ~ U4r sate PibeFgla~s radnn~o. Mt~uriting & I)owntiting: 4htall mounted or pole-tower ittiaunt 4vith rn~untirrg brtiCkets. iulouttting bracket kit #26799967' Downtlt bracket kit #26799J99 Tiip ~iiywtjtilt bracl~et kit includes file mounting. braslcel kit. Etectricalt ~pe+pificatians FrGqugncy Range.. 1850-19911 MF(z itat~iance 60f? ~~ Gt3r-nector ~E, ~-C'~IN :I VSWFL S1?41 ;Polarization V'arlical 'i .Gain 18 ~iB ~ P~Yrer Rating Z50 t!}/ '~ Hai#:Pv+rArsgle . H-P'laate 63° . ~-Flame 8° '" Elecfrtcai Downtlt (} '~ Null Fill 10-~{?°,~ Ligttiling Prptect"ton Direct Grtlt,nsi ''fiypiG~t Values :''pawsr Raetn~ Ilmlitri Dy cormeCte,7 v1+ty, "frlE intliC,~1US iln e1Pnr~te!1 N Connector, E-OIN'trit~icatas an alcszgated QIMI.!ConrirtGt+or. "Tile antarlna- weight listed above does rrotinGlude the bfi;Gket W@Ig19t; Irnprorar~enrsta 17~berl~ataa~jelefsaull:s6 perlulma0a:a of ma a~~~ ~y~~~,~tr~~t ro>t~. LPA-18506318CF when ordering, replace _' with connector type. Radiation-pattern'! 120 110 -100 -~ -30 >o /` "~, 4so -130/ .T. \.~ ~~ c j-1o `~y~, 35 3015 20 T6 ld 3 i 0 10 .D ~ ~ sD W ,.;., .-~'f 30 13o so 17A 110 100 30 80 70 80 Horizontal -„D-,DD -~ .gD 7D ~/'° -na 1~" ' 10 10D - ~ 30~L5. 1A.,~ 0 nD ~~ ~ 10 160 •'~~~~ m 150 30 140 40 ,30 ~o ,~o r,D 110 100 90 gp 70 Vertical Radiation patterns for all antennas are measured with the antenna mounted on a fiberglass pole. Mounting on a metal pole will typically improve the Front-to- Back Ratio. t~;c~nr~et;t~r. Amphenol Mtel's Exclusive 3T {True ~ Transmission Line ~ ~ Technology) _ - Mtenna Design: • True log-periodic design allows for su- periorfront-to-side characteristics to minimize sedor overlap. • Unique feedline design eliminates the need for conventional solder joints in the signal path. • Anon-collinear system with access to every radiatlng element for broad band- width and superior performance. • Air as Insulation for virtually no internal signal loss. Every Amphenol Ante! antenna Is under a five-year limited warranty for repair or re- placement. Mtenna available with center-fed connector only. ~• A~~~~~~ Ak1~, ~. rrM ~t,a rcti4~+~rdW~pwy Revision Date: 8/23/04 ? 340 Capital t7rive Rockfprd, fL 61109 Tpt1•Ftee (888) 417-9562 Tel. (815) 399-0001 Fem. (815)399-0158- Etllail; antet~antellnc.coln www.antelinc.com Attachment: L Solar Vail Variance Request For Building on a 40% slope Whereas, the applicant is seeking approval to construct not-for-sale 82 EHU's of various sizes and configurations on the existing Solar Vail site, and, Whereas, the Staff has determined that part of this construction may be on a slope that was originally equal to or greater than 40% and has asked the Applicant to submit for a variance, and, Whereas, Section 12-17-2 of the Town of Vail Town Code lists the submittal requirements for a variance, and, Whereas, Section 12-17-2 (C) requires the Applicant to submit a statement per the following: C. A statement of the precise nature of the variance requested, the regulation involved, and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title that would result from strict or literal interpretation and enforcement of the specified regulation. Whereas, the Applicant submits the following facts: 1. Construction on slopes in 40% or greater is prohibited by Section 12-21-10 in all zone districts except the Single Family, Two Family and P/S residential districts. 2. The Applicant is not the original Owner and played no part in the construction of the existing building. 3. The slope in this part of the site has been severely disturbed and altered by the construction of the original building in 1976. It appears that the site was altered up to contour level 8280, well above the proposed construction. This man- modified slope is significantly greater than 40%. 3. Based on an Architect's hand-drawn site plan that does not carry the contours up past contour elevation 8250, the Staff has determined that certain pre-construction contours may have been slightly in excess of 40% slope before construction was begun in 1976. It should be noted that this document is not a stamped engineer's drawings and does not show the contours up to the upper property line. It should also be noted that certain parts of the site in area of the proposed construction appear to have been less than 40%. 4. Staff has acknowledged that the TOV code does not specify how a 40% slope is to be calculated. Is it by each 2' contour or every 10' of contours, every 20' of contours, etc? The existing building is clearly shown crossing contours that were well over 40% and there is precedent in the TOV for measuring slopes over a wider area of the site. The Applicant's statement, in response to Sedction 12-17-2 (C) is as follows, a. The variance requested is to allow the construction of EHU's on a slope that currently exceeds 40% but which may have been less than 40% prior to the existing construction. b. he Regulation involved is Section 12-21-10 as noted above. c. The practical difficulty involved is that the TOV in 1976 allowed the previous Owner to develop and disturb the pre-existing slopes that may or may not have been in excess of 40% to a point well above the proposed construction. Furthermore, Staff and the PEC do not have adequate, reliable information to determine if the pre-existing slope, in the area of the proposed construction wns equal to or in excess of 40%. The information they do have could lead to the conclusion that the slopes on this part of the site were less than 40%. d. Strict or literal enforcement of the regulation is not possible given the lack of direction on how to measure slopes in the TOV Code. In a meeting on March 7, 2008 to discuss the need for a variance, Staff could not tell the Applicant's representative how they measured slopes on sites that have contours in excess of 40% mixed in with contours that are less than 40%. e. Strict or literal enforcement of the regulation, if based on the disturbed grades currently existing would deny the current Owner the right to develop his property to the extent allowed to other property owners in this category and would be based on the non-Code conforming actions of a previous Owner. Section 12-17-6 of the TOV Code directs the PEC to 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. 