HomeMy WebLinkAboutLIONS RIDGE FILING 1 BLOCK C LOT 1 TO 5 TIMBER RIDGE REZONING LEGALr-a r
Planning and Environmental Commisson
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail. Colorado 81657
tef : 970.479.2139 fax:. 97O.479.2452
web: www.vailgov,com
PToJect Name: TIMBER RIDGE REZONING
Proiect Description:
Participants:
PEC Number: PEC070029
FINALAPPROVAL FORA REQUESTTO REZONE LOTS C1, C2,C3,C4 AND C5, UONS RIDGE 1ST
RLING TO HOUSING ZONE DISTRICT
Ft[ t COPY OWNER VAIL COLORADO MUNICIPAL BLDGO5/16/2007
75 S FRONTAGE RD
VAIL
co 816s7
APPLICANT VAIL COLOMDO MUNICIPAL BLDGOs/16/2007
75 S FRONTAGE RD
VAIL
co 816s7
75 S FRONTAGE RD WEST VAIL Project Address:
Legal Description:
Parcel Number:
Comments:
Location: TIMBER RIDGE
Loh A @B Block: 5D Subdivision: Vail Village Filing 1
2101-064-0000-3
BOARD/STAFF ACTION
Motion By:
Second By:
Vote:
Gonditions:
Kjesbo
Cleveland
7-0-0
Action: APPROVED
Date of Approvalt 061 Ll/2007
Cond: 8
(P|-AN): 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: 113
All development applications submitted to the Town after the effective date of
Ordinance 26, Series 2006 shall be subject to the pending employee housing
regulations in whatever form they are finally adopted; provided, however, that if
the Town fails to adopt the pending employee housing regulations by April L5, 2007,
this Ordinance shall not apply to such development applications.
Planner: George Ruther PEC Fee Paidr $0.00
Rezoning
Application for Review by
Planning and Environmental Com
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 97Q.479.2L28 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:
6 tr
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El
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DescripUonoftheRequest: a nn4nnsr rn npzoltE r{rr.S Cl, C2, C3,Cr,,6, G5
I.TONS RTTIGE I ST FTI.TN.] TN
Location of the Proposal: Lot:_Block:Subdivision:SEE AXOVB
Physical Address: 1280 I{ORTE FRONTAGE RoAn
parcelNo.: zlo I o(r{ oooo3 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Zoning:N/A
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nl. l,|AY 16 2001
FSron
TOWN OF VAIL
+)
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'.I J
Rezoning $1300
Major Subdivision 91500
Minor Subdivision 9650
Exemption Plat 9650
Minor Amendment to an SDD $1000
New Special Development District $6000
Major Amendment to an SDD $6000
Major Amendment to an SDD $1250
(no exterior modifications)
tr Conditional Use Permit tr FloodplainModification tr Minor Exterior Alteration n Major Exterior AlteraUon E Development Plan E Amendment to a Development Plan tr Zoning Code Amendment D Variance tr Sign Variance
$6s0
$400
$650
$800
$1500
$2s0
$1300
$s00
$200
Name(s) of Owner(s);TOIIN OF VAIL
Mailing Address:75 SOITTB FROITTACE NOAN
L7 g-? | OO
Owner(s) Signature(s):
Name of Applicant:
Mailing Address:
For (Xfice Use Only:
Planner: z R ProjectNo.:
E-mail Address:
]OINT PROPERTY OWNER
WRITTEN APPROVAL LETTER
a joint owner of property located at
provide this letter as wriften approval of the plans dated
which have been submitted to the Town of Vail Community Development Department for the
proposed improvemenE to be completed at the address noted above. I understand that the
proposed improvements include:
(Signature)(Dar)
Additionalln please cheCk the statement below which is most applicable to you:
D I undentand that minor modifications may be made to the plans over the aurse of the
review proess to ensure compliance with the Town's apphtable codes and regulations.
(Initial here)
D I request that all modifications, minor or otherwise, whhh are made b the plans over the
cource of the review process, be brought to my attention by the applicant for additional approval
before undergoing further revie.w by the Town.
(Inilial here)
r
Request for a Change in District Boundaries
(Rezoning)
Submittal Requirements
GENERAL INFORMATION
A request for a change in district boundaries may be initiated by the Town Council, by the Planning and
Environmental Commission, by petition of any resident or property owner in the Town, or by the
Administrator.
SUBMITTAL REOUIREMENTS
tr Fee: $1300.00
a Stamped, addressed envelopes and a list of the property owners within and adjacent to
the boundaries of the area to be rezoned or changed, inciuding properties behind and across
streets. The list of property owners shall include the owners' name(s), corresponding mailing
address, and the physical address and legal description of the property owned by each. The applicant
is responsible for correct names and mailing addresses. This information is available from the Eagle
C-ou nty Assessor's offi ce.
f Written approval from a condominium association, landlord, and joint owner, if applicable. .
a A written statement addressing the following:
a. A description of the proposed changes in district boundaries.b. How the proposed change in district boundaries is consistent with the adopted goals,
objectives and policies outiined in the Vail Comprehensive Plan and compatible with the
Town of Vail's development objectives.c. How the proposed change in district boundaries is compatible
adjacent uses and appropriate for the area,d. How the proposed change in district boundaries is in the best
health, welfare and safety.
I A map indicating the existing and proposed district boundaries (3 copies)
o Maps must also be submitted in 8.5" x 11" reduced format. These are required for the
Planning and Environmental Commission members' information packets.
o Additional Material: The Administrator and/or PEC may require the submission of additional plans,
drawings, specifications, samples and other materlals if deemed necessary to properly evaluate the
proposal.
PRE-APPLICATION CONFERENCE
A pre-application conference with a planning staff member is strongly encouraged. No application will be
accepted unless it is complete. It is the applicant's responsibility to make an appointment with the staff
to determine submittal requirements.
TIME REOUIREMENTS
The Planning and Environmental Commission meets on the 2nd and 4th Mondays of each month. A
complete application form and all accompanying material (as described above) must be accepted by the
Community Development Department by the appropriate submittal date, which is a minimum of four (4)
weeks prior to the date of the PEC public hearing. Incomplete applications (as determined by the
with and suitable to
interest of the public
Flcdev\FORMS\Permits\Planning\PEcVezoning.doc Page 3 of 4
i{
planning staff) will not be accepted.
ADDMONAL REVIEW
A. If this application requires separate review by any local/ State or Federal agency other than the Town
of Vail, the application fee shall be increased by $200.00. Examples of such review, may include, but
are not limited to: Colorado Depaftment of Highway Access Permits, Army Corps of Engineers 2104,
B, The applicant shall be responsible for paying any publishing fees which are in excess of 50o/o of the
application fee. If, at the applicant's request, any matter is postponed for hearing, causing the
matter to be re-published, then, the entire fee for such re-publication shall be paid by the applicant
C. Applications deemed by the Community Development Department to have design, land use or other
issues which may have a significant impact on the community may require review by consultants in
addition to Town staff. Should a determination be made by the Town staff that an outside consultant
is needed, the Community Development Department may hire the consultant. The Department shall
estimate the amount of money necessary to pay the consultant and this amount shall be forwarded
to the Town by the applicant at the time of filing an application. Expenses incurred by the Town in
excess of the amount forwarded by the applicant shall be paid to the Town by the applicant within 30
days of notification by the Town. Any excess funds will be returned to the applicant upon review
completion.
Please note that only complete applications will be accepted All of the rcquired information must be
submined in order foi the opplication to be deemed complete.
Flcdev\FoRMs\Permits\Planning\PEc\rezoning.doc Page 4 ol 4 1l4106
Development
Standards
Purpose:
Permitted Uses:
Setbacks:
Site Coverage:
Landscape Area:
Parking:
Height:
GRFA:
Density:
Review Process:
Land Use
Plan Amendment:
Timeframe:
Timber Ridge Affordable Housing
Rezoning Options
IIDMF District
Compliance
Compliance
20 feet on all sides
55%
30%
Per Chapter 10
48 feet max.
76% ofbuildable
25 unitVacre
DRB
PEC (EHU CUP only
TC (rezoningonly)
Yes
2-3 months
H District
Greater Compliance
Greater Compliance
20 feet on all sides with
the ability to deviate without
avaiwrce (lexibility)
55% with the abilityto
deviate (lexibility)
30%
Per Chapter 10 with the
ability to deviate (flexibility)
Prescribed by the applicant
and approved by the PEC
Frescribed by the applicant
and approved by the PEC
Prescribed by the applicant
and approved by the PEC
DRB & PEC
TC (rezoningonly)
Yes
3-4 months
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From:
To:
Date:
Subject:
Suzanne Silverthorn
George Ruther
0511612007 2:38:45 PM
Re: Draft Release on Timber Ridge
Yes, George. lt is exactly wtrat we're looking for. Nina, do you have anghing else to add?
Suzanne Silverthorn, APR
Community Information fficer
Town of Vail
(s7o\ 479^2115
(970) 479-2a51 (fax)
www.vailqov.com
>>> George Ruther 5/16/2007 2:31 PM >>>
Take a look and let me know if this is what you were looking for.
Thanks,
FOR IMMEDIATE RELEASE
May 1O 2007
Contact: George Ruther, 479-2'145 (or Nina?)
Interim Community Development Director
TOWN OF VAIL BEGINS EARLY PLANNING PROCESS FOR
REOEVELOPMENT OF TIMBER RIDGE PROPERTY
(Vail)-ln anticipation of the pending redevelopment of the TimberRidgeVillageproperty on North Frontage
Road, the Town of Vail Community Development Department is initiating a process to amend its land use
plan and to place zoning on the town-owned property.
Timber Ridge was built in 1980 and is the largest rental developmenl in Vail with 198 units. lt was
purchased by the town for $20 million in 2003 to preserve the properly as employee housing. Upkeep of
the units has beoome increasingly cost prohibitive causing the town to envision a tear{own/rebuild
soenario as the most suitable option for the 10.08-acre property.
