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HomeMy WebLinkAboutWEST DAY SUBDIVISION LOT 2 RITZ CARLTON GENERAL PART 2 OF 2 LEGAL.pdfTO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department November 14,2005 A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town il. Code, and a final review of a conditional use permit,pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Levef, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code; and final review of architectural deviations, pursuant to Section 8.3.3.A, Review Criteria for Deviations to the Architectural Design Guidelines for New Development, Lionshead Redevelopment Master Plan, to allow for the development of 107 multi- family residential dwelling units, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and setting forth details in regard thereto. (PEC 05-0062 and PEC 05-0063). Applicant Vail Resorts Development Company, represented by Braun Associates, Inc.Planner: Wanen Campbell SUMMARY The purpose of today's work session hearing with the Planning and Environmental Commission is to allow the applicant an opportunity to present the changes which have been made to the application in response to comments from the previous meeting. The desired outcome of the hearing is for the Planning and Environmental Commission to understand the following: o The proposed structure in terms of bulk, mass, height, and operation.. The criteria by which the applicant is requesting flexibility regarding the area of flat roof on the structure and the proposed the architectural mechanical screening solution. The Commission is not being asked to take any formal action on this application at this time. As such, staff is not providing a formal recommendation at this time. Staff and the applicant request that the Planning and Environmental Commission tabfes the applicant's request to the November 28, 2005, hearing. lt is anticipated that the applicant will request a final approval at the November 28, 2005, Planning and Environmental Commission hearing. DESCRIPTION OF THE REQUEST The purpose of today's work session hearing with the Planning and Environmental Commission is to allow the applicant an opportunity to present the changes which have been made to the application in response to comments from |il. the previous meeting. After the presentation the Planning and Environmental Commission will be asked to provide additional feedback regarding the revisions to the proposal. The primary changes made since October 24,2005, are: r The elimination of the screening element for the mechanicals located over the primary ridge;. The reduction of flat roofed areas and increase in roof top tenaces; and . The incorporation of an architectural landmark tower measuring 112 feet in height. The proposed Ritz-Carlton Residences project is on the third and final parcel of the comprehensive development site encompassing the existing Marriott Hotel, the Gore Creek Residences, and the West Day Lot parking area. The West Day Lot parking area and the existing Marriott parking structure sites total 2.399 acres in size and is location of the proposed Ritz-Carlton Residences project. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). A reduced set of revisions are attached for reference (Attachment B). The Ritz-Carlton Residences proposal is comprised of two (2) different development review applications. Each application is intended to facilitate the redevelopment proposal. The development applications include: r A maior exterior alteration aoplication for a new 107 multiple- family dwelling unit structure; and r A conditional use oermit aoolication for "lodge rooms or dwelling unifs" located on the basement or garden level and the first floor or street level of the structure. The key elements of the proposal include: . A 1O7 multiple-family dwelling unit condominium structure;r A total ol 212,695 square feet of Gross Residential Floor Area (GRFA);o A 388 space below grade parking structure to serve as parking for the Marriott Hotel and the Ritz-Carlton Residences;r A landmark tower feature which is 112 feet in height;o A loading and delivery facility comprised of three bays;o A lobby/lounge area with a front desk, concierge, and valet; and r A media room, game room, and pool/hot tub deck. BACKGROUND The subject development site includes several parcels of land cunently used for the Manioft Hotel, the parking structure for the Marrioft Hotel, the Gore Creek Residences, and the West Day Lot. Marriott Hotel History (Parcel 1 of the West Day Subdivison) The Marriott (previously "The Mark") was approved by the Town in 1977 as a hotel and condominium project and was zoned Special Development District No. 7 by Ordinance 3, Series of 1977. The project was expanded and modified throughout the 1980's and 1990's. In 1999 the Marriott property, along with the rest of Lionshead, was rezoned to Lionshead Mixed Use 1 and SDD No. 7 was repealed. The Marriott as developed today includes 35 dwelling units, 276 hotel rooms, meeting rooms, a restaurant, and other hotel amenities. West Day Lot History (Parcel 2 of the West Day Subdivision) The western portion of the site (the Morcus Subdivision), known as the "West Day Lot", was regraded and used for Vail Resorts employee parking. Prior to the rezoning of this parcel to Lionshead Mixed Use 1 in 1999, the property was zoned Parking District. On August 22, 2005, the Planning and Environmental Commission held an initial hearing on the Ritz-Carlton Residences. At that hearing Staff proved the Commission with parameters by which the project would be reviewed. At this hearing the Commission requested to see how the parcels recently acquired by Vail Associates and the potential of relocating the Frontage Road would affect this property. In addition the Commission asked for a response as to why a conditional use permit was appropriate to be granted for condominiums on the ground floor next to a potential future lift and within an overall greater portal to the mountain being created in western Lionshead. On September 12, 2005, the Planning and environmental Commission expressed that there were no concerns with the Conditional Use Permit that was being request for dwelling units on the first floor or garden level. The Commission continued by expressing concem regarding the height of the landmark tower. The general consensus was that a height of 140 feet was inappropriate. In addition, the Commission stated that the height of the screening element for the mechanicals had not been justified in the presentation and other options should be examined. The Commission was not comfortable with approving the height of the screening element over the maximum height of 82.5 feet. Finally the Commission expressed that they would like greater information regarding the flat roof maximum area requirement found in the Lionshead Redevelopment Master Plan. Several members expressed a need for the western elevation along the Frontage Road to have step backs incorporated into the architecture. On September 26, 2005, The Planning and Environmental Commission generally expressed that of the three Options/Alternatives presented that that Option/Altemative B was preferable to Option/Alternative C. The Commissioners generally felt that while OptioniAlternative B incorporated the mechanical screening solution which exceeds the maximum height, it does not result in additional head height in the top floor units as in Option/Altemative G. Some concemed was expressed about how mechanical screening which exceeds the maximum height could be limited and controlled so as not to be abused on future projects. One thought expressed was to have more speciflc language in the Master Plan to address screening of mechanical units. Some members believed that enough regulations, or safeguards, were in place to insure that mechanical screening abuse would not occur on other projects as they would need to pass PEC and DRB review. For instance, the applicant was directed to provide a sample of the mechanical screening material, look at incorporating roof-top tenaces, and examine the possibility of creating a more "cascading roof effect" on the southeast elevation. On October 10, 2005, the Planning and Environmental Commission gave direction to the applicant regarding the proposed architectural deviations. The Commission in general felt the proposed landmark tower was still too tall at 120 feet and that there were concems with the height of the architectural screening solution for the mechanicals. The Commission was relatively comfortable with the flat roof area of the building, however, they directed staff to call Jack Zehren, of Zehren and Associates, one of the individuals who participated in the writing of the Lionshead Redevelopment master Plan. On October 19, 2005, staff spoke directly with Jack Zehren regarding the intent of Section 8.4.2.7, Roofs, and what the design goal/intent was of limiting flat roofed portions of buildings to 500 square feet. Through conversation it was learned that a draft prior to the approved Master Plan identified a maximum of 250 square feet for flat roofs. He continued by stating that the number of 500 square feet was arbitrary and that the goal/intent was to allow for larger buildings which have complex roof systems to utilize the flat roofed areas as "transitions" between the complicated systems. He stated that it was the understood during the drafting of the Master Plan that some structures would have multiple flat roofed areas located on larger buildings which might total more that 500 square feet. He conclude by stating that the writers of the Master Plan realized that some flat roofed areas may exceed 500 square feet, however, if those flat roofed areas did not disrupt the overall roof system and architecture they could be approved per the following statement from the Master Plan: Secondary roof forms which occur at logical breaks in building massihg may exceed 500 square feet if the general intent of fragmented forms and visual harmony is met. On October 24, 2005, the Planning and Environmental Commission generally supported the architecture of the proposed structure. Regarding the proposed architectural deviations (flat roof area, mechanical screening, and a landmark tower) there were varying thoughts. Several members were comfortable with the mechanical screening solution as it was a good solution by which other developers could aspire, while other members were adamant that the height limitation of 82.5 feet not be exceeded. In regards to the flat roof area of the building the general consensus was that the area proposed was appropriate. Several members desired to see the architectural landmark return to the design of the project. Some members felt the tower should e,omply with the 97.5 feet height requirement and others thought it could go slightly taller. On Novembe r 2, 2005, the Design Review Board, at its regular hearing voted unanimously to forward a recommendation of approval on the architectural deviations (flat roof area, and architectural landmark tower) to the Planning and Environmental Commission. Gore Creek Residences History (Parcel 3 of the West Day Subdivision): On November 24, 20O3, the Planning and Environmental Commission approved text amendments to Section 12-7H-5, Conditional Uses; Generally (on all levels of a building or outside a building), Vail Town Code, to allow single-family residential dwellings and two-family residential dwellings as conditional uses in the Lionshead Mixed Use 1 District and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to provide criteria to which a single-family and two-family residential dwelling proposal within the Lionshead Mixed Use 1 District must adhere. The text amendments were subsequently approved by Town Council upon second reading in Ordinance 36, Series of 2003, on December 16, 2003. On June 28, 2004, the Planning and Environmental Commission approved, with conditions, a conditional use permit and a major exterior alteration application on this site for eight two-family structures for a total of 16 dwelling units. On December 13, 2004, the Planning and Environmental Commission approved a minor subdivision establishing the West Day Subdivision which is comprised of three parcels. The approval and recording of the West Day Subdivision was the culmination of the review of the Gore Creek residences during which it was agreed that the three lots comprising the West Day Subdivision would be tied together for zoning purposes. A note was placed upon the West Day Subdivision which states the following: "For the purposes of zoning, Lots 1, 2, and 3, created by this subdivision are to be treated as one development site. Development sfandards shall be based upon the improvements and land area of the combined area of Lofs 1 , 2, and 3." As a part of the approval of the West Day Subdivision, a spreadsheet identifying the development potential for each of the three par@ls was approved in conjunction with the minor subdivision. That spreadsheet, was entitled, "West Day LoUManiott Hotel/Gore Creek Place Approved Development Plan/Development Allocations", and dated December 6, 2004. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning and Environmental Commission, Town lv. Council, and Staff on the various applications submitted on behalf of Vail Resorts Development Company. A. Exterior Alteration/Modification in the Lionshead Mixed-Use I zone district Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Gommission for impacts of use/development and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval/denial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping." Design Review Board: Action: The Design Review Board has no review authority on a Major or Minor Exterior Alteration, but must review any accompanying Design Review Board application. Sfaff; The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo 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: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and EnMronmentral Commission or Design Review Board ened with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. B. Conditional Use Permit (CUP) Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for acceptability of use and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for v. final approval/denial of CUP. The Planning and Environmental Commission shall review the request for compliance with the adopted conditional use permit criteria and make findings of fact with regard to the project's compliance. Design Review Board: Action; The Design Review Board has no review authority on a CUP, but must review any accompanying Design Review Board application. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evali.ration 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: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. APPLICABLE PLANNING DOCUMENTS The following checklist was created to provide a means of evaluating the Ritz- Carlton Residences proposal for complianee with the Lionshead Redevelopment Master Plan. The checklist is intended for the Planning and Environmental Commission to use in conjunction with their copies of the Lionshead Redevelopment Master Plan to locate relevant portions of the Master Plan which pertain to this proposal. Lionshead Redevelopment Master Plan Chapter 2: lntroduction a 2.1 Purpose of the Master Plan o 2.2 Definition of a Master Plan o 2.3 Policy Objectives s 2.3.1 Renewal and Redevelopment a 2.3.2 Vitality and Amenities s 2.3.3 Stronger Economic Base Through Increased Live Beds s 2.3.4lmproved Access and Circulation o 2.3.5 lmproved Infrastructure o 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues Chapter 4: Master Plan Recommendations - Overall study Area a 4.1 Underlying Physical Framework of Lionshead o 4.1.1 Lionshead Master Plan Concept o 4.1.5 West Lionshead - Residential/Mixed-Use Hub o 4.3 Connections to the Natural Environment o 4.3.1 Visual Connections o 4.3.1.2 North-South Orientation of Buildings a 4.6 Vehicular and Pedestrian Circulation o 4.6.4 Modifications to West Lionshead Circle and Lionshead Place a 4.6.4.1 East lntersection of W. Lionshead Circle and South Frontage Road o 4.6.4.2Intersection of Lionshead Place and West Lionshead Circle o 4.6.4.3 Pedestrian Sidewalks and Crossings a 4.6.4.4 Visual lmprovements a 4.7 Loading and Delivery s 4.7.1 Properties with Direct Service Access o 4.8 Parking o 4.8.1 Potential Displacement of Existing Parking a 4.8.1.2 West Day Lot a 4.S.2ResidentialProperties o 4.9 Housing o 4.9.1 No Net Loss of Employee Housing o 4.9.3 Policy Based Housing Opportunities o 4.10 Gateway, Landmarks, and Portals o 4.10.2 Landmarks a 4.11 Public Art Chapter 5, Detailed Plan Recommendations o 5.13 The Maniott o 5.13.1 Redevelopment or Development of the Parking Structure B 5.17 West Day LoU Vail Associates Service Yard/ Holy Cross Site Chapter 6, Site Design Guidelines o 6.4 Secondary Pedestrian Walk 8 6.6 Pedestrian Path Chapter 8, Architectural Design Guidelines s 8.1 Vision Statement s 8.2 Organization, Purpose and Scope a 8.4.2 Architecture s 8.4.2.1 Introduction a 8.4.2.2 Building Form and Massing s 8.4.2.3 Building Height o 8.4.2.4 Exterior Walls o 8.4.2.7 Roofs Resolution 18. Series of 2004: A Resolution Amendino Certain Sections Of The Lionshead Redevelooment Master Plan Clarifuinq And Affordinq ALL Tvoes Of Development Proiects. 'Wew And Redevelopmenf". Flexibilitv In The Aoplication Of The Architectural Desiqn Guidelines. As Prescribed In Chaoter 8 Of The Lionshead Redevelooment Master Plan. And Settinq Forth Details In Reoard Thereto. 