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. Applicant's response: To the east of this site is TOV open space. As such there are no existing or potential structures. To the west is the TOV gymnasium, sitting in approximately the same relative location on the hillside. 2. There is no grant of special privilege associated with this variance. The site, as currently exists is severely disturbed to have slopes well in excess of that allowed. There is no reliable basis to determine if the pre-existing site was at or above the 40% maximum slope allowed. 3. There is little or no effect on light, air, distribution of population, transportation and traffic, public facilities and utilities, and public safety. Section 12-17-6 further directs the PEC to make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following 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 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. The Applicant recommends the following findings: 1. Yes. 2. Yes. 3a. Yes. 3b. Yes, most definitely. 3c. Yes. Thank you. Page 1 of 1 Scot Hunn - Re: Solar Vail Trip Generation and TIF ~.,_... ~r..~.,__.-- ._- From: Chad Salli To: Scot Hunn Date: 03/19/2008 1:16 PM Subject: Re: Solar Vail Trip Generation and TIF CC: Tom Kassmel thanks therefore they will have 26 net new pm peak trips generated by the housing and 9 new generated for the office (includes a 30% transit reduction for the residential) At $6500/trip that comes out to $227,500.00 total ($169,000 housing, $58,500 office) Chad »> Scot Hunn 03/19/2008 8:53 AM »> ~5 S'C"7~ 4847 sq. ft. now; slightly enlarged. Yes, 58 new units. 1 ~VI,N L~~g Scot Hunn, AICP Senior Planner Town of Vail (970) 477-3551 Office (970) 479-2452 shunn@vailgov.com »> Chad Salli 03/19/2008 8:41 AM »> Scot Just confirming, they are adding a total of 4750 sgft of office and 58 new dwelling units? That is what they are reporting in the traffic study. Chad »> Scot Hunn 03/18/2008 5:22 PM »> Chad, Any word yet on new/revised numbers (based on your review of the impact report by Peak) for trip generation and fee? I know you and I spoke about the fact that you disagreed with Peak's numbers, but I can't remember if you were going to get me a quick written response/recommendation so I can formulate a condition with fee amounts. Thanks, Scot Scot Hunn, AICP Senior Planner Town of Vail (970) 477-3551 Office (970)479-2452 shunn@vailgov.com file://C:\~ocuments and settings\Administrator\~ocal Se... 03/19/2008 1 Variance A lication for Review b the pp Y Planning and Environmental Commission ~ Department of Community Development ry~~j t'~ (- ~ . 'lVflll aF )~lllL 75 South Frontage Road, Vail, Colorado 81657 P te1:970.479.2128 fax: 970.479.2452 web: www.vailgov.com General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. ~., Type of Application and Fee: ^ Rezoning $1300 ^ Conditional Use Permit $650 V ~ ^ Major Subdivision $1500 ^ Floodplain Modification $400 ^ Minor Subdivision $650 ^ Minor Exterior Alteration $650 ^ Exemption Plat $650 ^ Major Exterior Alteration $800 ^ Minor Amendment to an SDD $1000 ^ Development Plan $1500 ^ New Special Development District $6000 ^ Amendment to a Development Plan $250 ^ Major Amendment to an SDD $6000 ^ Zoning Code Amendment $1300 ^ Major Amendment to an SDD $1250 ~ Variance $500 (no exterior modifications) ^ Sign Variance $200 `/ 1 Description of the Request: YAQiA~CE "1'~ CO-~~'7Yl-tJ~ ~'w 5 nil DI5-TV IZf~'D 51-OI°E C-r+2~~ ~ ic. ?~4~~ ~v ~o Location of the Proposal: Lot: 8 Block: 2 Subdivision: ~~l L. t~'Ol~TO (~~~ Physical Address: OOO S O I ~ • ~~ N TP, CTE V11. Parcel No.: Z 101 a(p 302 411 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: ~ (+I~vsrU~~ Name(s) of Owner(s): JOI-4t~NNl~ ~A~iE~.EL~ a Mailing Address: / ~ _ 20 V ~1 L' ~~D ~ ¢~~~ 8 ~ (O ~~ ~~ /~~ Phone: 4~-9 ~ Owners Si natures : `f~-e~ O 9 O Name of Applicant: . IQ ~et~vte~ `~t.eBSle~ Mailing Address: o[~ U~tL ~6UC.. ~_~ ~~~ S} ` Phone: q~Pi - 4~'4- S~l~o E-mail Address: L-r~Xv~1 L~ ~cOL.CI~Yh Fax 4~~0 - ~lo~Z. For Office IJ~e~O~l~. -~S ~(/' ~~ L ~.,,~~,~~E~1-S Fee Paid: ~J7 Check No.: 7' By: ' z Meeting Date: C1i i ~ f ~~ 5~ PEC No.: ~f fl ~ ~~ t Planner: ~ ~~,' ~ Project No.: ~ v- v - f ~ ~ t-t ~ Il 1 Cl / - U ~ ~/ 7~) F:\cdev\FORMS\Permits\Planning\PEC\variancel0-18-2006.doc Page 1 of 6 1/4/06 TOWN OF VAIL, COLORADO Statement Statement Number: 8080000274 Amount: $500.00 03/13/200810:37 AM Payment Method: Check Init: JS Notation: 7524/GPSL ARCHITECST P.C. ---------------------------------------------------------------- Permit No: PEC080013 Type: PEC - Variance ------------- Parcel No: 2101-063-0201-1 Site Address: 501 N FRONTAGE RD WEST VAIL Location: 501 N. FRONTAGE RD. W. Total Fees: $500.00 This Payment: $500.00 Total ALL Pmts: $500.00 Balance: $0.00 ***********~*******************~x******************************************************~~**** ACCOUNT ITEM LIST: Account Code Description Current Pmts ----------- ------------ --- -------------------- --------------- - PV 00100003112500 PEC APPLICATION FEES 500.00 Page 1 of 1 Scot Hunn -Solar Vail slopes From: To: Date: 03/13/2008 1:04 PM Subject: Solar Vail slopes Scot, I left you a voice mail in response to your voice mail. I have not looked at anything further since we met yesterday. Here is what I can tell you: 1. The site is disturbed up to somewhere near contour line 8280. 2. Our proposed building does not extend past contour line 8254 so we are well within the existing limits of disturbance. 3. The site is clearly less steep on the west side where we are proposing to build. You can see this on the 1976 site plan as well as when you are driving by the site. 4. Using what little information there is on the 1976 site plan that Bill and Warren gave me, the slope from contour line 8240 to 8250 is less than 40% at the approximate centerline of our west wing. It would be steeper at the east face and shallower at the west face of the proposed building. It appears that the steepest part of the pre-existing site was from contour 8230 to 8240 which is below the existing Solar Vail building. The site appears to have been significantly shallower uphill from contour line 40 on the west half of the site. 5. Averaging the slope from front setback line to rear setback line (using the current survey), Iget apre-existing slope of closer to 34%. 