Afler reviewing proposed next steps, the Town Council has directed Interim Community Development
Director George Ruther to proceed with updating the Vait Land Use Plan. Ruther says the update will be
used to identify parameters associated with the propertp future redevelopment, such as the mix of
residential uses, number of dwelling units, site access, and overall bulk and scale of the buildings A draft
of the Land Use Plan update will be prepared by staff for initial review by the Planning & Environmental
Commission at its June 1 1th meeting. The draft will also be posted on the towns web site at
www.vailgov.com ( htlp:/Aryww.vailoov.com/ X hfto://www.vailoov.com/) beginning June 1st. Adoption of
the amendment will ultimately be determined by the Town Council.
In addition, the Community Development Department has been directed to file an apdication to apply
zoning to the Timber Ridge property. lt is cunently a Special Development District without underlying
zoning. Ruther says the staff will recommend use of the Housing Zone District, a relatively new
classification which was created in 2001 and has only been applied to the MiddleCreekVillage site which
contains 154 rental units. A hearing on the zoning application has also been scheduled for June 11th
before the Planning & Environmental Commission, which upon review of the request, will fonvard its
recommendation to the Town Council for final action.
Ruther sayrs the Land Use Plan amendment and the zoning decision are precursors to more specific
discussions about the mix of housing on the property. The toarn staff has scheduled a worksession
meeting with the Vail Town Council on June Sth to get the Council's initial thoughts regarding the mix of
housing types and to share opportunities for future housing options on the site. lt is anticipated to take
approximately two to three months to complete the land use plan and zoning process giving the public
ample opportunity to participate in the decision-making process.
The Timber Ridge site has been identified as a componeni in redevelopment of the LionsHead parking
structure as negotiations continue between the town and Open Hospitality/Hillwood Capital Partners. The
developer has proposed 1o rebuild Timber Ridge to meet employee housing requirements associated with
the parking structure redevelopment and has suggested possible partnerships with other developers who
also have employee housing requirements.
For additional details on the Timber Ridge planning, contact Ruther at 47$2145.
George Ruther, AICP
Chief of Planning
Town of Vail
(970) 47$2145 ofiice
(970) 376-2675 cell
{97O) 47*2452fax
qruther(evailoov.com
>>> Suzanne Silverthorn OSnGlmAT 11'26 AM >>>
Here's a very rough draft of a release on the next steps for Timber Ridge. Please take a look and make
whatever changes and addilions pu'd like. Any time we can announce an upcoming meeting or a public
discussion on this, I think we'll be better off in the long run. Thanks for your help.
FOR IMMEDIATE RELEASE
May 16,2OO7
Contact: George Ruther, 479-2145 (or Nina?)
Interim Community Development Director
TOWN OF VAILBEGINS EARLY PLANNING PROCESS FOR
REDEVELOPMENT OF TIMBER RIDGE PROPERry
(Vail)ln anticipation of the pending redevelopment of the TimberRidgevillageproperty on North Frontage
Road, the Town of Vail Community Development Department is initiating a process to amend its land use
plan and to place zoning on the town-owned property.
Timber Ridge was built in _ and is the largest rental development in Vail with 198 units. lt was
purchased by the to.vn for $20 million in 2003 to pres€rve tfre property as employee housing. Upkeep of
the units has become increasingly cost prohibitive causing the town to envision a tear-down/rebuild
scenario as the most suitable option for the _-acre property.
After reviewing proposed next steps, the Town Council has directed lnterim Community Development
Director George Ruther to proired with updating the Vail Land Use Plan. Ruther says the update will be
used to identify parameters associated with the propertp future redevelopment, such as deed restrictions,
densityrangesand .?? Adraftof theLandUsePlanupdatewill bepreparedbystafffof reviewby
the _ at its _ meeting. The draft will also be posted on the towns web site at www.vailsov.com (
htto://www.vailoov-com/ )( hfto:/Arvww.vailqov.com/) beginning _. Adoption of the amendment will
ultimately be delermined by the Town Council.
ln addition, the Community Development Department has been directed to file an application to apply
zoning to the Timber Ridge property, lt is curently a Special Development District without underlying
zoning. Ruther says the staff will recommend use of the Housing Zone Diskict, a relatively new
classiftcation which was approved in _ and has only been applied to the MiddleCreekVillagesite which
contains '154 rental units. A hearing on the zoning application has been scheduled for _ before the
Planning and Environmental Commission, which will forward its recommendation to the Town Council for
final action.
Ruther says the Land Use Plan amendment and the zoning decision ar€ precursors to more specmc
discussions about the rnix of housing on the property. George: can lau go into a little more detail here as
to when these discussions will'occur and how they,ll be framed?
The Timber Ridge site has been identilied as a component in redevelopment of the LionsHead parking
strucfure as negotiations continue between the tovm and Open Hospitality/Hillwood Capital Partners. The
developer has proposed to rebuild Timber Ridge to meet employee housing requirements associated with
the parking struclure redevelopment and has suggested possible partnerships with other developers who
also have employee housing requiremenls.
For additional details on the Timber Ridge planning, contact Ruther at 479-2145.###
Suzanne Silverthorn, APR
Com munity Information Offi cer
Town of Vail
(970)479-2115
(970) 47e-2451 (fax)
www.vailoov.com ( http://unrail.vailqov.com/ )
CG:Kris Friel; Nina Timm
f
P*ar-,
FILT
. 3vo *lo
' H o;57afaf
MEMORANDUM 'Qv12(l,1
Planning and Environmental Commission
Community Development Department
June 11,2007
A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendments, Vail Town
Code, to zone the property commonly referred to as "Timber Ridge Village
Apartments' to the Housins (H) District, located at 1280 North Frontage
Road/Lots C1, C2, C3, C4, and C5, Lions Ridge Filing 1, and setting forth
details in regard thereto. (PEC07-0029)
Applicant: Town of Vail Planner: George Ruther
coPy
TO:
FROM:
DATE:
SUBJECT:
il.
SUMMARY
The applicant, the Town of Vail, has submitted a development review application to
the Community Development Department to allow for the rezoning of the property
commonly refened to as "Timber Ridge Mllage Apartments" to the HousinS (H)
District, located at 1280 North Frontage Road. The applicant has submitted the
application in anticipation of the redevelopment of the Timber Ridge Village
Apartments. Staff is recommending that the Planning & Environmental Commission
forwards a recommendation of approval of the applicant's development review
application to the Vail Town Council.
DESCRIPTION OF REQUEST
The applicant, the Town of Vail, has submitted a development review application to
the Town of Vail Community Development Department. The purpose of the
application is to amend the Official Zoning Map of the Town of Vail whereby Lots C1,
C2, C3, C4 & C5, Lions Ridge 1"t Filing Subdivision will be rezoned to Housing (H)
district. According to the applicant, the rezoning is intended to facilitate the
redevelopment of the Timber Ridge Village Apartments. lf approved, Special
Development District No. 10, Timber Ridge Village Apartments, would be repealed
by the amending ordinance. lt is important to note that should this request be
approved by the Vail Town Council, the amending ordinance rezoning the property
will also include provisions for repealing Special Development District No. 10 in its
entirety.
A vicinity map of the property to be rezoned and surrounding area has been attached
for reference. (Attachment A)
.('
1-.
ll.,-.. I .. .
. '' .; ..! .-' : :
III. BACKGROUND
."'l-
On February 20, 1979, the Vail Town Council adopted Ordinance No. 7, Series of
1979, establishing an Approved Development Plan for the creation of Special
Development District No. 10, Timber Ridge Village Apartments. Pursuant to the
adopting ordinance, Lots C1 through C5, Lions Ridge Filing 1 Subdivision was
rezoned from the Residential Cluster (RC) District to Special Development District
No. 10 with no designated underlying zoning.
On November 30,2001 , pursuant to Section 3D, Length of Commitment, of
Ordinance No.7, Series of 1979, the deed restrictions defining the allowable uses on
the property (ie, all occupants shall be full{ime employees) expired, and in essence,
eliminated the employee housing requirements on the site.
On July 14, 2003, the Town of Vail purchased the Timber Ridge Village Apartments
for $20 million and preserved nearly 600 employee housing rental beds in the Town
of Vail.
On July 18, 2005, the Town of Vail issued a request for proposals soliciting interest
from potential developers for the redevelopmbnt of the Timber Ridge Village
Apartment. Since that date, the Town has been actively pursuing the redevelopment
of property.
IV. ROLES OF THE REVIEWNG BODIES
Rezonino/Zone Distrlct Boundarv Amendment
Planning and Environmental Commission:
The Planning and Environmental Commission is advisory to the Town Council. The
Planning and Environmental Commission shall review the proposal and make a
recommendation to the Town Council on the compatibility of the proposed zoning
with surrounding uses, consistency with the Vail Comprehensive Plans, and impact
on the general welfare of the community.
Design Review Board:
The Design Review Board has no review authority on zoning/rezonings.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided.
The staff advises the applicant as to compliance with the Zoning Regulations. Staff
provides a staff merno containing background on the property and provides a staff
evaluation of the project with respect to the required criteria and findings, and a
recommendation on approval, approval with conditions, or denial. Staff also
facilitates the review process.
Town Council:
The Town Council is responsible for final approval/denial of a zoning/rezoning.
The Town Council shall review and approve the proposal based on the compatibility
of the proposed zoning with surrounding uses, consistency with the Vail
Comprehensive Plans, and impact on the general welfare of the community.
v.APPLICABLE PLANNING DOCUMENTS
Town of Vail Zoninq Reoulations (Title 12. Vail Town Code)
Housing (H) District
12-61-1: PURPOSE:
The housing distict is intended to provide adequate stles 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
zoning dr.sfricfs. /f ls necessary in this distict 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 residenfial uses of the district. The
housing disJrict is intended to ensure that employee housing permifted in the district
is appropiately located and designed to meet the needs of residents of Vail, to
harmonize'with surrounding uses, and to ensure adequate light, air, open spaces,
. and otlrcr amenities appropiate to the allowed fypes of uses-
1 2Sl-2: PERMITTED USES:
The following uses shall be permitted in the H district:
Deed restricted employee housing units, as further described in chapter 13 of this
title.
Passive outdoor recreation areas, and open space.
Pedestrian and bike paths.