8.3.3.A Review Criteria for Deviations to the Architectural Design Guidelines for New Development Similar to the implementation policies of the ADG prescribed for existing structures, the Town has determined that there may be instances where flexibility in requiring strict compliance with the Guidelines for new development maybe in the best interest of the community and the fuftherance of the goals and objectives stated in the Lionshead Redevelopment Master Plan. That said, however, it is acknowledged that such instances are rare and extraordinary, and shall be considered on a case-by-case basris. To aid in determining when flexibility shall be afforded to new development from strict compliance with the Guidelines, review criteria have been established. The degree of design deviation flexibility afforded to a development project shall bear proportionately to the extent of the improvements proposed. For example, a development application that proposes fhe construction of a new structure which includes the demolition of an existing structure or adds significant volume or mass to a property, shall more fully comply with the prescribed Architectural Design Guidelines outlined in the master plan than an application which proposes a renovation or addition to an existing building The following criteria shall be used by the Town of Vail Planning & Environmental Commission and Design Review Board to determine if deviations to the Guidelines should be granted: It shall be the burden of the applicant to demonstrate to the satisfaction of the Town of Vail Planning & Environmental Commission following a recommendation ftom the Design Review Board that: . The request for design deviations are in compliance with the purposes of the zone district; and The proposal which includes fhe deslgn deviations is conslstenf with applicable elements of the Lionshead Redevelopment Master Plan; and The proposal which includes fhe desrgn deviations does not have a signifrcantnegative effeet on the eharader of the neighborhood; and The proposal substantially complies with other applicable elements of the Vail comprehensive plan; and The design deviation meets or exceeds the intent of the specific design standards as prescribed in Section 8.4; and, o A public beneft is achieved as a resu/f of the design deviation; and, o The design deviation fufthers the goals, objectives and purposes as sfated in Sections 2.3, 2.5 and 8.2 of the Lionshead Redevelopment Master Plan. Zonino Requlations Lionshead Mixed Use - 1 Zone District (in part) 12-7H-1: PURPOSE: The Lionshead Mixed Use-l zone district is intended to provide sifes for a mixture of multiple-family dwellings, Iodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skler serubes, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 zone district, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permifted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specificalty developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross resrdential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consisfent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any developmenvredevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: sfreefscape improvements, pedestian/bicycle access, public plaza redevelopment, public aft, roadway improvements, and similar improvements. t0 12-7H-2: PERMITTED AND CONDITIONAL USES; EASEMENT OR GARDEN LEVEL:A. Definition: The 'basement' or "garden level' shall be defined as that floor of a building that is entirely or substantially below grade. B. Permitted Uses: Ihe following uses sha// be permitted in basement or garden ievels within a structure: Banks and financial institutions. Commercial ski storage. Eating and drinking establishments. Personal seruices and repair shops. Professional offices, busrhess offices and sfudios. Public or private lockers and storage. Recreation facil ities. Retail establ ish ments. Skier ticketing, ski school, skrbr serulceg and daycare. Travel agencies. Additional uses determined to be similar to permifted uses described ln fhls subsection, in accordance with the provisions of Secflon 12-3-4 of this Title. C. Conditional Uses; The following uses sha// be permitted in basement or garden levels within a structure, subject to lssuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Major arcade. Multiplefamily residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type lll (EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops. Theaters. Additional uses determined to be similar to conditional uses described rn fhr.s subsection, in accudance with the provisions of Sectrbn 12-3-4 of this Title. 12-7H-3: PERMTTTED AND CONDITIONAL USES; FIRST FLOOR OR SIREET LEVEL: A. Definition: The Tirst floor' or "street level' shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. B. Permitted Uses lhe following uses sha// be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Eating and drinking establishments. Recreatio n facil itie s. Refall stores and establishments. ll Skier ticketing, ski school, skr'er seryices, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses descrlbed in fhis subsection, in accordance with the provisions of Section 12-& 4 of this Title. C. Conditional Uses; The following uses sha// be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Maltipl*family residential dwelling uni6, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type lll (EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops. Additional uses determined to be similar to conditional uses described rn fhis subsection, in accordance with the provisions of Secfibn 12-3-4 of this Title. 12-7H-4: PERMITTED AND CONDITIONAL USES: SECOND FLOOR AND ABOVE: A. Permifted Uses; Exception: The following uses sha// be permifted on those floors above the first floor within a stucture: Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, ftactional fee clubs, lodge dwelling units, and employee housing units (Type lll (EHU) as provided in Chapter 13 of this Title). Additional uses determined to be similar to permifted uses descrlDed rn lhis subsection, in accordance with the provisions of Section 12-3- 4 of this Title. 1 2-7 H-6: ACCESSORY USES: The following accessory uses sha// be permifted in the Lionshead Mixed Use 1 zone district: Home occupations, subject to lssuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcade. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor dining areas operated in conjunction with permitted eating and drinking establishments. Swimming pools, tennis courts, patios or other recreation facilities cusfomarily incidental to permifted residential or /odge uses. l2 vt. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 1 2-7H-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consisfenf with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not othetwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. 12-7H-18: MtTtGATtON OF DEVELOPMENT IMPACTS: Propefi owner{developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. lmpacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian wall<way improvements, sfreetscape improvements, stream tracUbank improvements, public art improvements, and similar improvements. The intent of this section is fo only require mitigation for large scale redevelopmenUdevelopment projects which produce substantial off site impacts. ZONING ANALYSIS Address/Legal Description: 720 and 728, West Lionshead Circle, and 825 West Forest Road/Lots 1, 2, 3, West Day Subdivision Parcel Size: Zoning: 6.82 acre (297,165 sq. ft.) Lionshead Mixed Use 1 Land Use Designation: Resort Accommodations and Services The West Day Lot Development is comprised of three parcels which include the existing Marriott Hotel and the 16 Gore Creek Place Residences, and the proposed RiE-Carlton Residences. As was stated previously in the memorandum these three parcels are tied together and treated as one large development site by the recorded plat. Below is a zoning analysis which incorporates all three parcels and the developments which exist, are under construction, and are proposed on the three lots. This analysis will become a part of the Approved Development Plan for the three parcels included within the West Day Lot Development Site. DeveloomentStandard Allowed Land Uses: Existino Lotl-MarriotHotel Lot 2 - West Day Lot and Maniott Hotel Parking Structure Lot 3 - Gore Creek Residences l3 Prooosed Lot Area: Setbacks All Sides: Building Height: Density: GRFA: Site Coverage: Landscape Area: Parking: Parcel Size: Zoning: Land Use Designation: Lot Area: Setbacks All Sides: Building Height: Density: GRFA: Site Coverage: Landscape Area: Parking: 10,000 sq. ft. 10 ft. 71 ft. avg. 82.5 ft. max 238 DUs (35/ac.) Unlimited AUs 742,912 sq. ft. 208,015 sq. ft. (70Yo) 10,000 sq. ft. 10 ft. 71 ft. avg. 82.5 ft. max 83 DUs (35/ac.) Unlimited AUs 261,250 sq. ft. 73,150 sq. ft. (7oVo) 20,900 sq. ft. (20%) 145.6 (1.4/DU) 297,165 sq. ft. 10 ft. 70 ft. avg. 80.5 ft. max 51DU (7.5/ac.) 276 AU 213,239 sq. ft. 148,076 sq. ft. (4e.8%) 104,500 sq. ft. NA NA NA 297,165 sq. ft. 10 ft. 67.9 ft. avg. 82.5 ft. max 158 DU (23.1|ac.) 276 AU 425,934 sq. ft. 203,234 sq. ft. (68.4%) 104,500 sq. ft. 10 ft. 66.4 ft. avg. 82.5 ft. max 107 DU (44.61ac.) 212,695 sq. ft. 77,760 sq. ft. (74.4Vo) 25,060sq. ft. (23.9Yo) 388 spaces* 59,433 sq. ft. (20%) 139,713 sq. ft. (41olo) 1'19,772sq.ft. (40.3o/o) 156 (1.4/DU) 412 spaces 498 spaces 276 (0.7tAU) The following analysis is performed solely on the site proposed to be the location of the Ritz-Carlton Residences. Address/LegalDescription: 728 West Lionshead Circle/Lot 2 West Day Subdivision 2.399 acre (104,500 sq. ft.) Lionshead Mixed Use 1 Resort Accommodations and Services Develooment Standard Allowed Land Uses: Existinq Proposed Lot 2 - West Day Lot and Marriott Hotel Paking Structure NA NA NA NA l4 " Of the parking proposed to be provided 146 spaces will serve the Ritz-Carlton Residences, 237 will serve as replacement spaces fort he Marriott Hotel to replace the structure, and 5 are surplus. VII. SURROUNDING LAND USES AND ZONING North: South: East: West: Land Use Residential Open Space Residential Public Utility Zoninq Lionshead Mixed Use 1 District Natural Area Preservation District Lionshead Mixed Use 1 District General Use District VIII. MAJOR EXTERIOR ALTERATION REVIEW CRITERIA Section '12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU-1) zone district. According to Section '12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Should the Planning and Environmental Commission choose to approve the major exterior alteration application, staff recommends that the Commission makes the following finding as part of the motion: "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consrsfenf with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otheruise have a signfficant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." CONDITIONAL USE PERMIT REVIEW CRITERIA As previously discussed in Section ll of this memorandum, the applicant is requesting approval of a conditional use permit, pursuant to Section 12-7H-2, l5 Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permifted and Conditional Uses; First Floor on Street Level, to construct dwelling units within the Garden Level and on the First Floor of the proposed structure, subject to the issuance of a conditional use permit in accordance with the provisions outlined in Chapter 16, Conditional Use Permits, VailTown Code. Section '12-16-6, Criteria; Findings, Vail Town Code, outlines the review criteria for conditional uses permit requests proposed within the Lionshead Mixed Use 1 (LMU-1) zone district. According to Section 12-16-6, Vail Town Code, the Planping and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Should the Planning and Environmental Commission choose to approve the application, staff recommends that the Commission make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the Zoning Regulations and the purposes of the Lionshead Mixed Use 1 zone district. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use complies with each of the applicable provisions of the Zoning Regulations. RESOLUTION 18. SERIES OF 2004. REVIEW CRITERIA The applicant is requesting two architectural design deviations which are permifted flexibility under the Lionshead Redevelopment Master Plan and are subject to review by the Planning and Environmental Commission under a set of criteria. lf certain findings can be made by the Planning and Environmental Commission, upon receipt of a recommendation by the Design Review Board, flexibility can be granted. The two architectural design features the applicant is requesting flexibility from are: t6 The Master Plan limitation on a maximum of 500 sq. ft. of flat roofed areas; and The Master Plan requirements for an architectural landmark which is 112 feet tall. Staff will not address the specific criteria at this time regarding the two architectural design elements the applicant is requesting to deviate from in the Lionshead Redevelopment Master Plan. Attached are the responses to the specific criteria submifted by the applicant regarding the proposed deviations (Attachment C). Staffs initial analysis of the two architectural design deviations are as follows: Flat Roofed Area of the Structure: The Lionshead Redevelopment Master Plan identifies a maximum area of 500 square feet for flat roofed portions of a structure. Staff believes that the intent of this provision is to limit buildings to minimal flat roofed areas so as to encourage true sloping roof forms. Staff believes that the limitation of 500 square feet per area for a structure located on a site encompassing 2.399 acres may be unreasonable. The proposed structure has a total roof area of approximately 58,433 square feet and the proposed flat roofed portion of the structure is proposed to be approximately 3,910 square feet or 6.7 percent of the total area. This is a reduction from the previously proposed roof design which contained approximatefy 5,442 square feet or 9.2 percent of the total area. The current roof plan now incorporates 4,454 square feet of roof-top terrace. The applicant has proposed a roof design in which they believe the flat portion is secondary to the sloped roofed areas. Through the use of sloped mansard roof forms the applicant has attempted to reduce the visibility of the flat roofed portions of the structure from many perspectives. The flat roofed areas will not be visible from a pedestrian perspective nor from the sunound properties as the height of the building is above a majority of the neighboring structures. The flat roofed areas will, however, be visible from the ski mountain. Landmark Tower Element: The applicant has proposed to locate a landmark tower element on the northwest corner of the proposed structure. The Master Plan identifies the importance of landmark elements on projects within Section 8.4.1.2, Landmarks. The specific language in the Master Plan is as follows: A landmark provides a sense of orientation for the community, and reinforces ds "sense of place" or image. As such, it must be visible from key locations within the community, such as portals and major public spaces, and must offer an image consistenf with Lionshead. As a unique architectural element, a landmark should be designed to clearly stand out from the 1. 't. 2. t7 rest of the community, while still presenting a consisfenf design language. Care should be taken to provide a clear hierarchy between the village landmark and other, secondary Iandmarks. Landmarks are most successfu/ when they serve special functions such as bell towers, clock towers, monuments, or public aft, rather than being seff-seruing. Furthermore, they should be carefully scaled to the buildings adjacent to them, as well as to the overall scale of the urban village. Title 14 of the Town of Vail Zoning Code states that: Towers, spires, cupoloas, chimneys, flagpoles, and similar architectural features not useable as habitable floor area may extend above the height linit a distance of not more than twenty-five percent (25%) of the height limit nor more than . fifteen feet (15'). The proposed tower has a height of 112 feet, measures approximately 25 feet by 25 feet, and is located in close proximity to the intersection of the South Frontage Road and West Lionshead Circle. This revised proposal has reduced the height of the landmark tower a total of 8 feet from 120 feet depicted on the previous plans. The proposed architectural landmark tower does not contain any GRFA above the maximum height of 82.5 feet in height. Currently the feature is anticipated to be illuminated from the exterior with up lighting. At a height of 112feet the proposed tower is 14.5 feet (14.9Yo) taller than the maximum height of 97.5 feet identified in the Master Plan. The Planning and Environmental Commission does have the authority within the Master Plan in conjunction with the criteria found in Resolution 18, series of 2004, to allow for an architectural feature as proposed if the findings found below are made. It shall be the burden of the applicant to demonstrate to the satisfaction of the Town of Vail Planning & Environmental Commission following a recommendation from the Design Review Board that: The request for design deviations are in compliance with the purposes of the zone district; and The proposal which includes the design deviations is consistent with applicable elements of the Lionshead Redevelopment Master Plan; and The proposal which includes the design deviations does not have a significant negative effect on the character of the neighborhood; and 1. 3. 18 4. The proposal substantially complies with other applicable elements of the Vail comprehensive plan; and 5. The design deviation meets or exceeds the intent of the specific design standards as prescribed in Section 8.4; and, 6. A public benefit is achieved as a result of the design deviation; and, 7. The design deviation furthers the goals, objectives and purposes as stated in Sections 2.3,2.5 and 8.2 of the Lionshead Redevelopment Master Plan. Should the Planning and Environmental Commission choose to approve the application, staff recommends that the Commission make the following findings before granting a flexibility under lhe recommendations of the Lionshead Redevelopment Master Plan: 1. That the request for design deviations are in compliance with the purposes of the zone district; and 2. That the proposal which includes the design deviations is consistent with applicable elements of the Lionshead Redevelopment Master Plan; and 3. That the proposal which includes the design deviations does not have a significant negative effect on the character of the neighborhood; and 4. That the proposal substantially complies with other applicable elements of the Vail comprehensive plan; and 5. That the design deviation meets or exceeds the intent of the specific design standards as prescribed in Section 8.4; and, 6. That a public benefit is achieved as a result of the design deviation; and, 7. That the design deviation furthers the goals, objectives and purposes as stated in Sections 2.3, 2.5 and 8.2 of the Lionshead Redevelopment Master Plan. XI. NEXT STEPS The following is a tentative schedule of hearings dates at which the Planning and Environmental Commission (PEC) and the Design Review Board (DRB) will be asked to review, comment, and take action on the proposed Ritz-Garlton Residences: 19 . November 28, 2005, Planning and Environmental Commission final review.. December 7 and 21 ,2005, Design Review Board work sessions preparing for final review and approval. XII. STAFFRECOMMENDATION Staff and the applicant would request that the Planning and Environmental Commission tables the applicant's request to the November 28, 2005, hearing. XIII. ATTACHMENTS AttachmentA: Mcinity Map Attachment B: Reduced copy of the proposed revisions Attachment C: Response to the Criteria found in Resolution '18, Series of 20O4, provided by the applicant 20 =E L o q o Ol 3B Gi( ,Es +a !