6. Connecting contour lines 30-50 near the property lines across the site yields slopes greater than 40% but the 1976 site plan shows that the contour lines bowed a bit resulting in shallower slopes on the west half of the site. This means carrying the contour lines from property line to property line does not give an accurate recreation of the preexisting site. 7. The gymnasium to the west is constructed roughly parallel to where we are proposing to build and if they were allowed to build on this slope without a variance, then some mechanism was used that resulted in a slope under 40%. I continue to assert that there is no real basis for determining if the pre-existing slope on the west half of the site was actually above 40% and that we are most certainly not building outside the already-disturbed hillside. I think it is pretty obvious that in the two PEC worksessions we have had to date, the proposed building on the already-disturbed slope was not of concern to the PEC. Hope this helps. Henry Henry Arott tal. 47p a7E~. N l a7 faM 47o.~e7d tbt2 ~,w~thrai~y Prczti S-h, ;•. !_nds~~l eArchiiczcts t'~" 1G~t1P.7 ~<i~th Fri ~ivrrr mud V~lest~ fi~ita ~~~ . W'nd, CO 5': [ _~ ' s.•wvr ~~;,l~re^~tt~w t3 rim It's Tax Time! Get tips. forms and advice on AOL Monev & Finance. file://C:\Documents and Settings\Administrator\I_ocal Se... 03/13/2008 (02/19/2008) Scot Hunn - Re: Solar Vail -Outstanding Issues and Info Request From: <GPAxVAIL@aol.com> To: <SHunn@vailgov.com> Date: 02/19/2008 1:45 PM Subject: Re: Solar Vail -Outstanding Issues and Info Request Attachments: PEC CUP criteria- housing.doc; PEC setback criteria for housing district.do c; Solar Vail Public Works PEC comments response 2-15-08.doc; 2008 FEB 19 S olar Vail-bedroom matrix.xls Here are the numbers you requested in one place instead of piecemeal. I am also attaching a revised spreadsheet and CUP letter for the housing showing a reduced number of beds based on the 250 SF per person. (You might have Nina check Ordinance #7 as the copy I have shows 200 SF per person for dorms- if it was revised, I need to know where to get the newer version. You might want to let Michael Brekka at VR know as well as last I spoke with him they were designing much tighter units at 200 SF per bed credit). I am also attaching my response to the Public Works letter. H In a message dated 2/19/2008 8:00:48 A.M. Mountain Standard Time, SHunn@vailgov.com writes: Henry, I am working on my staff memo and analysis for Solar Vail and have the following requests for further information regarding existing or proposed improvements on the site: 1. "Existing" data needed: -number of parking spaces (covered or uncovered) approx 29 with 12 under the building overhang -site coverage approx 6100 SF -landscaping (% of parcel in natural or landscaped conditions including sidewalks, patios, etc -should be the inverse of whatever existing site coverage is) approx 36545 SF -building height approx 36' Note: I don't need Witty gritty, just a ball park on existing conditions if possible for comparison sake in the memo. 2. Buildable area: you had shown a site plan with areas over 40% shaded; is it possible to run a quick calc. of the portion of the lot over 40%? Again, I would estimate approximately 40-50 % of the lot is 'unbuildable'. .511 acres or 22,263.9 SF is buildable 3. An updated site plan as we talked about showing grading and drainage. Again, I'm not looking for civils at this point, but do need to be confident in what I am recommending approval on -that retainage, grading and snow storage "work" with the surrounding area and with the proposed landscape plan should see the prelim version from Peak this afternoon. Still looking to get it to you tomorrow or Thursday. Page 1 (02/19/2008) Scot Hunn - Re: Solar Vail -Outstanding Issues and Info Request Page 2 4. An updated landscape plan showing grading and especially the proposed retaining walls/planting pockets on TOV property (at driveway and hammerhead). Also, I would suggest that a specific comment in our minutes from the last PEC meeting was to add landscaping along the western edge of the project to act as a buffer between the school and the proposed building. I realize that you would be proposing, in some instances, plantings off of Solar Vail property, but perhaps we could show any planting off property as "future plantings" to be coordinated with the TOV and School District. In progress. Lastly, because you are essentially asking for a variance from 20' setbacks (I calculate 15' on the west side from property line to building), I would ask that you provide a response to Section 12-61-5: Setbacks -there are four criteria that you need to demonstrate conformance with...pretty straight forward and I think you should have no issue making good arguements. Attached. Thank you and I will have an answer on fee waiver for CUP as soon as possible; I've emailed George and Warren and am waiting for a response. We took the application in and processed it without the fee today. I have informed Johannes of the $650 fee. Scot ''*********'**'`Ideas to please picky eaters. Watch video on AOL Living. (http://living.aol.com/video/how-to-please-your-picky-eater/rachel-Campos-dufty/ 2050827?NCI D=aolcm p00300000002598) G O N -~ i N O 0 TI m W cfl 0 v v_ CD a O O N X X y W N O O N (D O N Q I ~I W t m+ ~ i O O 3 ~ . rn ~~ N i -a I N ~ v I ~~ 3 "~O D CD ~ W ~n cn C i a ~~ O~ ~~ n w a rn )1 W ~~ ncNn 0 W O N ~ W W W W OD OD OD ~ ~ ~ ~1 N N N Cn Cn CJ~ CJl s N 1 ~_ ~ C' 3 . 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Ai ~~ ~ ~ 3 "~ "d D (D CD ~p ~?im W p W W i n. a ~ ~ 3 1 1 ~I~ y N CD O N O C31 N N Ul m m N Cn O N Q N O ~ ~ 00 1~ A ~ OD .A ~ ~ N N CSI CI1 Q < < ~~ O O ~ ~ ~~ L ~\ ~ D c 3 :.. D O <D •+ pt ~ O ~A O O ~A cn O W W r~ ~ ~ < y N ~ . ~ •~. ~S ~ ~ D ~ ~. ~ Q =m o ~ N ~_ ~ O Q ~ ~D ~D tp ~ ~ ~ ~ tv ~ C1 <D 7~ dl (Q v CJ1 O C ~ ~ ~ r D iIl n _2 rn C7 (n o_ N O O V !Z z O v /~ T v t_ m n N v O tr Cn r D C D Conditional Use Permit Application for Review by the f ; ,. Planning and Environmental Commission ~+ ,~ TU VY1V ~~ YI11L ' Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2139 fax: 970.479.2452 web: www.vailgov.com ' General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: ^ Rezoning $1300 ~ Conditional Use Permit $650 ^ Major Subdivision $1500 ^ Floodplain Modification $400 ^ Minor Subdivision $650 ^ Minor Exterior Alteration $650 ^ Exemption Plat $650 ^ Major Exterior Alteration $800 ^ Minor Amendment to an SDD $1000 ^ Development Plan $1500 ^ New Special Development District $6000 ^ Amendment to a Development Plan $250 ^ Major Amendment to an SDD $6000 ^ Zoning Code Amendment $1300 ^ Major Amendment to an SDD $1250 ^ Variance $500 (no exterior modifications) ^ Sign Variance $200 ti (rj Q 0 O O Description of the Request: ~ 3~ ~-t~~~i~~'~~ L U `~E ~~-~ IT`-~ ~~- ~ L~ ~~~ L l~ T(IPE 1!I F}fiJSIIJC~ 2\ OrriGE ~P~GE 1-J 1.1-~-51~.1G-r ZO~~ k~rsjlP_-{~T' ~ 0 i r ~n-°o I ~ttZifim ~7Qi~JG Conk 51Ywc~pN~ 7~ui='cc?