Vail Land Use Plan
The Vail Land Use Plan was adopted by the Vail Town Council on November 18,
1986. In adopting the plan, the community designated the use of land with the goal
of ensuring that the community's needs were addressed in the future. Pursuant to
the implementation section of the Vail Land Use Plan, in part, the plan is intended to
be used by the Town's decision makers when considering future requests for
development within the Town of Vail.
ZONING ANALYSIS
The following zoning analysis provldes a comparison of the development potential
cunently allowed under Special Development District No. 10 to that of the proposed
Lionshead Mixed Use-1 District.
Lots C1 - C5, Lions Ridge Filing 1 Subdivision
vl.
Legal Description:
Land Use Designation:
Lot Size:
Development Standard
Lot Area:
High Density Residential
439,085 sq. ft./10.08 acres
SDD #10 Housinq District
N/A
VII.
Setbacks:
Height:
Density Control:
GRFA:
Site Coverage:
Landscaping:
Parking
Land Use North: Open Space
South: l-70 ROW East: Medium Density Residential West: Medium Density Residential
* Development standards in each of these categories shall be as proposed by the
applicant, prescibed by the PEC, and adopted on the approved development plan
*' Variations to the minimum setback requirements may be approved by PEC subiect
to the criteia established in the Zoning Regulations
"*" At the discretion of the PEC, 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
SURROUNDING LAND USES AND ZONING
20 ft. min.
35 ft. max.
24 d.u.s
Per approved
development
plan
45To max.
30% min.
297 parking spaces
min.
20 ft. min. **
55o/o fl8X."**
Zoninq
Natural Area Preservation/
Low Density Multiple Family
N/A
Medium Density Multiple Family
Medium Density Multiple Family
VIII. CRITERIA AND FINDINGS
Amendment to the Official Zonino Map of the Town of Vail (rezoning)
Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town
Code authorizes amendments to the Official Zoning Map of the Town of Vail.
Pursuant to Section 12-3-7, Amendments, in part,
"an application to amend the district boundaries of the Zoning Map may be
initiated by petition of any resident or propefi owner in the Town."
Per Chapter 10
Off-street Parking
Requirements
Furthermore, Section 12-3-7 C, Amendment, Vail Town Code, prescribes the criteria
and findings the Planning and Environmental Commission and Town Council shall
consider with respect to a request to amend the Zoning Map.
The applicant is seeking a recommendation of approval to zone Lots C1 - C5, Lions
Ridge Filing 1 Subdivision, to the Housing (H) District.
According to Section 12-3-7 C, of the Vail Town Code,
Before acting on an application for a zone district boundary amendment, the
Planning and Environmental Commission and Town Council shall consider the
following factors with respect to the reguested zone district boundary amendment:
1, The extent to which the zone district amendment is consistent with
all the applicable elements of the adopted goals, objectives and
policies outlined in the Vail Comprehensive Plan and is compatible
with the development objectives of the Town; and
The proposed rezoning specifically implements the Vail Land Use Plan
land use designation of High Density Residential (HDR) which states, in
part, that the purpose of this land use designation is,
"to provide housing that typically consists of multi'floored *ructures
with densities exceeding 15 dwelling units per buildable acre'
According to Section 12-6F1: Purpose; Housing District,
"The housing district is intended to provide adequate sites for
employee housing which, because of the nature and characteristics of
employee housing, cannot he adequately regulated by the
development standards prescribed for other residential zoning distnbfs.
lf is necessary in this district to provide development standards
specifically prescribed for each development proposal or project to
achieve the purposes prescnbed in section 12-1-2 of this title and to
provide for the public welfare. Cettain nonresidential uses are allowed
as conditional uses, which are intended to be incidental and secondary
to the residenfrb/ ases of the district. The housing district is intended to
ensure that employee housing permitted in the district is appropriately
located and designed to meet fhe needs of residenfs of Vail, to
harmonize with sunounding uses, and to ensure adequate light, air,
open spaces, and other amenities appropiate to the allowed types of
uses."
This Zone District was specifically developed to provide incentives for
properties to develop employee housing within the Town of Vail. The
incentives in this Zone District include increases in allowable gross
residential floor area, flexible development standards, and increased
density allowances. The primary goal of the incentives is to create
economic conditions favorable to the development of employee housing
in the Town of Vail. These incentives ensure that the Town's long
standing development objective of creating sites for employee housing is
achieved.
The proposed rezoning is consistent and compatible with the Vail
Comprehensive Plan and the Town's development objectives.
The extent to which the zone district amendment is suitable with the
existing and potential land uses on the site and existing and
potential surrounding land uses as set out in the Town's adopted
planning documents; and
The Housing (H) District establishes zoning that is consistent with
both existing and proposed uses on the parcel. The proposed use
of the property will remain high density deed restricted residential
housing.
The zone district amendment is consistent with existing and potential
uses on surrounding properties. According to the Vail Land Use Plan, the
adjoining land use designations include Open Space, Low Density
Residential and Medium Density Residential. Pursuant to the Plan, the
existing land use designation of the site is high density residential. A
review of the Zoning Regulations demonstrates that the uses allowed in
the Housing (H) zone district are compatible with both the intent and
purposes of the high density residential land use designation.
3. The extent to which the zone district amendment presents a
harmonious, convenient, workable relationship among land uses
consistent with municipal development objectives; and
The Housing (H) District is consistent with the existing and proposed use
of the property. The proposed zone district implements specific goals of
the Vail Land Use Plan. Staff believes that the proposed re-zoning
presents a harmonious, convenient, and workable relationship with land
uses in the area consistent with the existing and proposed use of the
property. For example, while it is likely the overall density of development
on the Timber Ridge Village Apartments development site will increase as
a result of the zone district boundary amendment, the proximity of the
development site to the North Frontage Road and the anticipated off site
vehicular and pedestrian improvements that will likely result from any
future redevelopment ensures a workable relationship among land uses.
More specifically, the acknowledgement of the need for improved public
transit facilities in the vicinity of the site and a future l-7O
pedestrian/vehicle underpass ensures that the municipal development
objective of providing multimodal means of transportation and adequate
transportation systems will be achieved.
4. The extent to which the zone district amendment provides for the
growth of an orderly viable community and does not constitute spot
zoning as the amendment serves the best interests of the
community as a whole; and
5.
The proposed re-zoning establishes consistent zoning for the property.
This re-zoning will create a zone district consistent with the existing and
proposed use of the property. The proposed re-zoning will provide for the
development of an orderly viable community consistent with the Town's
development interests as they relate to employee housing. For instance,
the Vail Land Use Plan designates the site as "High Density Residentiaf
(HDR). The purpose of this land use designation is, in part,
'to provide housing that typically consisfs of mufti-floored
sfrucfures with densities exceeding 15 dwelling units per
buildable acre".
The purpose of the Housing (H) zone district is, in part,
'to provide adequate srfes for employee housing which,
because of the nature and characteistics of employee
housing, cannot be adequately regulated by the development
sfandards prescribed for other residential zoning disfncfs" and
"to ensure that employee housing permitted in the distict is
appropriately located and designed ta meet the needs of
resldenfs of Vail, to harmonize with sunounding uses, and to
ensure adequate ltght, air, open spaces, and other amenities
appropriate to the allowed fypes of uses."
Staff believes that this amendment furthers the development objec*ives of
the Town and serves the best interesl of the community as a whole.
The extent to which the zone district amendment results in adverse
or beneficial impacts on the natural environment, including but not
limited to water quality, air quality, noise, vegetation, riparian
corridors, hillsides and other desirable natural features; and
The proposed re-zoning will not significantly alter the existing character or
uses allowed on the site. As such, staff does not foresee any adverse
impacts on the natural environment to include water quality, air quality,
noise, vegetation, etc. The site was disturbed during the course of
construction of the existing development. Special attention shall be given
to any existing geologic hazards that previously and presently exist on the
development site or vicinity of the site.
The extent to which the zone district amendment is consistent with
the purpose statement of the proposed zone districL
The Housing (H) District is proposed for the subject property. The
proposed zone district is consistent with the intended purpose of that
zone district pursuant to the Vail Land Use Plan. A copy of the purpose
statement of the Housins (H) District is provided in Section V of this
memorandum.
lx.
7. The extent to which the zone district amendment demonstrates how
conditions have changed since the zoning designation of the
subject propefi was adopted and is no longer appropriate.
Since the original adoption of zoning on the property, the Town of Vail
has undergone an extensive study for the redevelopment of the Timber
Ridge Village Apartments. As such, the Town has adopted clearly
identifiable goals and objectives for development in this general area of
Town. This site, since its original development in 1980 and subsequent
purchase by the Town of Vail in 2003, has long been considered an
appropriate and desirable location for employee housing within the Town
of Vail.
8. Such other factors and criteria as the Commission and/or Council
deem applicable to the proposed rezoning.
STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forwards a recommendation of approval of an
amendment to the Official Town of Vail Zoning Map, pursuant to Chapter 3, Title 12,
Zoning Regulations, Vail Town Code, to rezone Lots Cl- C5, Lions Ridge 1"r Filing
Subdivision, to the Housing (H) District, to the Vail Town Council.
Staff's recommendation is based upon the review of the criteria outlined in Section
Vlll of this memorandum and the evidence and testimony presented, subject to the
following findings:
"Before recommending and/or granting an approval of an application for a
zone district boundary amendment the Planning & Environmental
Commission and the Town Council shall make the following findings with
respect to the requested amendment:
1. That the amendmenf is consistent with the adopted goals, objectives
and policies outlined in the Vail Comprehensive Plan and compatible
with the development objectives of the Town; and
2. That the amendment is compatible with and suitable to adjacent uses
and appropriate for the sunounding areas; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances
its natural environment and its esfab/lshed character as a resoft and
residential community of the highest quality."
X. ATTACHMENTS
A. Vicinity Map
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ORDINANCE NO.17
Series ot 2007
AN ORDINANCE AMENDING THE OFFICIAL ZONTNG MAP OF THE TOWN OF VAIL IN
ACGORDANGE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP;
REZONING LOTS C1- C5, LTONS RIDGE 1sr FlLING, FROM SPEGIAL DEVELOPMENT
DtsTRtcT NO. 10, TIMBER RIDGE VILLAGE APARTMENTS, TO HOUSING (H) DISTRICT,
AND SETTING FORTH DETAILS IN REGARDS THERETO.
WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for
evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map'); and
WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in
accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the
Zoning Regulations of the Vail Town Code; and
WHEREAS, on June 11,2007,the Planning and Environmental Commission of the Town of
Vail reviewed and forwarded a recommendation of approval of the proposed amendment to the
"Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in
Section 12-3-7 ot the Zoning Regulations of the Town of Vail; and
WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is
consistentwith the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan,
the Vail Village Master Plan and is compatible with the development objectives of the Town; and
WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible
with and suitable to adjacent uses and appropriate for the surrounding areas; and
WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the
health, safety, morals, and general welfare of the Town and promotes the coordinated and
harmonious development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality.
ORDINANCE NO. 17, SERIES OF 2OO7
', ., { ,1"
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Zoning Map Amendment:
The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The
Official Zoning Map of the Town of Vail is hereby amended as follows:
Lots C1 - C5, Lions Ridge l"tFiling shall be rezoned from Special Development
District No. 10, Timber Ridge Village Apartments, to Housing (H) District, as
illustrated on Exhibit A attached hereto.
Section 2. lf any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses
or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this ordinance
is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any du$ imposed, anyviolation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The
amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
ORDINANCE NO, 17. SERIES OF 2OO7
Section 5. All bylaws, orders, resolutions and ordinances, orparts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed. to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED. READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE lN FULL ON FIRST READING this 1 9th day of June, 2007 and a public
hearingforsecondreadingofthisOrdinancesetforthe3'dayofJuly,200T,intheCouncil
Chambers of the Vail Municipal Building, Vail, Colorado.
Rodney Slifer, Mayor
Aftest:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3'
day of July,20Q7.
Rodney Slifer, Mayor
Attest:
Lorelei Donaldson, Town Clerk
ORDINANCE NO. 17, SERIES OF 2OO7
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"-?r:H:: :t,A FfLt CllPY
AN ORDINANCE REZOT{ING A
PARCET ON PROPTRTY DESCRIBED AS
LOTS C1 TIIROUGH C5, LIONSRIDCE,IILING NO. I, TOI{N OF VAIL, COLOnADO,
rROII RESIDENTIAL CLUSTER TO SPECIAL
DEVELOPMNNT DISTRICT, APPROVING
THE APPR,OVED DENS ITY TIIEREIORE i
SPECITYING TI]AT TI.IN PROPNRTY SHALL
BE USED FOR LONG TERM RENTALS;
INDICATING TI.IE INITIAL DEVELOPIIIENT
STANDARDS; DIRDCTING APPROVAL PnOCESS,
AND SETTING FORTE DETAILS RELATINC
TEERETO.
WnEREAS, Lots CI tbrough C b, Lionstidge Filing
No. 1, Town of Vai1, Colorado; bave been zoned Reslilential
Cluster; and
WUEREAS, the use of tbe property has been under
study for sone period of time; and
WITEREAS, in a.ccordance with Section 18,66,11-O
of the Vail Municipal Code, a rezoning has beeD initiated by
the purchasers of the above specified property to rezone
the property from Residential Cluster to a Special Development
District; and
YIHERSAS, the planning and Environmental Cornnissiol1
of the Town of Vail has consi.dered tbe same and recommend.ed
approval of tbe rezoning, a density for the property, a
projected use for the property, initial development stand.ards,
and tle process for approval of furttrer developrnent plans; and.
IYEEREAS, the Town Council considers that it is in
the public interest to rezone said. property :.n accordance
with the provisions of this ordinance;
NOW , TIIEREFORE , BE ORDA INED BY TI.IE TOI{N COUNC IL OF
TIIE TOWN OF VAIL, COLORADO, TEAT:
(1) The Council specifically finds that tbe procedures
for the amendment of the official zoning map and rezoning of
properties within the Town of Vail as'prescribed in TitIe lg
of the Vail Municipal Code have been fulfillecl, and tlte Council
hereby receives the report and recorunendation of the planning aDd
Environmental Commission lecommend.ing the approval of the rezoDing
of the subjeet propexty.
Tt^ko' Kd.,'
P |Lg,e 2
(2> Pursuant to Section 18.66'160 of the Vail
llunicipal Cod.e Lots C]- througb C5, Lionsridge Filing No. I'
Town of VaiI, Colorado, are rezoned from Residential Cluster '
to Special Development District in accordance vith the terms
and couditions of this ordinance-
(3) The following densities, parking requirements,
use requLrements, lengtb of co[unj-tment, developmelt standards,
' and approva1 procedures' shall be appllca;Ie to this propertyt
and the appllcant sball enter into an agreement with the Town
prior to second reading of this ordiiance agreeing to'tbe terms
herecl . Said agreement shal1 be filed of record in Eagle County.
A. Density - A m&ximum number of 198' dwelling unj.ts
sha1l be allowed with a maximum gross residential floor area of
Ll8r500 square feet may be constructed on the parcel.
B. Parking - Thele shall be plotided no less
tha-n 297 parking spaces for the ploject.
C, Use - The use of the 198 dwelling units
shall be rest!icted as follows:
i. uDlts shall be used for long-term
rentals with a minimuD lease of thirty days.
ij.. Al-1 occupants shall be full-tine
employees in the Upper Eagle Valley which includes the Gote val]ey'
Minturn, Red C1iff, Gilman and EagLe/VaiI. "Fu1l-time employment"
shall be deemed to mean employment of more than 30 hours per week.
llembels of the farnily of an employee shall be exempted from this
requlrement. The orvner of the property shal1 provide to the Torvn
ot Yal1 on Decenber l and June l of each subsequent year a llst of
all tenants, iticluding ttreir names and places. of employmeDt.
iii. A ten day period fron the time of initial
occupancy sha1l b.e given in orcler for an occupant to find employmeDt
in tbe Upper Eagle Valley as required herein.
i'
' Ord. No-
rDembers oJ the fanily of an employee who a.re not employed in the
Upper Eagle Va,ltey for a period in excess of ten days (except in
the recognized off-seasons) wili be required to termiqate their
occupancy .
v. Ali signtrtors of leases must be
occupants of tbe un it s.
vi. Occupatiou of each. unit sball be
linited to a. fa-mily as d.efLned. by TLtle 18 of the VaiI Municipal
Cod€.
"D. Lenetb of Cornmitment - The terms of tbese
conditions sha11 be in effect for a period of twenty years from
' the date of conpletion of the project. No unit, building, o!
portion of the project shal1 be condonniniumized during tbe
restricted t\4,enty year period.
E. Approvals Reouired - The PlaDning and
Envirormental Coml'issioD sha1l xeview and reconneDd to the Tovn
Coutrcil .a fisa]. development plan in acbordance with Sections
18.40.040 a.ud 18.49.050 of the Vail Municipal Code. The Town
Council shall have the final review 6t the developmeDt plan alter
recelving ttre reconrneld.atlon of the P]annj.ng and Environrnenta]
ComnisiLon. The Design Revi.ell Board shall review each phase ot
the development plan prior to the corunencernent ,of constructlon.
The applicant sha1l obtatn from the Town of Vail, a Building permit
.
for Pbase f on or before June 1, l-9?9 and shall conmence construction
by July 1, L979. If a Building Permit is not acquired and
'colstrustion has not commenced. by the above-referenc ed. dates,
the Towu Council nay direct that this Special Development Distrlct
zontng she1l be returned to tbb Plannlng & Environmental Connission
Page 3
iv. All occupants, rvith exception of
alld the.To','n Council for their revlew. Upon said revierv, the re-
zoning nay be reversed., re-approved, altered or changed as the
Planning & Environmental Cotrmission and Town Council sbalL deem
appropfiate .
I
ord. No. Page 4
F. Develorrment Standalds - The following
llrinimurn development standards shall be followed:
(f) Required setbachs on the proiects
shalI be a ininirnum of 20 feet from any site llne.
(ii) The maximum height of all buildings
sha.lI be 35 feet.
(iii) No more than 451 of the total site
area shalL be covered by buildings.
(iv) A minimun of 301 of ttre total site
,area sha1l be lindscapecl,
(v) Recreational facilitles shall be
lrovided, sufflcj.ent to meet the needs of the residents of the
project including as suggestions: vo1leybal1 courts, basketball
court, and an inside recreation room with ping pong aud foosball
tables.
(vi) No f irepla.ces shall be pelmitted
within any of any of the I98 dwellj.ng units. One firepJ.ace may
be installed in a conmon recrea.tion or meeting area.
(4) As provided in Section 18.08.03O the VaiI Munlci.pal
Code, the Zoning Adninj.strator is hereby directed to promptly
nodlfy and anend the offj-cial zoning map to indlcate the rezonlng
speci-fied in Paragraph (2) above.
(5) If any part, section, subsection, sentencer.
cl-ause or phrase of this ordinance is for any.reason held to be
inval.ld, such decision shall not affect the validity of the
remaioing portions of this ordlnance; and the Town councl.l'hereby
declares it would bave passed thls ordinance, and each part,
sectlon, subsection, senteice, cl-ause or phrase thereof, regard,less
of the fact that any one or more parts, sections, subsections,
seDterices, clauses or phrases be declared invalid.
(6) The Town Council hereby f j-nds ihat thi-s ordinance
is necessary for protection of the public health, safety aud wel-f are.
I
Ord. No.Plge 5
INTRODUCBD, READ ON IIIRST READINC, APPNOVND, .I\ND
ORDEBED PIJBLISHED ONCE IN IIJTL this 6th clay o-f fcb.ruary, 19?9,
and a public hearing on this oldinance shall be held at the legular
meetj-trg ot ttre Town Council of tbe Town of Vail, Colorado, on the
20th day of Iebruary, I9?9, u.t 7:3O P.M., ln the MunLcipal
Building of the ?own.
ATTEST:
INTRODUCEO, READ ON SECOND READING, APPROVED
oNLY THIS 20th day of FEBRUARY, 1979.