_E3 trE oa oE.oo EE?otj eEF o fi'; ll +rs.=tE9E b,!F +rJx \J lEs 6=6 .FRF JF.6 x.=fll e L l.1l OE ar- l-r!' 6 EP G'-E# +.o o tt o ).1, l- t\l () I N +, E o ? F o o o ? o E o o Attachment: A oT IL .n gt €F lt o ss FTF 1d v Fa ll (a '' (o aod co rr') eo =q+-€tn rn+J lr cn: .x ddl odg t4 td F 8 L. F-. ,-, 9'1, -,";1H;r |J.t ri |]t El ^./ | n ^')?s ?.- t+r .-H-r .\ ll n N X r\ Y Xtr X d \l ta V &49 e ,sl li Fr lr k-a t 'I .l I rrl dr'rr'1F EX <V /1F X{Vr-l '1'l I-F FF F] n k Attachment: B 'ru-, /,'t""...,' \'-\s ' ' " o o o o o o I I \ I I I RESOLUTION 18. SERIES OF 2004. REVIEW CRITERIA Two deviations to architectural design standards of the Lionshead Redevelopment Master Plan are proposed by the Ritz Residences. Flexibility to these standards is subject to review by the Planning and Environmental Commission (following a recommendation from the DRB). The two deviations to these standards are: "Secondary roofelements" in excess of500 sq. ft. The proposed building has a total roofarea ofapproximately 58,433 square feet and the proposed flat roofed portion of the structure is proposed to be approximately 8,364 square feet or 14.3o/o of the total roof area. Of this flat roof area approximately 3,909 sq. ft. will be rooftop terraces resulting in 4,454sq. ft. of flat roof, or 6.7Yo of the total roof area. The proposed roof plan depicts 26 separate flat roofed areas. Of these only five exceed 500 sq. ft. and these five areas range in size from 57 6 to 949 sq. ft. A number of these flat roofed areas accornmodate mechanical equipment. The overall roof desigr is predominantly a gable form along with portions of mansard roof. From the public domain the building will not "read" or be perceived as a "flat roofed" building. On November 2nd the DRB unanimously recommended approval of this proposed design. Landmark/Tower feature in excess of 82.5' The LHMP specifically encourages architectural landmark features as a means to define spaces and to create unique and creativebuilding forms in Lionshead. The Plan also states that the height of such features may exceed the allowable building height. The Plan does not specifu to what extent a landmark/tower may exceed allowable building height, but simply states approval is subject to the reviewing board. Proposed plans for the Ritz include a tower located at the main entry to the building. In addition to defining this entry the tower "anchors" the comer of the project and also establishes a landmark feature at the westem end of Lionshead. While the PEC has not taken formal action on the height of this tower, the Commission has indicated that a landmark feature is appropriate in this location. On November 2nd the DRB unanimously recommended approval ofthis proposed design. As measured to its peak the tower is 112 feet tall from existing grade and 97.5 feet from proposed finished grade. There is no habitable space above the maximum building height of 82.5 feet. RITZ CARLTON RESIDENCES Response to Design Deviation Criteria Attachment: C l.The request for desipn deviations are in compliance with the purposes of the zone district: and The purpose of the Lionshead Mixed Use I District is "to provide sites for a mixture of multiple-family dwellings, lodges, hotels,fractionalfee clubs, time shares, lodge dwelling units, restaurants, ffices, skier sewices, and commercial establishments in a clustered, unified development. . . . and to maintain the desirable qualities of the District by establishing appropriate site development standards". The Ritz Club Residences is comprised of multi-family dwellings which are in keeping with this stated purpose. Asidefrom the two proposed deviations the project is designed in conformance to established development standards, therebyfurthering the desirable qualities ofthe District and ensuring adequate light, air, open space, etc. The minor nature of the proposed deviations is such that the project is still very much in compliance with the purpose of the LHMU-I District. The orooosal which includes the desien deviations is consistent with applicable elements of the Lionshead Redevelopment Master Plan: and The Ritz was designed to conJbrm to applicable elements of the Master Plan and the LHUM-I zone district. The proposed building has been before the PEC on five occasions and to date the only outstanding issues pertain to these proposed deviations. This would imply that the overall project design is consistent with relevant elements of the plan. The proposal which includes the design deviations does not have a sienificant negative effect on the character ofthe neighborhood: and Flat roof areas are very limited and are located such that it is unlikely they will be visible to any significant extent from virtually anywhere. This is due to two factors -Jlat roofs comprise only a small portion ofthe total roofarea and in all cases theJlat roofportions ofthe building are on internal areas ofthe roof. The building will "read" as though it has a pitched roof. The flat roofed portion will have no significant negative impact to the neighborhood. The vast majority of the tower is below the maximum allowable building height of 82.5 feet. Portions of the tower above 82.5' are generally limited to the narrow spire. The location of the tower is such that it will orient primarily to the Frontage Road and to the VR Maintenance Yard. ll/hile the tower will be visible from the Vail Spa, it does not have a significant negative efect on neighborhood. 2. 3. RITZ CARLTON RESIDENCES Response to Design Deviation Criteria 4.The proposal substantially complies with other applicable elements of the Vail comprehensive plan: and The Town's Comprehewive Plan includes a wide variety of documents. One of the most recent plans and clearly the most relevant plan to consider in relation to this project is the Lionshead Redevelopment Master Plan. As described in item #2 above, the Ritz project is consistent with applicable elements of this plan. The design deviation meets or exceeds the intent ofthe specific design standards as prescribed in Section 8.4: and. The LHMP includes a vast number oJ design goals and objectives. One of these is to encourage the use of roofs to "provide visual cohesion to the urban fabric" and to ensure that "roofs are predominantly gables and hips, with sheds or Jlat roofs which cover more than 500 sS. ft." The Plan goes on to state that "secondary roofs that occur at logical breal<s in building massing may excced 500 sq. ft. While not specijically stated in the LHMP, it can be inferred that the intent of the limitation on flat roofs is to further the goal of having " predominantly gable roofs ". The proposed roof plan depicts 26 separate flat roofed areas. Of these only five exceed 500 sq. ft. and these five areas range in size from 576 to 949 sq. ft. From a quantitative standpoint the portion offlat roof that exceeds 500 sq. ft. is very insignificant. From a qualitative standpoint the flat roof portions of the building are innocuous. The proposed deviation clearly meets the intent ofSection 8.4 as it pertains to flat roofs. The LHMP specifically states that "landmark" building elements such as towers may exceed maximum building heights. The PEC has acknowledged that a tower in the location proposed is appropriate. The proposed height of the tower has been determined in order to establish an appropriate relationship with the rest of the building. In doing so the tower meets the specific design standards of Section 8.4. A nublic benefit is achieved as a result ofthe design deviation: and. The design deviations, while minor in nature are important elements of the proposed building. The screening feature, while exceeding the 82.5 building height limit, provides a signiJicant public beneJit by screening rooftop mechanical equipment. Virtually all of the flat roofed portions of the building that exceed 500 sq. ft. also serve as rooftop patios or locations for mechanical equipment - a public benefit is achieved by locating this equipment on the roof in lieu of ground level location. When considered in the context of the proposed building and in the context of the three parcels of the West Day Lot subdivision, approval oJ'the proposed deviations will result in an improved design solution which in turn qchieves a public bene/it consistent with the overall redevelopment ofLionshead. 5. 6. RITZ CARLTON RESIDENCES Response to Design Deviation Criteria 7. A major design goal of the LHMP is to establish "special landmarkfeatures". The design of the Riu includes a tower feature and in doing so addresses this design goal and provides a public benefit. The desisn deviation furthers the qoals. objectives and purposes as stated in Sections 2.3. 