~ /rV a}~E~.'. t3v ~~-a>> ~~' Location of the Proposal: Lot: ~ Block: 2 Subdivision: UAt ~- ~~~ ~T~ Physical Address: _~~~5~ I l~ • F~~y'R-G~E ~ -~l~-~T` Parcel No.: 2 I ~ (~~ ~ Z O I ~ (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: ~ ~ ~ ~~ ~ ~~ Name(s) of Owner(s): ~~~~~~~L-~ ~P~~ ~~ ~ ~~G . Mailing Address: ~ ~1~--~~`~ ~ ~ v~<<- ~ ~ ~~~5~ ~ ,Phone: 4 ~q - 5 ~D s . ~ `PT- Owner(s) Signature( )• Name of Applicant: ~+~~~ F~S~~~-- Mailing Address: . Phone: }}~,i,~-~(@ GPs ~~-Q.c.~-H ~ ~ ~ . c,~ E-mail Address: _ ,Fax For Office. Use Only: D~ 4~-t~ -1 ~ tZ Fee Paid:. Check No.: By: ' Meeting Dater =5 -- s ~'~ PEC No.: kJr~f ~ ~ ~ ~_~ I;± Planner: i' ~. { ( Project No.: ~ Page 1 of 5-04/28/04 Page 1 of 1 Scot Hunn -Solar Vail -Outstanding Issues and Info Request From: Scot Hunn To: GPAxVAIL@aol.com Date: 02/18/2008 4:35 PM Subject: Solar Vail -Outstanding Issues and Info Request Henry, I am working on my staff memo and analysis for Solar Vail and have the following requests for further information regarding existing or proposed improvements on the site: 1. "Existing" data needed: - number of parking spaces (covered or uncovered) - site coverage - landscaping (% of parcel in natural or landscaped conditions including sidewalks, patios, etc -should be the inverse of whatever existing site coverage is) - building height Note: I don't need Witty gritty, just a ball park on existing conditions if possible for comparison sake in the memo. 2. Buildable area: you had shown a site plan with areas over 40% shaded; is it possible to run a quick calc. of the portion of the lot over 40%? Again, I would estimate approximately 40-50 % of the lot is 'unbuildable'. 3. An updated site plan as we talked about showing grading and drainage. Again, I'm not looking for civils at this point, but do need to be confident in what I am recommending approval on -that retainage, grading and snow storage "work" with the surrounding area and with the proposed landscape plan. 4. An updated landscape plan showing grading and especially the proposed retaining walls/planting pockets on TOV property (at driveway and hammerhead). Also, I would suggest that a specific comment in our minutes from the last PEC meeting was to add landscaping along the western edge of the project to act as a buffer between the school and the proposed building. I realize that you would be proposing, in some instances, plantings off of Solar Vail property, but perhaps we could show any planting off property as "future plantings" to be coordinated with the TOV and School District. Lastly, because you are essentially asking for a variance from 20' setbacks (I calculate 15' on the west side from property line to building), I would ask that you provide a response to Section 12-6I-5: Setbacks -there are four criteria that you need to demonstrate conformance with...pretty straight forward and I think you should have no issue making good arguements. Thank you and I will have an answer on fee waiver for CUP as soon as possible; I've emailed George and Warren and am waiting for a response. We took the application in and processed it without the fee today. Scot Scot Hunn, AICP Senior Planner Town of Vail (970) 477-3551 Office (970)479-2452 shunn@vailgov.com file://C:\Documents and settings\Administrator\Local se... 02/18/2008 P ', ~bL~~~~ _ ~~ Scot Hunn - 200 _ ._.-- 8 FEB Sola - r Vail-b _ _....._.. _ edroom ... __...._.._.._..___.__, matnx.xls -.._. PROd€ ~T ~ a ~~ S 'OLAR V age 1 solar Vail _ Page 6 of 2007 rdinance No. 7 T.O.V.) _ Unit Level & Gross Units Per Area Total Beds Per Min. Size # of Employees Parking Sa. Ft./Level ype Level (sq. ftJ Area Level (GRFA) Housed Spaces __ __ arking Level__ _ No Housin~_Units -- 0 0 --_ - _ __ 33 11,941 office Parking No Housin~Units 0 0 __- 36 _ 11.941 __ - _. __ ~ffice Level ---- -- - ype A- Studio - 5 440 2,200 6.2 438 1.2 8 9.017 I Units on Office Level 5 2,200 6.2 ousing Level 1 ype A- Studio - 9 - 440 - 3,960 - -- 11.2 __ 438 1,2 - - - ype B- Studio 1 436 436 -- 1.2 438 - _ 1.2 - - _ ype C- Studio 1 453 453 1.2 438 1.2 ype D- 1 Bedroom 1 612 - 612 1.7 -613 -- _. 1,7_ - - ype E- 1 Bedroom 1 664 664 1.7 613 1.7 ype F- 3 Bedroom 1 1044 1,044 5.2 1225 1 bed every 200 sq. ft. ype G- 4 Bedroom 1 1248 1,248 6.2 1225 1 bed every 200 sq. ft. ype H- 4 Bedroom_ _ 1 1298 1,298 _ _ _ 6.5 1225 1 bed every 200 sq. ft. 11,582 Total Units on Level 1 16 9.715 35.2 ousing Level 2 ype A- Studio 9 440 3,960 11.2 438 1.2 ype B- Studio 1 _ 436 436 1.2 438 __ 1.2 ___ - ype_C- Studio 1 453 453 1.2 438 1.2 _ ype D- 1 Bedroom 1 612 612 1.7 613 1.7 _ype E- 1 Bedroom 1 664 664 1.7 613 1.7 _ ype F- 3 Bedroom 1 _ _ 1044 1 044 5.2 1225 1 bed every 200 sq. ft. ype G- 4_ Bedroom 1 _ 1248 _ _1 248 6.2 1225 1 bed every 200 g. ft. - - -- - - ype H- 4 Bedroom 1 1298 1,298 6.5 1225 1 bed every 200 sq. ft. 11.582 Total Units on Level 2 16 9,715 35.2 ~ousingLevel3 ypeA-Studio 9 _ 440 3,960 112 ___ 438 1.2 __ ype_B-_Studio 1 436 __ 436 1.2 _ _438 _ _ 12 _ _ voe C- Studio 1 453 453 1.2 438 1.2 \DOCUME-1VID MINI-1\LOCALS-1\Tem p\gwprint\2008 F EB Solar Vail-bedro on4da51Rx.xls Page 1 of p ~c~~od~ D FEB 1; 2008 TOWN OF VAIL ~ - _ - - --------- -- - -Pfd@JE~T # 270 SOLAR V _ _ i ', ~bg~~~3~~ Scot Hunn - 2008 FEB Solar Vail bedroom matrix.xls age 2 ~ solar Vail Paqe 6 of 2007 rdnance No. 7 T.O.V.) Unit Level & Gross Units Per Area Total Beds Per Min. Size # of Employees Parking Sq. Ft./Level ype Level (sq. ftJ Area Level - (GRFA) Housed --- Spaces - _ -- ype D- 1 Bedroom 1 612 612 1 7_ 613 1.7 ype E- 1 Bedroom 1 - 664 - 664 1.7 613 _ _ _ 1.7 - ype F- 3 Bedroom 1 1044 1,044 5.2 1225 1 bed every 200 sq. ft. _ _ype G- 4 Bedroom. _ _ 1 1248 1,248 6.2 _ _ _ _ 1225 1 bed every 200_sq. ft. __ _ . ype H- 4 Bedroom 1 1298 1,298 6.5 1225 1 bed every 200 sq. ft. 11,582 Total Units on Level 3 16 9,715 35.2 ousing Level 4 ype A- Studio 9 440 3,960 11.2 438 1.2 ype B- Studio 1 436 . 