(ATTEST)
AIID ORDERED PUBLISHED BY TITLE
v
12-6r-1
SECTION:
12-61- 1: Purpose
12-61- 2: Permitted Uses
12-61- 3: Conditional Uses
12-61- 4: Accessory LJses
12-61- 5: Setbacks
12-61- 6: Site Coverage
12-61- 7: LandscaPing And Site
DeveloPment
'12-61- 8: Parking And Loading
12-61- 9: Location Of Business.Activity
12-61-10: Other Development Standards
12-61-11: Development Plan Required
12-61-12; Development Plan Contents
12-61-13: Development Standards/Criteria
. For Evaluation
rfLt
CHAPTER 6
RESIDENTIAL DISTRICTS
ARTTCLE l. HOUSING (H) DISTFICT
COP Y
12-61-3
12-61-t: PLIRPOSE: The housing district
is intended to Provide adequate
sites lor employee housing which, because
ol the nature and characteristics of employ-
ee housing, cannot be adequately regulated
by the development standards prescribed
for other residential zone districts. lt is
necessary in this zone district to provide
development standards specifically pre-
scribed for each development proposal or
project to achieve the purposes prescribed
in section 12'1'2 ol this title and to provide
for the public welfare. Certain nonresiden-
tial uses are allowed as conditional uses'
which are intended to be incidental and
secondary to the residential uses of the
district. The housing district is intended to
ensure that employee housing permitted in
the zone district is appropriately located
and designed to meet the needs of resi-
denls of Vail, to harmonize with surrounding
uses, and to ensure adequate light' air'
open spaces, and other amenities approprF
aie to the allowed types of uses. (Ord'
29(20os) . $ 23: Ord. 19(2001) S 2: Ord.
3(2001) S 2)
12-61-2: PERMITTED USES: The lollow-
ing 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. (Ord. 29(2005) $ 23: Ord. 19(2001)
$ 2: Ord.3(2001) $ 2)
12-61-3: CONDITIONAL USES: The
lollowing conditional uses shall
be permitted in the H district, subject to
issuance of a conditional use permit in
accordance with the provisions of chapter
16 of this title:
Commercial uses which are secondary and
incidental (as determined by the planning
and environmental commission) to the use
of employee housing and specifically sgry-
ing the needs of the residents of the devel-
ophent, and developed in conjunction with
employee housing, in which case the fol-
Town of Yail
Septemb€r 20Oo
12-61-3
lowing 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 convey-
ances.
Health clubs.
Personal services, including, but not
limited to, laundromats, beautY and
. barber shops, tailor shops, and similar
' services.
Retail stores and establishments'
Dwelling units (not employee housing units)
subject to the following criteria to be evalu-
ated by the planning and environmental
commission:
A. Dwelling units are created solely
for the purpose of subsidizing emPloy-
ee housing on the ProPertY, and
B. Dwelling units are not the primary
use ol ihe ProPertY. The GHFA for
dwelling unils shall not exceed thirty
percent (30%) of the total GRFA con-
structed 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 build-
ings and uses on adjacent properties.
Outdoor patios.
'12-61-5
Public and private schools.
Public buildings, grounds and facilities.
Public parks and recreational facilities.
Public utilities installations including trans-
mission lines and appurtenant equipment.
Type Vl employee housing units, as further
regulated by chapter 'l 3 of this title. (Ord.
29(2oo5) $ 23: Ord. 33(2003) $ 1: Ord.
19(2001) $ 2: Ord. 3(2001) S 2)
12-61-4: ACCESSOBY US$: The follow-
ing accessory uses shall be
permitted in the H district:
Home occupations, subject to issuance of a
home occupation permit in accordance with
the provisions of section 12'14-12 of this
title.
Minor arcades.
Private greenhouses, tool sheds, playhous-
es, attached garages or carports, swimming
pools, or recreation lacilities customarily
incidental to permitted residential uses.
Other uses customarily incidental and ac-
cessory to permitted or conditional uses,
and necessary lor the operation thereof.
(Ord. 2e(200s) $ 23: Ord. 19(2001) $ 2:
ord. 3(2001) $ 2)
12-61-5: SETBACKS: The setbacks in
this district shall be twentY leet
(20') from the perimeter of the zone district.
At the discretion of the planning and envi-
ronmental commission, variations to the
setback standards may be approved during
the review of a development plan subject to
September 2006
Town of Voil
12-61-5
the applicant demonstrating compliance
with the following criteria:
A. Proposed building setbacks provide
necessary separation between build-
ings and riparian areas, geologically
sensitive areas and other environmen-
tally sensitive areas.
B. Proposed building setbacks will pro-
vide adequate availability ol light' air
and open space.
C. . Proposed building setbacks -will pro-
vide a compatible relationship with
'buildings and uses on adjacent prop-
erties.
D. Proposed building setbacks will result
in creative design solutions or other
public benefits that could not other-
wise be achieved by conformance wilh
prescribed setback standards-
Variations to the twenty toot (20') setback
shall not be allowed on property lines adja-
cent to HR,. SFR, R, PS, and RC zoned
properties, unless a variancs is approved
by the planning and environmental commis-
sion pursuant to chapter 17 oJ this title.'
(Ord. 1e(2001) $ 2: Ord. 3(2001) S 2)
12-61-6: SITE COVERAGE: Site cover-
age shall not exceed fiftY five
percent (55%) of the total site area. At the
discretion of the planning and environmen'
tal commission, site coverage may be in'
creased il seventy live percent (75%) of the
required parking spaces are underground or
enclosed, thus reducing the impacts of sur'
lace paving provided within a development'
and that the minimum landscape area re-
quirement is met. (Ord. 19(2001) $ 2: Ord.
3(2001) s 2)
. 12-61-8
12.61-7.. LANDSCAPING AND SITE DE.
YELOPMENT: At least thirty
percent (30%) of the total site area shall be
iandscaped. The minimum width and length
ol any area qualifying as landscaping shall
be fifteen teet (15') with a minimum area
not less than three hundred (300) square
teet. (Ord.19(200r) $ 2: Ord.3(2001) S 2)
12-61-8: PARKING AND LOADING: Off
street Parking shall be Provided
in accordance wilh chapter 10 ol this title-
No parking or loading area shall be located
within any required setback area. At the
discretion of the planning and environmen-
tal 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 man-
agement plan. The parking management
plan shall be approved by the planning and
environmental commission and shall pro-
vide lor a reduction in the parking require-
ments based on a demonstrated need for
fewer parking spaces than .chapter 10 ol
this titte would require. For example, a
demonstrated need for a reduction in the
required parking could include:
A. Proximity or availability of allernative
modes ol transportation including' but
not limited to, public transit or shuttle
services.
B. A limitation placed in the deed restric-
tions timiting the number ol cars lor
each unit.
C. A demonstrated permanent program
including, but not limited to, rideshare
programs, carshare Programs' shuttle
service, or staggered work shitts.
(ord. 1e(2001) I2: Ord.3(2001) $ 2).
Toun of Yail
September 2006
12-61-9
12-61-e: "f""i-S1*
oF BusrNEss Ac-12-6r-1.r: oo$*puT"*"n" PLAN h \
A.
H,*ru***
ol goods'
12-61-10: $ffi,**"oPMENr
srAN'
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B.
. e -rt trnvifon-A
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1' Lot area and site dimensions'
2' Building height'
3. Densitv iTt':1""1'."i1$l1 tt8t"t"i
i";ialj:il,ttri s z)
Guide: The. aPq::::d deve
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September 2006 Town of loiJ
12-61-11
F. Design Review Board Approval Re'
quired: The developmenl plan and any
subsequent amendments thereto shall
require the aPProval of the design
review board in accordance with the
applicable provisions of chapter 11 ot
ttiii tltte prior to the commencement ot
site preparation. (Ord. 29(2005) -$ 23:
ord.'19i2001) $ 2: ord. 3(2001) S 2)
12-6I-12: DEYELOPMENT PLAN CON-
TENTS: The administratPr shall
establish the submittal requirements for a
development plan application. A complete
list of the submittal requiremenis shall be
maintained by the administrator and filed in
the department of community development'
Certain submittal requirements may be
waived and/or modified by the administrator
and/or thb reviewing body if it is demon-
strated by the applicant that the informalion
and rnaterials required are not relevant to
the proposed developmdnt or applicable..to
the planning documents that comprise ihe
Vail comprehensive plan. The administralor
and/or the reviewing body may require the
submission of additional plans, drawings'
specifications, samples and other materials
il deemed necessary to properly evaluate
the proPosal. (Ord. 29(2005) $ 23: Ord'
s(2003) $ 3: Ord' 19(2001) S 2: ord'
3(2001) s 2)
12-6I-13: DEYELOPMENT STANDAR.DS/
CRITERTA FOR EYALUAIION:
The lollowing criteria shall be used as the
principal means for evaluating a proposed
development plan. lt shall be the burden of
the applicant lo demonstrate that the pre'
posed'development plan complies with all
appticable design criteria:
A. Building design with respect to archi-
tecture, character, scale, massing and
12-6F13
orientation is compatible with the site'
adjacenl properties and the surround-
ing neighborhood.
Buildings, imProvemenls, uses and
activities are designed and located to
produce a lunctional develoPment
plan responsive to the site, the sur-
rounding neighborhood and uses; and
the communitY as a whole'
Open space and landscaping are both
functional and aesthetic, are designed
to preserve and enhance. the-natural
features of the site, maximize opportu-
nities for access and use by the pub-
lic, provide adequate butfering be-
tween the ProPosed uses and sur-
rounding properties, and when possi-
ble, are integrated with existing open
space and recreation areas.
A pedesrrian and vehicular circulalion
system designed to Provide safe,
efficient and aesthetically pleasing
circulation to ihe site and throughout
the develoPment.
Environmental impacts resulting from
the proposal have'been identified in
the project's environmental impact
report, if not waived, and all neces-
sary mitigating measures are imple-
mented as a Part of the ProPosed
development Plan'
Compliance with the Vail cornprehen-
sive plan and other applicable plans-
(Ord. 29(200s) $ 23: Ord. 19(2001)
$ 2: Ord. 3(2001) S 2)
B.
c.
D.