2.5 and 8.2 of the Lionshead Redevelopment Master Plan. Section 2.3 refers to broad policy objectives such as redevelopment, improved access/circulation, improved infrastructure and enhanced public revenues. Section 2.5 addresses broad urban design principles and Section 8.2 addresses the overall design intent for Lionshead. By virtue of the project's compliance with specifc relevant guidelines the Ritz furthers these broad goals and objectives. The two minor design deviations proposed by the Ritz Carlton Residences are itnportant elements ofthe overall building design as and such also serve to further the goals ofthe sections refened to above. RITZ CARLTON RESIDENCES Response to Design Deviation Criteria Ritz Carlton Residences West Day Subdivision lLot2 m,e 2,€3 o o November 2,2005 DRB Recommendation DESIGN REVIEW BOARD AGENDA November 2,2005 3:00 P.M. PUBLIC MEETING PUBLIG WELCOME PROJECT ORIENTATION / LUNCH - Community Development Department MEMBERS PRESENT MEMBERS ABSENT Sherry Donrard Pete Dunning Lynne Fritzlen Joe Hanlon Margaret Rogers SITE VISITS 1. Smead - 395 Mill Creek Circle 2. Hess - '1220 Ptarmigan Road 3. Snowstorm. LLC - 2009 Sunburst Drive 4. Debooy - 4022 Willow Way 5. Dantas - 1772 Alpine Drive 6. Vail Corp. - 728 West Lionshead Circle Driver: Warren 12:00pm 2:00pm PUBLIC HEARING - TOWN COUNCIL CHAMBERS 1. Smead Residence DRB05-0578 Final review of a minor alteration (landscaping changes) 395 Mill Creek Circle/Lot 19, Block 1, Vail Village Filing 1 Applicant: Ann Smead, represented by Fitz & Gaylord Landscaping ACTION: Tabled to November 16.2005 MOTION: Hanlon SECOND: Dorward 2. Dantas Residence DRB05-0568 VOTE:5-0-0 Elisabeth Conceptual review of new construction (single family residence) 1772 Alpine Drive/Lot 10, Vail Village West Filing 1 Applicant: Dantas Builders ACTION: Conceptual review, no vote 3. Hess Residence DRB05-0556 Warren Final review of change to approved plans (elevation changes) 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7 Applicant: Ronnie and Donald Hess, represented by Nedbo Construction ACTION: Denied MOTION: Hanlon SECOND: Dunning 3:00pm Matt Page 1 VOTE: 5-0-0 4. Snowstorm, LLC DRB05-0577 Final review of a minor alteration (landscaping) 2009 Sunburst Drive/Lot 15, Vail Valley Filing 3 Applicant: Snowstorm, LLC, represented by Nedbo Construction ACTION: Tabled to November 16, 2005 MOTION: Dunning SEGOND: Hanlon VOTE:5-0-0 5. Debooy Residence DRB05-0561 Final review of a minor alteration (roof) 4022 Willow Way/Lot 11, Bighorn Subdivision Applicant: Tom and Louise Debooy ACTION: Tabled to November 16, 2005 MOTION: Dunning SEGOND: Fritzlen VOTE:5-0-0 6. CMC Trust, Inc. DRB05-0581 Conceotual review of a residential addition 39964 Lupine Drive/Lot 1, Block 2, Bighorn Subdivision Addition 1 Applicant: Cecil Christensen ACTION: Tabled to November 16, 2005 7. Skarajunsky Residence DRB05-0582 Conceptual review of a residential addition 39968 Lupine Drive/Lot 1, Block 2, Bighorn Subdivision Addition 1 Applicant: Vinnie Skarajunsky ACTION: Tabled to November 16. 2005 Warren Bitl Bitl Bitl 8. VailCorp. DRB05-0497 Warren Final review of new construction (multi-family) 728 West Lionshead Circle/Lot 2, West Day Subdivision Applicant: The Vail Corp, represented by Jack Hunn ACTION: Fonrard a recommendation of approval to the Planning and Environmental Commission of deviations from the Lionshead Redevelopment Master Plan Architectural Design Guidelines. MOTION: Hanlon SEGOND: Donnard VOTE:5-0-0 Staff Approvals Showcase Snowboards DRB05-0557 Bill Final review of a sign 244Vtlall StreeULot 5C, Vail Village Filing 1 Applicant: Intrawest Retail Group, represented by Black Duck Builders Parliament Residence DRB05-0536 Matt Final review of changes to approved plans (roof design) 3241 Katsos Ranch Road/Lot 6, Block 1, Vail Village Filing 12 Applicant: Marvin and Casey Parliament Blivas Residence DRB05-0539 Matt Final review of a minor alteration (retaining walls) 1463 Greenhill CourULot 8, Glen Lyon Subdivision Applicant: Julie Blivas, represented by Landscape Technology Group Page2 Steinberg Residence DRB05-0558 Final review of a minor alteration (landscaping) 1022 Eagles Nest Circle/Lot 3, Block 6, VailVillage Filing 7 Applicant: Thomas and Florence Steinberg Talisman Condominium Association DRB05-0515 George Final review of a sign 62 South Meadow Drive/Lot l, Block 5E, Vail Village Filing 1 Applicant: Talisman Condominium Association, represented by Snowdon and Hopkins Architects, PC Byrne Residence DRB05-0540 Matt Final review of a minor alteration (concrete paver driveway) 2520 Bald Mountain Road/Lot 15, Block 3, VailVillage Filing 13 Applicant: Paula Byrne, represented by Ron Constien Mendik Residence DRB05-0527 Final review of a minor alteration (doors) 174 East Gore Creek Drive, Units 143 and 145/Lots A,B,C, Block 5C, Vail Village Filing 1 Applicant: Bernard Mendik, represented by Constien Builders, LLC VailViking Ltd. DRB05-0546 Matt Final review of changes to approved plans (color changes) 4916 Juniper Lane, Lot 4, Block 5, Bighorn Subdivision 5'Addition Applicant: Vail Viking Ltd., represented by Fdt/en Pierce Architects Ellis Residence DRB05-0517 Elisabeth Final review of a residential addition (windows) 302 Hanson Ranch Road/Lot l, Block 5A, Vail Village Filing 5 Applicant: Gail Ellis, represented by Snowdon and Hopkins Architects, PC Talisman Condominium Association DRB05-0516 George Final review of a minor alteration (traffic gate) 62 East Meadow Drive/Lot l, Block 5E, VailVillage Filing 1 Applicant: Talisman Condominium Association, represented by Snowdon and Hopkins Architects, PC D.E.l., LLP DRB05-0571 Matt Final review of a minor alteration (re-paint) 1765 Alpine Drive/Lot 33, Vail Village West Filing 1 Applicant: Don Gury Heaven's Spa DRB05-0559 Matt Final review of a minor alteration (door) 500 East Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 1 Applicant: Bob Lazier, represented by Jenny Ricca Bailey Residence DRB05-0580 Warren Final review of change to approved plans (landscaping changes) 1287 Yail Valley Drive/Lot 2, Block 3, Vail Valley Filing 1 Applicant: Gary and Brenda Bailey, represented by Land Designs by Ellison Warren Matt Page 3 Montano Residence DRB05-0572 Final review of a minor alteration (deck) Warren 1925 Sunburst Drive/Lot 10, VailValley Filing 3 Applicant Rufino and Margarita Vigil, represented by Darlene Montano Schulz Residence DRB05-0565 Warren Final review of a minor alteration (hot tub) 1798 Alpine Drive/Lot 13, Vail Village West Filing 1 Applicant: Edward Schulz, represented by Alpine Construction & Remodeling, Inc. l45VailRoad DRB05-0583 Joe Final review of a minor alteration (landscaping) 145 Vail Road/Lot 1, Mill Creek Subdivision Applicant: Lodge Properties, Inc. Drew Residence DRB05-0579 Elisabeth Final review of a minor alteration (hot tub) 1768 Alpine Drive/Lot 8, Vail Village West Filing 1 Applicant: Leah Drew Gohan Ya DRB05-0567 Elisabeth Final review of a sign 2'161 North Frontage Road/Lot 24, Block 3, Vail das Schone Applicant: West Vail Mall Corp. Interlochen Condominium Association DRB05-0574 Warren Final review of a minor alteration (deck) 2958 South Frontage Road/Lots 3 and 4, Block 5, Interlochen Condominiums Applicant: Interlochen Condominiums Association Hochtl Residence DRB05-0552 Warren Final review of a minor alteration (landscaping changes) 890 Red Sandstone Circle/Lot 5, Block 3, Vail Village Filing 9 Applicant: Kad and Christine Hochtl The Wren Association DRB05-0533 Warren Final review of a minor alteration (fence) 500 South Frontage Road/Unplatted Applicant: The Wren Association, represented by Andy Ford, manager Wl 104 LLC - Sevilla Residence DRB05-0588 Joe Final review of a minor alteration (windows) 68 Meadow Drive, Unit 104/Lot O, Block 5D, Vail Village Filing 1 Applicant: Wl 104 LLC - Sevilla, represented by Vail Home Rentals Vail International Gallery DRB05-0570 Elisabeth Final review of a sign 100 East Meadow Drive, #16 and 17llot O, Block 5D, VailVillage Filing 1 Applicant: Nico Vail, Inc., represented by Maria Levarn Page 4 Cohn Residence DRB05-0549 Final review of a minor alteration (decUfrench doors) 2456 Chamonix Lane/Lot 3, Block B, Vail das Schone Filing 1 Applicant: Craig B. Cohn Matt Denied 1082 Riva Glen Road LLC DRB05-0543 Bill Final review of a minor alteration (hot tub, flagstone patio) 1082 Riva Glen Road/Lot 3 Spraddle Creek Subdivision Applicant 1082 Riva Glen Road, LLC, represented by Stuart Smith The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356 Telephone for the Hearing lmpaired, for information. Page 5 TO: FROM: DATE: SUBJECT: MEMORANDUM Design Review Board Community Development Depa(ment November 2,2005 A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code; and final review of architectural deviations, pursuant to Section 8.3.3.4, Review Criteria for Deviations to the Architectural Design Guidelines for New Development, Lionshead Redevelopment Master Plan, to allow for the development of 107 multi- family residential dwelling units, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and setting forth details in. regard thereto. (PEC 05-0062 anb pec 05-o0e^' '' ^ \,",. ( K,-tr_ (-^rl1"t) Applicant: Vail Resorts Development Company, represented by Braun Associates, Inc.Planner: Warren Campbell il. SUMMARY The applicant, Vail Resorts Development Company, represented by Braun Associates, Inc., has submitted an application to allow for deviations from the Architectural Design Guidelines of the Lionshead Redevelopment Master Plan. Pursuant to Resolution 18, Series ot 2004, the Town of Vail Design Review Board is responsible for the review of such deviations and for fonvarding a recommendation to the Planning and Environmental Commission of approval, approval with modification/conditions, or denial of the proposed deviations. APPLICABILITY The proposed Ritz-Carlton Residences project is on the third and final parcel of the comprehensive development site encompassing the existing Marriott Hotel, the Gore Creek Residences, and the West Day Lot parking area. The West Day Lot parking area and the existing Marriott parking structure sites total 2.399 acres in size and is location of the proposed Ritz-Carlton Residences project. The proposed Ritz-Carlton Residences is located within the Lionshead Redevelooment Master Plan area and is zoned Lionshead Mixed Use I District. Therefore, the provisions of the Lionshead Redevelopment Master Plan's Architectural Design Guidelines are applicable to this proposed project. III. SUMMARY OF PROPOSED DEVIATIONS Chapter 2, lntroduction, Lionshead Redevelopment Master Plan (excerpts) 2.3 Policy Objectives The Town Council adopted six policy objectives on November 4, 1996 to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process. 