436 1.2 438 L2 ype_ C- Studio 1 453 453 1.2 438 1.2 ype D- 1 Bedroom 1 612 612 1.7 613 1.7 ype E- 1 Bedroom __ 1 664 664 1.7 - 613 _ _ 1.7 _ - ype F- 3 Bedroom 1 1044 1,044 5.2 1225 1 bed every 200 sq. ft. ype G- 4 Bedroom 1 -_ - 1248 -- 1,248 6.2 1225 - 1 bed every 200 sq. ft. -- __ __ ype H- 4 Bedroom 1 1298 1 298 6.5 1225 1 bed every 200 sg. ft. _ 11,582 Total Units on Level 4 16 9,715 35.2 ousing Level 5 ype A2- Studio 5 390 1,950 5.5 438 1.1 ype A3- Studio 2 419 838 2.4 438 1. ype B- Studio 1 436 436 - - 1.2 438 1.2 _..-- ype J- 1 Bedroom 1 464 464 1 3 613 1.3 ype K- 1 Bedroom 1 522 522 1.5 613 1. ype L- 1 Bedroom 2 578 1 156 3.3 613 1.6 ype M- 2 Bedroom 1 847 847 _ __ 2.2 788 2 2 8,591 Total Units on Level 5 13 6,214 17.5 87,818 Total Units 82 ~_ _ _ _.47,276 164.65 _ _ _ _ ___ 77 Parkin S ai I \DOCUME-1\ADMINI-1\LOCALS-1\Temp\gwprint\2008 FEB Solar Vail-bedroomde~ax.xls Page: 2 of FEB 1 ~ 2008 TOWN OF VAIL (02/18/2008) Scot Hunn - PEC CUP criteria- housing.doc Solar Vail Conditional Use Permit Application For Employee Housing in the (H) Housing Zone District Whereas, Section 12-6I-3 of the Town of Vail Town Code lists Type VI employee housing as a conditional use in the (H) Housing Zone District, and, Whereas, the applicant is seeking approval to construct not-for-sale 82 EHU's of various sizes and configurations on the existing Solar Vail site, and, Whereas, the applicant is seeking approval to assign the deed restrictions to entities other than the applicant who need to satisfy TOV EHU requirements, and, Whereas, Section 12-13-3 (E) requires a management plan to be included in the CUP application: Written Management Plan For Type VI EHUs: For the purposes of this title, a type VI EHU is an EHU which shall be governed by a written management plan or other written program approved by the planning and environmental commission. The management plan is the principal document in guiding the use of a type VI EHU. The management plan shall be reviewed and approved by the planning and environmental commission as part of the conditional use permit application for a type VI EHU in accordance with chapter 16 of this title. 1. Management Plan Contents: a. Parameters: The management plan shall include all relevant material and information necessary to establish the parameters of the type VI EHUs. b. Exclusive Use: The management plan shall demonstrate that the type VI EHUs are exclusively used for and remain available for employee housing. c. Notice Of Record: The management plan shall provide a mechanism to provide adequate notice of record to prospective owners to ensure that the requirements of the plan shall be met with any future changes in ownership. d. Occupancy: The management plan shall include adequate provisions to ensure that the EHUs shall be occupied, and shall not remain vacant for a period to exceed three (3) consecutive months. e. Affidavit: No later than February 1 of each year, the owner of a type VI EHU shall submit to the department of community development one copy of a sworn affidavit on a form from the department of community development, to establish that the EHU has been used in compliance with the management plan. The applicant herein presents their proposed Management Plan: Parameters: Per conversations with the Staff and the attached spreadsheet, we propose the following parameters: a. The proposed project is comprised of 82 EHU's of various sizes. Proposed (and subject to refinement as the design moves forward) are: _._._ Page 1 1) 57 studios _ _ _- _ _ _.___ _...._.__ m..~ i~ (02/18/2008) Scot Hunn -PEC CUP criteria- housing.doc 2) 12 one bedroom units 3) ]two bedroom unit 4) 4 three bedroom dormitory style units 5) 8 four bedroom dormitory style units All units, except for (7) studios and (3) one bedroom units on the top floor are equal to, or in excess of, TOV minimum sizes as dictated in Ordinance #8, series of 2007. As the design progress, it may be possible to enlarge the top floor units to meet the minimum sizes required. The number of "beds" associated with these units shall be pro-rated to 350 SF per bed. At the time of this CUP submittal, we are showing a total of 164.65 EHU "beds" in the project. b. All units shall be rental type units and none are proposed for sale. Rentals shall be controlled by the applicant's management company. Priority shall be given to employees working in the Town of Vail and rents shall be "attainable" for employees working in the Town of Vail. c. All units shall be deed restricted per TOV requirements in place at the time of PEC approval. Deed restrictions shall be recorded prior to the building receiving a CO. Deed restrictions shall be assignable to entities other than the applicant and these assigned deed restrictions shall be allowed to satisfy EHU requirements that an entity may be obligated to provide to the TOV. 1) Deed restrictions shall be by unit except as noted below. 2) Assignment of deed restricted "beds" (as defined in Ordinance 8, series of 2007) shall be by entire unit except as noted below. Assignments are permanent and may not be reassigned. Except as noted below, assignments are not required to be made prior to building CO. To replace the existing deed restricted units on the site, 5730 square feet of EHU floor area shall be deed restricted under a "blanket" type deed restriction and the "beds" assigned to the Applicant/Building Owner. This area of EHU's may not be used to satisfy future EHU requirements however, this area of deed restricted units may be transferred to other EHU's off site per previous agreements with the TOV. Assignment shall take place at the time of deed restriction. e. if approved by the PEC as a conditional use. The proposed office space (currently shown at 4850 sf) shall have 3.1 EHU beds assigned to the Applicant/ building Owner as required by Ordinance #7, series of 2008. These beds may not be used to satisfy future EHU requirements. Assignment shall occur at the time the units are deed restricted. If the office space expands in the future to the full 6000 sf requested in the Conditional Use permit, additional EHU "beds" shall be assigned to the Applicant/Building Owner per the formula in place at the time of PEC approval. Exclusive Use: The Applicant has maintained employee housing on the Solar Vail site since acquiring the property so he has a long standing track record of ___ .Page 2 (02/18/2008) Scot Hunn -PEC CUP criteria- housing doc providing housing for his employees. The proposed redevelopment does not contain any for-sale units, all units will be deed restricted and the applicant intends for this project to meet his employee housing needs well into the future. 