Town of VaiJ
September 2006
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THIS ITEM MAY AFFECT YOUR PROPERW
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
code, on June 11, 20O7, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final review of a conditional use permit, purs-uant to Section 12-6E-3,
Conditional Uses. Vail Town Code, to allow for a business office, located at 950 Red
Sandstone Road, Units 43, 44 and 45B (Potato Patch Clubhouse)/Potato Patch Club
Condominiums, and setting forth details in regard thereto. (PEC07-0026)
Applicant: BoothCreekManagementCorporation
Planner: Bill Gibson
A request for final review of a major exterior alteration, pursuant to Section 12-7H-7'
Majoi Exterior Alterations or Modifications, Vail Town Code, to allow for the
red'evelopment of the Lionshead Inn and Lionshead Inn Annex (Fabulous Vail Glo)'
located at 701 and 705 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 3'
and setting forth details in regard thereto. (PEC07-0027)
Applicant: Lionshead lnn LLC, represented by Mauriello Planning Group LLC
Planner: Warren Campbell
A request for final review of conditional use permits, pursualt to Section 12-7H-3,
permitted and Conditional Uses, First Floor on Street Level, Vail Town Code, to allow for
attached accommodation units, lodge dwelling units, and multiple-family residential units
on the first floor, and pursuant to Section 12-7H-5, Conditional Uses: Generally (On All
Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the
development of privite parking lot, located at 701 and 705 West Lionshead Circle
(Lionshead Inn)/Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard
thereto. (PEG07-0028)
Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC
Planner: Wanen CamPbell
A request for a recommendation to the Vail Town Council for an amendment to the V-ail ^r:UL Land Use Plan, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for O!1f1
the identification of the property commonly refened to as "Timber Ridge Apartments" as ' A^A\ z
a future location for affordable housing, located at 1280 North Frontage Road/Lots C1' Or- Vl
C2, C3, C4 and C5, Lions Ridge Filing 1, and setting forth details in regard thereto.
(PECo7-0030)
Applicant: Town of Vail
Planner: George Ruther
Page 1
A request for a recommendation to the Vail Town Council for a zone district boundary \ -.
amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to zone the SV
property commonly referred to as'Timber Ridge Apartments" to the Housing (H) District,
located at 1280 North Frontage Road/Lots C1 , C2, C3, C4, and C5, Lions Ridge Filing 1 ,
and setting forth details in regard thereto. (PEC07-0029)
Applicant: Town of Vail
Planner George Ruther
A request for a final review of a conditional use permit, pursuant to Section 12-7H-3,
Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for
a temporary business office located at 616 West Lionshead Circle (Concert Hall Plaza
Building), Lionshead Filing 4, and setting forth details in regard thereto. (PEC07-0032)
Applicant: Vail Resorts, represented by Jay Peterson
Planner: Bill Gibson
A request for a final review of a conditional use permit, pursuant to Section 12-7H-3,
Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for
a temporary business office, located at 450 East Lionshead Circle (Treetops Building),
Lot 6, Vail Lionshead Filing 1 , and setting forth details in regard thereto. (PEC07-0031)
Applicant: Vail Resorts, represented by Jay Peterson
Planner: Bill Gibson
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the site visits that
precede the public hearing in the Town of Vail Community Development Department.
Please call 970479-2138 for additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
call970479-2356, Telephone for the Hearing lmpaired, for information.
Published May 25,2Q07 , in the Vail Daily.
-\t
Page 2
l.
Property (Brtar Patch Residences/ to north of Timber Ridge;
Briar Patch HOA
PO Box 3707
Vail, CO 81658
Property (Post Office) to west of Timber Ridge:
UNITED STATES POSTAL SERVICE
% JOAL HORMANN, U.S. POSTAL SERVICE
REAL ESTATE DIVISION, WE 330
SAN BRUNO, CA 94099
I-70 ROW to south of Timber Ridge:
STATE OF COLORADO
C/O STATE BOARD OF LAND COMMISSIONERS
1313 SHERMAN ST RM 620
DENVER. CO 80203
Property (Savoy Villas GondosJ fo easf of Timber Ridge:
Savoy Villas HOA
Attn: Ross Jansen
C/O Christopher Denton Kilton & Kendall
PO Box 1366
Edwards, CO 81632
Property (Overlook at Vail) to noftheast of Timber Ridge:
OVERLOOK AT VAIL HOMEOWNERS ASSOC INC
C/O SLIFER MANAGEMENT CO
143 E MEADOW DR STE 360
vArL, co 81657
Propefi (Briar Patch R*idences) to nofth of Timber Ridge:
Briar Patch HOA
PO Box 3707
Vail, CO 81658
Propefi (Post Otrice) to west of Timber Ridge:
UNITED STATES POSTAL SERVICE
% JOAL HORMANN, U.S. POSTAL SERVICE
REAL ESTATE DIVISION. WE 330
SAN BRUNO. CA 94099
h70 ROWto south of Timber Ridge:
STATE OF COLORADO
C/O STATE BOARD OF I.AND COMMISSIONERS
1313 SHERMAN ST RM 620
DENVER. CO 80203
Propefty (Savoy Wllas Condos) to east of Timber Ridge:
Savoy Villas HOA
Attn: Ross Jansen
C/O Christopher Denton Kilton & Kendall
PO Box 1366
Edwards, CO 81632
Propefi (Overloo* at Vail) to northeast of Timber Ridge:
OVERLOOK AT VAIL HOMEOWNERS ASSOC INC
C/O SLIFER MANAGEMENT CO
143 E MEADOW DR STE 360
vAtL, co 81657
o0i,1,tF{rY r!tt*€f{T
Planning and Environmental Commieson;;-
AcrIoN F0RM f//
^\,t
Department of community Development -( Qtl ^75 South Frontage Road, Vail, Colorado 81657 -UF t
tel: 970.479.2139 tax:. 970.479.2452 ' J webl www.vailgov.com
Project Name: Vail Land Use Plan Amendment PEC Number: PEC070030
Project Description:
FINAL APPROVAL FOR A REQUEST FOR AN AMENDMENT TO THE VAIL LAND USE PI-AN TO
IDENTIFY THE TIMBER RIDGE PROPERTY, LOTS C1, C2, C3, C4 AND C5, LIONS RIDGE 1ST
FILING AS A LOCATION FOR AFFORDABLE HOUSING IN VAIL.
Participants:
owNER VAIL COLOMDO MUNTCTPAL BLDGo5/16/2007
75 S FRONTAGE RD
VAIL
co 81657
APPUCANT VAIL COLOMDO MUNICPAL BLDG05/16/2007
75 S FRONTAGE RD
VAIL
co 816s7
ProjectAddress: 75 S FRONTAGE RD WESTVAIL LocaUon: TIMBER RIDGE
Legal Description: Lot: A @B Block: 5D Subdivision: Vail Village Filing 1
Parcel Numben 2101-064-0000-3
Comments:
Motion By:
Second By:
Votet
Conditions:
BOARD/STAFF ACTION
Action: WITHDRWN
Date of Approval:
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: 113
All development applications submitted to the Town after the effective date of
Ordinance 26, Series 2006 shall be subject to the pending employee housing
regulations in whatever form they are finally adopted; provided, however, that if
the Town fails to adopt the pending employee housing regulations by April !5,2007,
this Ordinance shall not apply to such development applications.
Planner: George Ruther PEC Fee Paid: $0.00
Zoning Code Amendments
,,*m
Application for Review by
Planning and Environmental Com
Departrnent of Community Development
75 South Frontage Road, Vail, Colorado
tel: 970.479.2L28 fax: 970.479.2452
web: www.vailgov.com
General Information:
All poects requiring Planning and Environmental Commission review must receive approval prior to submitting a
building permit applicaton. Please refer to the submittal requirements for the particular approval that is requested.
An application for Planning and Environmenbl Commission review cannot be accepted until all required information
is received by the Community Development Department. The poect may also need to be reviewed by the Town
FILT COPY
€
fft
n o
\.,
o
o
(^f
o
Council and/or the Design Review Board,
Type of Application and Fee:
tr Rezoning $1300 tr Major Subdivision $1500 tr Minor Subdivision $650 tr Exemption Plat $650 tr Minor Amendment to an SDD $1000 O New Special Development District $6000 tr Major Amendment to an SDD $6000 tr Major Amendment to an SDD $1250
(no exterior modifr@tions)
tr Conditional Use Permit tr FloodplainModification tr Minor Exterior Alteration tr Major Exterior Alteration E DeveloDment Plan fl Amendment to a Development Plan
I Zoning Code Amendment
E Variance
tr Sign Variance
$6s0
$400
$6s0
$800
$1s00
$250
$1300
$s00
$200
Description ofthe Requesfi A REQIIEST FOR AN AIiENDIIEM TO TEE VAIL LAI{D USE PLAN T{)
IDElrTrEr Tf,E TI"!{BER RIDGE PROPERTY- LOTS Cl, C2, Cl- C4, & C5 r.rONS RrnCR
IST FILING AS A LOCATIOI{ F-OR ATFORDART.R HOTTSTT{G TN VATI.
Location of the Proposal: Lot:-Block:- Subdivision:eFF lRn\nt
Physical Address:1280 NORTH FRONTACE ROAD
Parcet No.: 2101-064-00003 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Zoning:HOTISTNC
Lq t4 iE ll \:i lE
16 2007
TOWN OF VAIL
Name(s) of Owner(s):,A(h -\arrtL
Mailing Address:75 FROlit't'Actt
Phone: 479-2lOO
Owner(s) Signature(s) :
Name of Applicant:
Mailing Address:
nl lrlil
ECEil\!i'[=
MAY 16
E-mail Address:
For Office Use Only:
Fee Paid:
Meeting Date: (r '
TOWN OF VAIL
Yq$fl 3Jl1
\
Petition for an Amendment to the Town of Vail
Municipal Code
Submittal Requi rements
GENERAL INFORMATIOI{
This application is a petition for an amendment to the Town of Vail Municipal Code. Arnendments to the
Town of Vail Municipal Code may be requested by the Town Council, by the Planning and Environmental
Commission, by peUtion of any resident or property owner in the Town, or by the Administrator. The Vail
Town Council is the final decision making body for code amendment requests.
SUBMITTAL REqUIREMENTS
B Fee: $1300.00
tr A written sumrnary of the proposed revision of the regulations
n Additional Material: Ttre Administrator and/or PEC may reguire the submission of additional plans,
drawings, specifications, samples and other materials if deemed necessary to properly e/aluate the
proposal.