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 2.3.3 Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds") through new lodging products. 2.3.4 lmproved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 2.3.5 lmproved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. 2.5 Urban Design Principles On November 4, 1996, the Town Council adopted the following set of urban design principles to guide the development of the master plan: 1. Connect Lionshead physically and visually to the mountain landscape. 2. Make people physically and emotionally comfortable in Lionshead. 3. Provide a sense of arrival to demarcate the Lionshead district. 4. Create landmarks and turning points to guide people through the area and make it memorable. 5. Provide gates and portals to help define the sequence of public spaces and places. 6. Define appropriate land uses adjacent to outdoor spaces. Chapter 8, Architectural Design Guidelines, Lionshead Redevelopment Master Plan (excerpts) 8.1 Vision Statement The Lionshead neighborhood in Vail presents the opportunity to establish a dynamic and exciting community within one of the premier resorts in the world. Lionshead's mountain location, proximity to the ski slopes, and ample residential base evokes the vision of a truly special place, full of vitality and interest. This vision can be achieved through redevelopment of the community by addressing site and architectural issues, and through consistent and effective transitions from existing to new buildings. The pedestrian experience of the public spaces within Lionshead is the most critical issue for redevelopment. Many of the existing spaces are static and uninteresting, due to a prevailing grid organization and lack of animation and architectural coherency within the spaces. One of the most effective ways to intensify this experience is through careful design of the architecture which defines the public spaces. Visually dynamic variation at the pedestrian level can help avoid a monotonous streetscape, and judicious use of ornament, detail, artwork, and color can reflect individuality and establish a variety of experience. The architecture of Lionshead is envisioned as a unified composition of buildings and public spaces based on the timeless design principles of form, scale, and order, made responsive to their setting and environment. It is not envisioned as a strict dictation of a specific "style" or "theme." Many existing buildings within the community are built of monolithic concrete slabs and lack any sense of order or personality. The new image for Lionshead should move towards the future-using historical alpine references and Vail Village as antecedents. This design framework will allow individual property owners freedom of expression within the personalities of their buildings while establishing and maintaining an overall unifying character and image for the entire community. In addition, it is paramount that the redevelopment effort address specific design considerations generated by the location, climate, and surrounding environment, such as addressing views, using indigenous building materials, and reflecting the alpine heritage. Designing in response to our regional heritage, adhering to a consistent architectural order, and enhancing the public experience will enable Lionshead to define its own identity-making it a distinct and special place not just within the context of Vail, but within kindred mountain communities around the world. 8.2 Organization, Purpose and Scope The purpose of the Lionshead Architectural Design Guidelines (ADG) is to work in concert with the Lionshead Master Plan to enhance the existing experience within the community, improve the quality of life, focus direction for future groMh, create visual harmony, and improve property values for businesses and homeowners. This document constitutes a design philosophy for the community, which when integrated with the Lionshead Master Plan, helps to establish Lionshead as a coherent, dynamic village with a true "sense of place." These Guidelines are intended to direct the growth of the community through distinct levels of perception, from views of the neighborhood from the mountain and the highway, to perceptions within its pedestrian streets, to the detail level of artistry and ornamentation on the structures themselves. 8.3.3. A Review Criteria for Deviations to the Architectural Design Guidelines for New Development Similar to the implementation policies of the ADG prescribed for existing structures, the Town has determined that there may be instances where flexibility in requiring strict compliance with the Guidelines for new development maybe in the best interest of the community and the furtherance of the goals and objectives stated in the Lionshead Redevelopment Master Plan. That said, however, it is acknowledged that such instances are rare and extraordinary, and shall be considered on a case-by-case basis. To aid in determining when flexibility shall be afforded to new development from strict compliance with the Guidelines, review criteria have been established. The degree of design deviation flexibility afforded to a development project shall bear proportionately to the extent of the improvements proposed. For example, a development application that proposes the construction of a new structure which includes the demolition of an existing structure or adds significant volume or mass to a property, shall more fully comply with the prescribed Architectural Design Guidelines outlined in the master plan than an application which proposes a renovation or addition to an existing building. The following criteria shall be used by the Town of Vail Planning & Environmental Commission and Design Review Board to determine if deviations to the Guidelines should be granted: It shall be the burden of the applicant to demonstrate to the satisfaction of the Town of Vail Planning & Environmental Commission following a recommendation from the Design Review Board that: The request for design deviations are in compliance with the purposes of the zone district; and The proposal which includes the design deviations is consistent with applicable elements of the Lionshead Redevelopment Master Plan; and The proposal which includes the design deviations does not have a significant negative effect on the character of the neighborhood; and The proposal substantially complies with other applicable elemenls of the Vail comprehensive plan; and The design deviation meets or exceeds the intent of the specific design standards as prescribed in Section 8.4; and, . A public benefit is achieved as a result of the design deviation; and. r The design deviation furthers the goals, objectives and purposes as stated in Sections 2.3, 2.5 and 8.2 of the Lionshead Redevelopment Master Plan. 8.4.1.2 Building "Roles" Landmarks A landmark provides a sense of orientation for the community, and reinforces its "sense of place" or image. As such, it must be visible from key locations within the community, such as portals and major public spaces, and must offer an image consistent with Lionshead. As a unique architectural element, a landmark should be desiqned to clearlv stand out from the rest of the communitv. while still presentinq a consistent desiqn lanquaqe. Care should be taken to provide a clear hierarchy between fhe village landmark and other, secondary landmarks. Landmarks are most successful when they serve special functions such as bell towers, clock towers, monuments, or public art, rather than being self-serving. Furthermore, they should be carefully scaled to the buildings adjacent to them, as well as to the overall scale of the urban village. 