3. Notice of Record: The units are all deed restricted which will show in the title report. 4. Occupancy: With no for-sale units to offset the development costs for this project, it is in the Applicants best interest to maintain as high an occupancy rate as possible. 5. Affidavit: The Applicant shall comply with the requirement for an annual affidavit. Whereas, Section 12-16-6 directs the PEC to consider the following factors with respect to the proposed Conditional 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. The applicant herein provides the following response to the above factors: 1. The TOV has identified employee housing as a top priority. This project will substantially increase the number of EHU's on the site. 2. The increase in the number of residents living on this site will have no appreciable effect on light and air at this site or the adjacent school or open space. Ridership on the TOV bus routes will increase as the residents will use both the Sandstone and West Vail routes to access Vail Village and the shopping in West Vail. The existing pedestrian bridge will provide easy access to Lionshead and it is likely that there will be increased usage of the adjacent bike path and sidewalks. It is not likely that there will be too much of an impact on the adjacent school or nearby parks as the proposed units and the living environment is not conducive to families with children. 3. A preliminary traffic study is being prepared and will be submitted for review by the PEC and the TOV. The location of the Solar Vail site may actually reduce the number of vehicular trips into and around the Town since it is so easy to walk or take the bus to almost any point in Town. Increasing the number of employees housed on this site means that many fewer employees living elsewhere in the Valley who need to drive to work and find a place to park. The scope of this project includes improvement of the existing vehicular access including a snowmelted turn-around spur for trash, fire and delivery vehicles. The access drive and (minimal) exterior parking have excellent south exposure so maintaining the access drive will not require full snowmelting of the drive to keep it clear of ice and snow most of the time. In times when there is a need to store snow, Page 3 , (02/18/2008) Scot Hunn - PEC CUP criteria- housing.doc we would propose to use the 4 guest parking spaces at the southwest corner of the site for temporary storage of snow until it can be removed off site. There is also an area at the east end of the property that has historically been used for snow storage. Pedestrian safety will also be enhanced. Current residents either walk down the unimproved drive at the east end or cross onto the Elementary School property and either walk down their access drive or through their playground. The proposed project includes a new stair-and-sidewalk connection to the existing sidewalk along the Frontage Road at the west end of the site that will hopefully provide a more direct route to the bus stop and Frontage Road walk/bike path. 4. The neighborhood for the Solar Vail site is characterized by TOV open space to the east and the Elementary school to the west. The property rises steeply behind the project and there is TOV open space immediately above that. Increasing the number of EHU's on the site, with the corresponding increase in scale and mass will have little or no impact on the surrounding uses or the character of the area. Page 4 ~T(02/18/2008) Scot Hunn -PEC CUP criteria- offices.doc Solar Vail Conditional Use Permit Application For Office space in the (H) Housing Zone District Whereas, Section 12-6I-3 of the Town of Vail Town Code has been amended to allow Professional office space as a conditional use in the (H) Housing Zone District, and, Whereas, the applicant is seeking approval to construct less than 6000 square feet of office space within the bulk and mass of the proposed Solar Vail Employee Housing project, and, Whereas, Section 12-16-7 further regulates this use with the following restrictions: 15. Business Offices and Professional Offices in the Housing (H) District: a. Business and professional offices shall be secondary to the residential use of the District. The net floor area of the office use shall be not greater than 15% of the net floor area of the development site. b. The sale of merchandise shall be prohibited. c. Off-street parking shall be provided in accordance with the provisions of Chapter 12-10 of this title and shall be clearly separate from the area designated for residential parking. d. No overnight parking or storage of commercial vehicles associated with the professional or business office use shall be permitted. e. Signage shall be permitted in accordance with Section 11-6-3-A: Business Signs within Sign District 1 (Title 11: Sign Regulations, Vail Town Code) and shall be subject to design review. f. The number of employees allowed in a business office or professional office within the Housing District shall not exceed one employee for each 200 square feet of net floor area. g. Homeowner Association or property owner approval shall be required of all Conditional Use Permit applications for a Professional Office or a Business Office within the Housing (H) District pursuant to Section 12-11-4: B:D, Application Form, Vail Town Code The proposed office use, as submitted, is in accordance with these restrictions, and, Whereas, the Monday-Friday lam to Spm operating hours of professional offices mesh very nicely with the living cycle of employee housing (residents leave for work, office occupants arrive; offices empty, employees return home from work; residents at home on weekends, offices relatively empty), and, Whereas, Section 12-16-6 directs the PEC to 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 age (02/18/2008) Scot Hunn -PEC CUP criteria- offices.doc Page 2 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. The applicant herein provides the following response to the above factors: The applicant is the Owner /Operator of one of Vail's premiere boutique hotels. Substantial space within the hotel is currently occupied by administrative departments whose function does not require direct guest contact. The applicant