PRE-APPUCATION GONFERENCE
A pre-application conference with a planning sbaff member is strongly encouraged. No application will be
accepted unless it is complete. It is the applicanfs responsibility to make an appoin$nent with the staff
to determine additional submittal requirements.
TIME-BEOUIREMENTS
The Planning and Environmental C,ommission meets on the 2nd and 4th Mondays of each month. A
complete application form and all accompanying material (as described above) must be accepted by the
Community Development Depatunent by the appropriate submittal date, which is a minimum of four (4)
weeks prior to the date of the PEC public hearing.
ADDITTOilAL REVIEW
A. If this application requires separate review by any local, State or fuderal agency other than the Town
of Vail, the application fee shall be increased by $200.00. Examples of such review, may include, but
are not limited to: Colorado Department of Highway Access Permits, Army Corps of Engineers 404,
etc.
B. The applicant shall be responsible for paying any publishing fees which are in o(cess of 50olo of the
application fee. If, at the applicants request, any matter is postponed for hearing, causing the
matter to be re-published, then, the entire fee for such re-publication shall be paid by the appticant.
C. Applications deemed by the Community Development Depanment to have design, land use or other
issues which may have a significant impact on the community may require review by consultants in
addition to Town staff. Should a determination be made by the Town staff that an outside consultant
is needed, the Community Development Department may hire the consultant. The Department shall
estimate the amount of money necessary to pay the consultant and this amount shall be forwarded
to the Town by the applicant at the time of filing an applicaHon. Expenses incurred by the Town in
excess of the amount forwarded by the applicant shall be paid to the Town by the applicant within 30
days of notifrcation by the Town. Any excess funds will be returned to the applicant upon review
completion.
Plesse note that only complete applications will be accepted All of the required information must be
submiaed in orderfor the applicttion to be deemed completc.
Flcdev\FORMS\Permib\P lannin g\P EC\zoning_code_amend.doc Page 2 of 2 ,v4t06
TO:
FROM:
DATE:
SUBJECT:
MEMOHANDUM
Planning and Environmental Commission
Department ol Commuriity Developmenl
September 24,2001
A request for a rezoning from "Special Development District No. 10"to "HousingZone
Districf located at Timber Ridge Village, 1280 N. Frontage Rd. West / Lots C-1
through C-5, Lion's Ridge Filing No. 1.
Applicant: Town ol Vail Planner: Allison Ochs
pEscRrPTroN oF THE REqUEST
The Department of Community Development has initiated a rezoning ol Special
Developme:nt Distict No. /0to the Housing Zone District,located at Timber Ridge Village,
1280 N. Frontage Rd. Wesl / Lots C-l through Lots C-5, Lion's Ridge Filing No. 1. An
applicalion has been received by the Department of Community Development from the
Administrator, Russell Forresl, in accordance wilh Section 12-3-7 of the Town Code, to
rezone Timber Ridge Village from Special Development Dislrict No. 10 to the Housing Zone
District.
According to Section 12-3-7 ol lhe Town Code:
An amendment of the regulations of this Titte or a change in district boundaries may
be initiated by the Town Council on its own motion, by the Planning and
Environmental Commission on its own motion, by petition of any resident or property
owner in the Town, or by the Administrator.
Timber Ridge Village is currently zoned Special Developmenf Districf No. 10. The proposal
is to rezone Timber Ridge Village to the Housing Zone District. The purpose of the Housing
Zone District is
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 tor other residential
zoning districts. lt is necessary in this district to provide development standards
specifically prescribed lor each development proposal or project to achieve the
purposes prescribed in Section 12-1-2 of this Title and to provide tor the public
welfare. Certain nanresidential uses arc 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.Disttict
is appropriately located and designed to meet the needs of residents of Vail, to
harmonize with surrounding uses, and to ensure adequate light, air, open spaces,
and other amenities appropriate to the allowed gpes of uses.
II. BACKGROUND AND HISTORY OF THE SUBJECT PROPERTY
Lion's Ridge Subdivision was platted in Eagle County in 1973. The property was
subsequently annexed by the Town of Vail in 1975, by Ordinance No.26, Series of 1975.
Ordinance No. 7, Series of 1979, rezoned Lots C-1 through C-5 from Residential Cluster io
Special Developmenl District No. 10. Ordinance No. 7, Series of 1979, has been attached
for reference. The project was completed in 1981 and received a Final Certificate of
Occupancy on November 30, 1981.
As a special development district, the development standards are prescribed by the adopting
ordinance, In a special development district, uses do not vary from the underlying zoning
(12-9A-7). However, in this situation, the original zoning of Residential Cluster was repealed,
and the uses are set forth by the adopting ordinance and development plan. In Special
Development District No. 10, the allowable uses for Timber Ridge Village are set forth by the
adopting ordinance. Ordinance No. 7 perrnits:
Use: The use of the 198 dwelling units shall be restricted as follows:
1. Units shall be used for long-term rentals with a minimum lease of 30
days.2. All occupants shall be full-time employees in the Upper Eagle Valley
which includes the Gore Valley, Minturn, Red Cliff, Gilman, and
Eagle/Vail. "Full-time employment" shall be deemed to mean
employment of more than 30 haurs per week. Members of the family
of an employee shall be exempted from this requirement. The owner
of the property shall provide to the Town of Vail on December I and
June 1 of each subsequent year a list of all tenants, including their
names and places of employment.3. A ten day period from the time of initial occupancy shall be given in
order for an occupant to find employment in the Upper Eagle Valley
as required herein.4. All occupants, with exception of members of the family of an
emplayee who are not employed in the Upper Eagle Valley for a
period in excess of ten days (except in the recognized off-seasons)
will be required to terminate their orcupancy.5. All signators of leases must be occupants of the units.6. Occupation of each unit shall be limited to a family as defined by Title
18 ot the Vail Municipal Code.
Length of Commitment: The terms of these conditions shatl be in effect for a period
of twenty years from the date of completion of the project. No unit, building, or
portion of the project shall be condominiumized during the restricted twenty year
Period.
The terms of the conditions placed on the 198 units expires after 20 years from the date of
completion. Timber Ridge Village received a final Certificate of Occupancy on November
30, 1981 . The terms of the conditions expire on November 30, 2001.
Special Development District No. 10, Timber Ridge, sets specilic development parameters
for the site, including:
Lot Size: 10.08 acres or 439,084.8 sq. ft.
Hazards; High Severity Rockfall
Slopes in excess of 40% (estimation by staff, no pre-construction surveys
available)
Density:
Buildings:
GRFA:
198 dwelling units
16 buildings
148,500 sq. fi.
il1.
Site Coverage: 45Yo or 197,588 sq. ft.
Landscape Area: 30Y"or 131,725 sq. ft.
Height:
Setbacks;
Parking;
35 ft.
20 ft.
297 spaces or 1.5 per unit
Staft is aware of existing non-conformities within the special development districl, including
but not limited to heighl and setbacks. According to the legalfile, the eastern most building
was built over lhe adjacent property line, and therefore does not comply to the 20 ft. setback
requirement.
STAFF RECOMMENDATION
The Department of Community Development recommends thal the Planning and
Environmental Commission forward a recommendation of approval of the proposed
rezoning, based upon the criteria for evaluation listed in Seclion Vl of this memorandum and
the following lindings:
1. The proposed rezoning is consistent with the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and compatible with the Town of Vail's
development objectives.
2. Thal the proposed rezoning is compatible with and suitable to adjacent uses and
appropriate for the area.
3. That the proposed rezoning is in the best interest of lhe public health, welfare and
safety.
ROLES OFTHE REVIEWING BOAFDS FOR A REZONING REQUEST
Planninq and Environmenlal Commission:
Action:The PEC is advisory to the Town Council.
The PEC shall review the proposal and make a recommendalion lo the Town Council on
the compalibility of the proposed zoning with surrounding uses, consistency with the Vail
Comprehensive Plans, and impact on the general wellare ol the community.
Desiqn Review Board:
Action: The DBB has NO review authority on a zoning/rezoning.
Statf:
The staff is responsible lor ensuring that all submittal requirements are provided. The statf
tv.
vt.
advises the applicant as 1o compliance with the Zoning Regulations.
Staff provides a staff memo containing background on the property and provides a slaff
evaluation of the project wilh respect to the required criteria and findings, and a
recommendation on approval, approval with condilions, or denial. Statf also facilitates the
revrew process.
Town Council:
Action: The Town Council is responsible for final approval/denial of a zoninghezoning.
The Town Council shall review and approve the proposal based on the compatibility of the
proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans,
and impact on the general welfare of the community.
REZONING REQUEST: CRITERIA FOB EVALUATION
ZONING OVERVIEW
The Town of Vail Zoning Regulations are intended to:
Promote the caordinated and harmonious development of the Town in a mannerthat
will conserve and enhance its natural environment and its established character as
a resort and residential community of high quality-
The Town of Vail has established the following criteria lor lhe review of a rezoning;
1) ls the existing zoning suitable with the existing land use on the site and
adjacent land uses?
The existing land use on the site consists of multipleJamily dwelling units reserved
for employee housing. There are 16 two- and three-story buildings with 198 dwelling
units. There are three beds per unit. In November of this year, the restrictions on
the use of the properly as employee housing expire. Staff believes that the current
zoning, Special Development District No. 10, is suitable with the current and future
use of the property. As a special development district, the development slandards
are set by an approved development plan, subjecl lo review by the Design Review
Board, Planning and Environmenlal Commission, and Town Council. A special
development district allows tor devialions from the code. Section 12-94-9 states:
Development standards ineluding lot area, site dimensions, setbacks, height,
density contrcl, site caverage, landscaping and parking shall be determined
by the Town Council as part at the approved development plan with
consideration of the reeommendations of the Planning and Enviranmental
Commission. Before the Town Council approves development standards that
deviate from the underlying zone district, it should be determined that such
deviatian provides benelrts to the Town that outweigh the adverse effects of
such deviation. This determination is to be made based on evaluation af the
proposed speciat development distric{s compliance with the design criteria
outlined in Section 12-gA-8 af this Article.