wishes to relocate some of these departments into the proposed office space to free up space that can be used to expand and enhance the guest services at the hotel. Improved or enhanced guest facilities are a direct benefit to the Town of Vail and our hospitality based economy. The applicant is proposing to ]ease any office space in excess of his current needs. While the amount of office space proposed to be leased is relatively small, the amount of office space within the TOV has been declining recently as existing office space gets demolished and replaced with condominiums, etc. The small amount of office space available for leasing will help to offset the recent loss of office space in the TOV without impacting the already dense Village cores. Offices are occupied year- round whereas condos, especially at the higher end, are not. Offices provide an opportunity to live and work in the TOV and add balance to an otherwise seasonal economy. The Town Council has identified the need for more office space as a top priority. 2. The addition of one additional floor of height for the office space has no appreciable effect on light and air for this property or the adjacent school or open space parcels. Parking for the office space is being provided per Town Code section 12-12-10 with 16 of the required 20 spaces being provided within the structure. There is also excellent access to the Vail and Lionshead cores and to West Vail via the adjacent bus stop and pedestrian bridge over I-70. The proposed office space should have no impact on the schools or parks nearby as the offices will be for established Vail businesses likely displaced by the loss of existing office space in the TOV. 3. A preliminary traffic study is being prepared and will be submitted for review by the PEC and the TOV. The proposed office space is relatively small and much of the space is intended to house certain departments that are currently located at the Sonnenalp Hotel. While the number of vehicular trips will certainly increase on this site, there will be a corresponding decrease in trips on Vail Road and the other Village access roads. It is also possible that some of the employees working in the office space will be Solar Vail residents (3.1 beds are required to be assigned to the office space) which will serve to eliminate even more traffic within the TOV. The proposed office use should have no significant impact on access, maneuverability or snow removal that would not already be required for the on site housing. 4. The neighborhood for Solar Vail is characterized by TOV open space to the east and the Elementary school to the west. The property rises steeply behind the project and there is TOV open space immediately above that. The proposed office space occupies (02/18/2008) Scot Hunn - PEC CUP criteria- offices.doc Page 3 part of one floor of the building at the first level above the parking levels. The extra height, bulk and mass generated by this level has little or no impact on the adjacent properties or the character of the "neighborhood". 02/18/2008) Scot Hunn -PEC CUP criteria- telecom.doc Solar Vail Conditional Use Permit Application For Continuing the existing Telecommunications antennae use At the Solar Vail site Whereas, there is an existing Conditional Use permit for the Telecommunications equipment and antennae at the Solar Vail building, and, Whereas, the Solar Vail site is at a bend in the Valley and services the telecom needs of all users between Ford Park and Dowd Junction, and, Whereas, the applicant is seeking approval to continue this use during and after construction of the proposed new Solar Vail Employee Housing project, and, Whereas, the antennae and associated equipment, cables, etc will be integrated into the building architecture as follows and will be an improvement to the currently approved installation: 1. All equipment will be internal to the building and located at the top floor at both the east and west ends of the building. 2. All cabling will be internal to the building instead of roof mounted as they currently are. 3. The antenna requirements of the (4) cell phone companies require a certain degree of separation so the antennae will be attached to the face of the building and to several chimneys specifically dedicated to this use. These antennae are generally 4' in height and 12" wide and can be painted to match the facade or can be painted to act as decorative elements. 4. Antennae have a limited field of reception so each telecom company requires multiple antennae at each end of the building. (It remains to be seen if the Telecom companies will require more antennae than they have now.) 5. Access to the chimney mounted antennae will be via roof hatch and then by rope and harness as is preferred by the Telecom providers. Access to building mounted antennae will be through the wall they are mounted to. and, Whereas, Section 12-16-6 directs the PEC to 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. Page 1 ~ (02/18/2008) Scot Hunn - PEC CUP criteria- telecom.doc Page 2 The applicant herein provides the following response to the above factors: The telecom companies have successfully integrated their products and services into our lives and continue to increase and expand the services they provide. All of us, to some extent or another, have become dependent on these services. The Solar Vail site is optimally located to provide service for a large part of central Vail. It would be detrimental to the TOV's image and reputation if the services of the (4) telecom companies currently located at the Solar Vail site were to be degraded, disrupted or discontinued. 2. There are telecom antennae and equipment presently sitting on top of the existing Solar Vail Building. There are numerous cable racks on the roof extending from one end of the building to the other. All of this will be integrated into the new Solar Vail Building. There will be no impact on the factors listed in this paragraph. 3. The telecom equipment will have little or no additional impact on the factors listed in this paragraph beyond what occurs at present. The equipment will require periodic servicing but the service vehicles can easily be accommodated in the parking structure or outside in the loading or guest parking spaces. 4. The fact that the Solar Vail site currently houses these antennae and equipment and that the applicant is proposing to integrate the antennae into the building architecture should be an indication that there will be little or no negative impact on the character of the surrounding area. The proposed chimneys add detail to the building and serve to break up the roofline while adding very little to the proposed scale and bulk of the building. ~~ (02/18/2008) Scot Hunn - SolarVailParkingPlan.doc Solar Vail Parking Management Plan February 14, 2008 Page 1 This parking management plan is based on 69 garage parking spaces, 8 outdoor parking spaces, and Loading and Delivery spaces. It further assumes 82 units, 57 studios, 12 one- bedrooms units, ltwo-bedroom unit, 4three-bedroom units, and 8four-bedroom units, as well as less than 6,000 sf. of office space. Parking for employees renting at Solar Vail -this management plan is based on many years of experience operating the existing Solar Vail Property as employee housing for the Sonnenalp. While the proposed building is significantly larger, the use and a large proportion of unit types will be very similar. We therefore predict the following conditions: (]) approximately 2/3 of the housing population of Solar Vail will consist of employees visiting the US on some kind of Visa Program limiting their visits to anywhere from 4 to 18 months. All of these employees are from foreign countries and therefore only about 20% of these employees will have cars. (2) Employees working for Sonnenalp under visa programs have a specific contract which specifies conditions of employment. This contract defines amongst many other things the housing arrangements. Sonnenalp can manage the number of employee cars by simply specifying in the employment contract that housing does not include any parking. Since Solar Vail is within easy walking distance from work and the village, as well as directly on the bus route, this a reasonable and customary condition. (3) Employees requiring a parking space will generally not use their cars for the short trip from Solar Vail to the Sonnenalp. Sonnenalp does restrict employee parking on hotel property depending on season and other customer driven factors. It is therefore more convenient to simply walk and use the in-town bus service for the short trip. This will significantly reduce trips in and out of the property and will allow easier management of tandem parking spaces. (4) The present garage plan shows 36 tandem parking spaces. That translates into 18 spaces that will be difficult to access when the garage is completely full. We will manage this situation by assigning those spaces to three-bedroom and four-bedroom tenants living in units with more than one vehicle per units allowing easier communication and co-ordination of car owners. Presently, only a portion of Solar Vail parking spaces is used by Solar Vail tenants. We use the unused spaces to park overflow Sonnenalp vehicles at that location. We anticipate that this situation will occur at the `new Solar Vail', in which case we would effectively use tandem space parking. - -- --- -- ___T - --- _... __ _ ... (02/18/2008) Scot Hunn - SolarVailParkingPlan.doc _ ~ _Page 2 Parking for Office Space -Based on the currently proposed 4750 sf of office space, the zoning requirements call for 20 parking spaces to be allocated to the office space at Solar Vail. We anticipate the following conditions relative to those spaces: (1) about 50% of the office space will be used for Sonnenalp Administrative offices. As those functions presently exist, we know the number of employees working in that portion of this office space and can therefore predict that only 5-7 spaces will used. (2) The office will be open and spaces will be used from 8 AM to 5 PM Monday through Friday. Therefore, the spaces will be available on weekends and for overnight parking to non-office users. This parking use pattern can be matched with housing tenants working during the day requiring parking only at night when the office parking spots are unused. Parking for guests of housing tenants and office tenants - a certain number of spaces will be used for guest parking. The current site plan shows 8 outside parking spaces. We would propose to use those spaces for guest parking. Most guest-parking will be generated by office clients and will therefore occur during regular business hours. Housing guest parking will mostly occur in the evening hours, generally after 5 PM. We therefore believe that the outdoor spaces can accommodate all guest-parking. Using the outdoor portion of the parking for guest parking will also permit spaces 41-44 to be used for snow storage in the event that on-site snow storage becomes necessary before being removed from the property entirely. Page 1 of 1 Scot Hunn -Solar Vail From: To: Date: 02/15/2008 9:18 AM Subject: Solar Vail Attachments: Scot, I met with Mark Luna from Peak yesterday afternoon and he had already had a conversation with Chad Salli at Public Works. Most of the items on the comment list are boilerplate and can be resolved after we get PEC approval for the project (again, we can attach the list as a condition of approval). Mark is working on getting the immediately pertinent information on the drawings for next week. I am hoping to get you his drawings by next Thursday at the latest. I will get you our response to these comments as soon as I hear back from Mark. Please find attached the CUP documents for all 3 applications (I will drop off the signed application later today). The housing management plan is in the CUP document for the Housing. I am also attaching Johannes' Parking management plan. If you have any comments after the staff meeting next Tuesday, let me know and I can quickly revise them as necessary. I am also have a short 3D "flyover" that I would like to present at the PEC hearing (it's too big to email). I need to set up a time before the meeting to go in and make sure I know how to connect to the equipment in the Council room. It seems like a lot of effort for such a short video, but I think it shows the building favorably. Have a good weekend, Henry Henry Aron nrl 97pe7@ 11~i7 i~w~ 970.xi 5 t~T2 ^,~~wrnf`~r-~c}^ Pn-r+4 SrF;_'•• [;ncir.'I i~r--}-it~cC~, v'~ IVJfJ s'c~th ~~n iar M:e~nd ~,'~~at, _ar~ i_1 • ;i~d. G~1+~it+~T The year's hottest artists on the red carpet at the Grammy Awards. AOL Music takes you there. file://C:\Documents and Settings\Administrator\Local Se... 02/18/2008