When approved, the Town Council determined that the deviations provide
substanlial benefit to the Town. In Special Development District No. 10, the
identiJied public benefit was employee housing lor a 20 year period. The Town
Council found that the public benefil of employee housing outweighed the deviations,
which included a considerable increase in density from the original zoning (RC) and
relief from the design guidelines. Staff believes tllat Special Development District
No. 10 is suitable with the existing land use of the property.
The purpose of Special Development District No. 10 is as Jollows:
Special Development District No. 10 is established to ensure nmprehensive
development and use of an area in a manner that will be harmonious with the
general character of the town, provide adequate open space and recreational
amenities, and promote the objectives of the zoning ordinance. Special
development distict 10 is created to ensure that housing for the employees
of the Vail community is provided and provided in such a manner that is
suitable for the area and the vicinity in which it is situated; that the
development will not have a substantial negative effect on the town or its
citizens, inhabitants, or visitors; that the development is regarded as
complementary to the town by the town council and the Planning and
Environmental Commission; and that there are significant aspects of the
special development which cannot be satisfied through the imposition of
standard zoning districts on the arca.
Special Development District No. 10, allows lor the continualion of the existing use
of the property withoul lhe employee housing restrictions. lt creates no
nonconforming situation.
Adjacent uses include the lollowing:
Simba Run -Special Development Dislrict No. 5, Simba Run, was adopted
by Ordinance No.6, Series of 1976. lt was a developmenl originally
approved in Eagle Counly, prior to annexation. The development plan was
accepted by the Town ol Vail as part of the annexation agreement. When
annexed, special developmenl district was the most appropriate zoning for
the site with the prior approvals. The public benefits included transportation
improvements, recreational amenities, and len employee housing units. The
site has no underlying zoning. According to Special Development District
No. 5, there are 209 dwelling unils on site, consisting of 198,000 sq. ft. of
GRFA and 18,000 sq. ft. of commercial area.
United States Post Otfice - the Uniled States Post Office is zoned Medium
Density Multiple Family. The use of the site is a pubic building. As an office
of a federal agency, Town ol Vail regulations do not apply.
Tract A, Lion's Ridge Filing 3 - Tract A is zoned Natural Area Preservalion
District. Current use of the site is open space and it is owned by the Town
of Vail.
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Staff believes that Special Development District No. 10, is suitable with adjacenl
uses.
Staff believes that the Housing Zone District would also be appropriate for Timber
Ridge Village. The HousingZone District would allow for the continuation of the
current use of the property. Any redevelopment would then need to comply with the
Housing Zone District slandards.
ls the amendment presenting a convenient workabte relationship with land
uses consistent with municipal objectives?
The Town has continually stated that the provision of employee housing is an
important objective and a high priorily for the community. Rezoning Timber Ridge
Village to the Housing Zone Dislrict would allow lhe current use of the property to
continue. Should the owner of the property choose to improve the buildings through
the addition of GRFA, the Town Code would require the applicant to come into
compliance with the Housing Zone District. This would preserve lhe 198 dwelling
units currently reserved for employees. Staff believes that the amendment presents
a convenient workable relationship with land uses consistent with stated municipal
objectives. The purpose of the Housing Zone District is:
The Housing District is intended to provide adequate sites tor employee
housing which, because of the nature and characteristics of employee
housing, cannot be adequately regulated by the development standards
prescribed for other residential zoning districts. /t rb necessa4y in this distict
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 canditional uses, which are intended to
be incidental and secondary to the residential uses of the District. The
Housing District is intended to ensure that empbyee housing permitted in the
District is appropriately located and designed to meet the needs of residents
of Vail, to harmonize with surrounding uses, and to ensure adequate light,
air, open spaces, and other amenities appropriate to the allowed types of
uses,
The Housing Zone District is similar to a special development district in its flexibility
in the development standards of the zone district. The Housing Zone District
provides the following:
Lot Size:
Density:
GRFA:
as approved by the PEC
as approved by the PEC
as approved by the PEC
Site Coverage: 55% or as approved by the PEC
Landscaoe Area: 30%
Setbacks:
Parking:
20 ft. or as approved by the PEC
per Ch. 12-10 or as approved by the PEC
As part of the rezoning of Timber Ridge Village to the Housing Zone District, the
Planning and Environmenlal Commission would be adopting a development plan lor
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the site. The approved development plan would consist of the current development
parameters as outlined in Special Development District No.'10.
Staff believes that the Housing Zone District presents a convenienl workable
relationship with the existing use of the site. The rezoning would not present any
nonconformities with regard to the existing structures. However, the Housing Zone
District is very specific with regard to use of the site. The Housing Zone District's
primary intent is to provide employee housing. When the restriction on the use of the
dwelling unils expires, the site will be nonconforming with regard to use. According
to the Town Code:
12-18-4: USES.'
The use of a site or structure lavtfully established prior to the effective date
hereof which does not conform to the use regulations prescribed by this Title
for the distict in which it is situated may be continued, provided that no such
nonconforming use shall be enlarged to occupy a greater site area lor
building floor area than it occupied on the effective date hereof. Any
subsequent reduction in site area or floor area occupied by a nonconforming
usE shall be deemed a new limitation, and the use shall not thereafter be
enlarged to occupy a greater site area or floor area than such new limitation.
The Town Code allows for the continuance of nonconforming uses. lt states:
12-1 8-2: CONTINUANCE:
Nonconforming siles, uses, structures, and site improvements lavvfully
established prior to the effective date hereof may continue, subject to the
limitations prescribed in this Chapter. Sites, uses, structures, and site
improvements lavvfully authorized by permits or regulations existing prior to
the effective date hereof may continue, subject to such limitations as
prescribed by such permits or regulations.
Therefore, the current use of Timber Ridge Village may continue until the owner of
the property submits an application to the Departmenl of Community Development
to enlarge any struclure on lhe site. At such time, the applicant would be required
to come into compliance with the use requirements of the Housing Zone District.
The current use of the property conforms to the existing zoning, Special
Development District No. 10. Should the owner of the property wish to enlarge any
struclure on the site, the process would be a major or minor amendment (depending
on the scope of the improvements) to Special Development District No. 10.
Does the rezoning provide for the growth ol an orderly viable community?
In accordance with the provisions o{ the Town of Vail Zoning and Subdivision
Regulatlons and Vail's Comprehensive Plan elements, staff believes this rezoning
provides for the growth of an orderly viable community. The Housing Zone District
sets forth develooment standards and uses which the Town has found to be in the
besl interesl of the Town's health, safety, and welfare. Staff believes that the
designation of the Housing Zone District on this site will suit the existing use and
development of the site, while allowing for a variely of uses which will benefit the
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Town and the owner of the property.
The Housing Zone District regulations have been attached tor reference. The
Housing Zone Districl allows deed restricted employee housing as a permitted use.
ln addition, as conditional uses, the Housing Zone District allows for Type Vl
employee housing units, dwelling units (not EHUs) not lo exceed 30% of the total
GRFA constructed on the sile, and accessory commercial uses. The Housing Zone
District provides for development potential beyond the existing special development
district. The only allowable use under Special Development District No. 10 is 198
dwelling units. With no underlying zoning, developmenl potential is ambiguous.
There is no mechanism in place lo ensure compatibility of uses on the site with
adjacent properties, Vail's development objectives, and Vail's Comprehensive Plan.
Any redevelopment proposal inconsistent with the existing special development
district would need to establish underlying zoning first, then impose a new special
development district on the property.
Staff believes that the ambiguity of the development potential for the site with the
exisling zoning does not provide for the growth of an orderly viable community. Slatf
believes thal the clear purpose and intent of the Housing Zone District, along with
the allowable uses within lhat zone district, will provide for the growth of an orderly
viable communily.
ls the change consistent with the Land Use Plan?
The Vail Land Use Plan was iniliated in 1985 and adopted in 1986 by the Vail Town
Council. The main purposes of the Land Use Plan are two-fold:
1. To articulate the land use goals of the Town.2. To serve as a guide for decision making by the Town.
The Vail Land Use Plan is intended to serve as a basis from which future land use
decisions may be made within the Town of Vail. The goals, as articulated within the
Land Use Plan, are meant to be used as adopted policy guidelines in lhe review
process for new development proposals. In conjunction with these goals, land use
categories are defined to indicale general lypes of land uses which are then used
to develop the Vail Land Use Map. The Land Use Plan is not intended to be
regulatory in nature, but is inlended to provide a general framework to guide decision
making. Where the land use categories and zoning conllict, existing zoning controls
development on a site.
The currenl land use designation of the property is High Density Residenlial, which,
according to the Vail Land Use Plan, is described as:
The housing in this category would typically consist of multi-floored
structures with densities exceeding 15 dwelling units per buildable acre.
ather activities in this category would include private recreational facilities
and private parking facilities and institutional / public uses such as churches,
fire stations, and parks and open space tacilities.
The proposed rezoning is consistenl with the goals, objectives and policies as staled
in the Vail Land Use Plan. Specific Land Use Plan goals that are relevant to this
proposal include:
1.0 GeneralGrowth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining
a balance between residential, commercial and recreationaluses lo
serve both the visitor and the permanent resident.
1.3 The quality of development should be maintained and upgfaded
whenever Dossible.
5.0 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 marketplace
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.
Staff believes the goals of the Vail Land Use Plan will be furthered by the
rezoning of this property from Special Development District No. 'l 0 1o the Housing
Zone District. The Vail Land Use Plan states that the provision of employee
housing is an important objective of the Town. In addition to the Vail Land Use
Plan, olher Town documents support this objective. ln 1999, the Town of Vail
sponsored, along with Eagle County, Town of Eagle, and Vail Resorts, Inc., a
housing needs assessment. The Housing Needs Assessment states:
Develop more rental housing. The demand for units to house new
employees and employees who now commute but want to live in Eagle
County is sufficiently strong to support the additional development of
apartments. Until the vacancy rates reaches a level more in line with
other communities, etforts to develop apartments should not be curtailed.
Staff believes that the rezoning of Timber Ridge Village to the HousingZone
District is consistent with the Land Use Plan and the Housing Needs Assessment.