8.4.2.3 Building Height Additional Requirements/Exceptions All buildings, regardless of permitted building heights and massing principles, shall conform to all established Public View Corridors (see Lionshead Master Plan). Special "landmark" buildinq elements. such as chimnevs. towers, or other unique architectural forms. mav exceed the Absolute Maximum Heioht. subiect to approval bv the reviewinq board. This orovision is intended to provide for architectural creativitv and qualitv of buildino form. and shall not be used as a means of circumventinq the intent of the buildinq heiqht limitations. ln addition, regardless of final built height, buildings shall avoid monotonous, unbroken ridge lines, and shall provide visual interest through the use o of varied peak heights, roof forms, gables, and other appropriate architectural techniques. Title 14 of the Town of Vail Zoning Code states that: Towers, spires, cupoloas, chimneys, flagpoles, and similar architectural features not useable as habitable floor area may extend above the height limit a distance of not more than twenty-five percent (25%) of the height limit nor more than fifteen feet (15'). DEVIATION #1: The proposed Ritz-Carlton Residences includes an architectural landmark tower measuring 112 feet. The definition of a architectural projection as found in Title 14 of the Town Zoning Code would allow an architectural element, such as the proposed tower, to proiect above the maximum allowable height of 82.5 feet to a height of 97.5 feet. Staff Comment: The Lionshead Redevelopment Master Plan identifies the importance of architectural landmark elements within the study area. Through several work session with the Planning and Environmental Commission the height of the architectural landmark tower has been reduced in height to be more in keeping with neighboring properties and the scale of the proposed structure. Staff believes this deviation complies with the seven review criteria. 8.4.2 Architecture 8.4.2.1 lntroduction The architectural portion of these Guidelines is intended to provide a unified, conceptual framework using historical alpine references. lt is imperative that the redevelopment effort address specific architectural design considerations generated by the location, climate, and surrounding environment-such as addressing views, using indigenous building materials, and reflecting the alpine heritage. However, within this framework, the architectural language of buildings within Lionshead should strive to reinterpret its heritage and look to the future, instead of simply mimicking the past. 8.4.2.7 Roofs General In keeping with the spirit of the area's mountain architecture, primary roofs within Lionshead are to be predominantly gables and hips, with . sheds or flat roofs permitted at smaller, secondary roofs. Primary roofs are defined as roofs which cover more than 500 SF of roof area, while secondary roofs are those which cover 500 SF of roof area or less. Secondarv roofs which occur at loqical breaks in buildino massino mav exceed 500 SF if the oeneral intent of fraqmented forms and visual harmonv is met. Free-standing sheds and butterfly roofs are not permitted. Mansard roofs are permitted on buildings where pitched roofs would be impractical, if the mansards are of similar form, pitch, material, color, and detail to other roofs within the community (and identified within these Guidelines). lf used, these types of roofs should be considerate not only of views from the pedestrian street, but also those from the ski mountain. To this end. areas of flat roof within the slopes of the mansard shall be limited to the practical minimum, and the materials for the flat roof shall be black or in a color to blend with the sloped roof. In addition, rooftop equipment within the flat areas shall be painted to blend with the roof material (see "Miscellaneous Equipment" Section to follow). The overall image for Lionshead takes its cue from the simple, fragmented, gabled roof forms of European alpine villages, where views of the roofscapes from the mountains are paramount. All new construction shall comply with the following roof criteria. Substantial expansions and renovations shall also adhere to these Guidelines, along with the remaining portions of the building which are not being expanded or renovated (see exceptions above, in Sections 8.3.1, 8.3.4.2, and later in this Section). Roof framing shall be expressed wherever possible, particularly through exposed ridge beams, outriggers, rafter tails, and fascia boards. DEVIATION #2: The proposed Ritz-Carlton Residences roof includes a several flat roofed areas which exceed the 500 square foot limitation on secondary roof forms. Staff Comment: On October 19, 2005, staff spoke directly with Jack Zehren regarding the intent of Section 8.4.2.7, Roofs, and what the design goal/intent was of limiting flat roofed portions of buildings to 500 square feet. Through conversation it was learned that a draft prior to the approved Master Plan identified a maximum of 250 square feet for flat roofs. He continued by stating that the number of 500 square feet was arbitrary and that the goal/intent was to allow for larger buildings which have complex roof systems to utilize the flat roofed areas as "transitions" between the complicated systems. He stated that it was the understood during the drafting of the Master Plan that some structures would have multiple flat roofed areas located on larger buildings which might total more that 500 square feet. He conclude by stating that the writers of the Master Plan realized that some flat roofed areas may exceed 500 square feet, however, if those flat roofed areas did not disrupt the overall roof system and architecture they could be approved per the following statement from the Master Plan: Secondary roof forms which occur at logical breaks in building massing may exceed 5(N square feet if the general intent of fragmented forms and visual harmony is met. Staff believes the deviation from this guideline is necessary for an aftractive implementation of the proposed architectural style. Staff believes this deviation complies with the seven review criteria. tv.CRITERIA AND FINDINGS It shall be the burden of the applicant to demonstrate to the satisfaction of the Town of Vail Planning & Environmental Commission following a recommendation from the Design Review Board that: 1. The request for design deviations are in compliance with the purposes of the zone district; and 2. The proposal which includes the design deviations is consistent with applicable elements of the Lionshead Redevelopment Master Plan; and 3. The proposal which includes the design deviations does not have a significant negative effect on the character of the neighborhood; and 4. The proposal substantially complies with other applicable elements of the Vail comprehensive plan; and 5. The design deviation meets or exceeds the intent of the specific design standards as prescribed in Section 8.4; and, 6. A public benefit is achieved as a result of the design deviation; and, 7. The design deviation furthers the goals, objectives and purposes as stated in Sections 2.3, 2.5 and 8.2 of the Lionshead Redevelopment Master Plan. STAFF RECOMMENDATION Staff is recommending approval of the proposed deviations from the Lionshead Redevelopment Master Plan's Architectural Design Guidelines. Should the Design Review Board choose to approve the proposed deviations from the Architectural Design Guidelines of the Lionshead Redevelopment Master Plan, Staff recommends the Board make following motion: "The Design Review Board forwards a recommendation of approval to the Planning and Environmental Commission for proposed deviations from the Architectural Design Guidelines of the Lionshead Redevelopment Master Plan to allow for a new conference center, subject to the following findings: 1. That the request for design deviations are in compliance with the purposes of the zone district; and 2. That the proposal which includes the design deviations is conslsfenf wifh applicable elements of the Lionshead Redevelopment Master Plan; and 3. That the proposal which includes the design deviations does not have a significant negative effect on the character of the neighborhood; and v. ?J}-f,^f-" [^J^^i" c N,tLA*r 6. 7. That the proposal substantially complies with other applicable elements of the Vail comprehensive plan; and That the design deviation meets or exceeds the intent of the specffic design sfandards as prescribed in Section 8.4; and, That a public benefit is achieved as a result of the design deviation; and, That the design deviation furthers the goals, objectives and purposes as stated in Secfions 2.3, 2.5 and 8.2 of the Lionshead Redevelopment Master Plan." 4. nr w\N& \l)g- Mff* A'^"t l^,^r)r,,rilt ^L,*,J,J -)uu ^4 ry*A N',\*^dJ ob- 5-o-0 +, Qeo 1r./.(l t r(.Tl XI X X \os o\troc -I\9rl V aod +to \o '--w^.@ro rnO H-r U): Y\c 3i 14 H at rrl F F--,, I-r <8 <r-l <! t.l lrt !a |rt ?s a AX n ePe k€< rrl <{tr. rrl i{4x <Y nr-XS \Z l-l r-l rl FF FF r4 t'\ F itQi ,' I i\ \ \ \ \ \ -,/' /\o o o o o December 24,2005 PEC Memorandum TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department October 24,2005 A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town il. Code, and a final review of a conditional use permit,pursuant to Section 12-7H-2. Permitted and Conditional Uses: Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code; and final review of architectural deviations, pursuant to Section 8.3.3.A, Review Criteria for Deviations to the Architectural Design Guidelines for New Development, Lionshead Redevelopment Master Plan, to allow for the development of 107 multi- family residential dwelling units, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and setting forth details in regard thereto. (PEC 05-0062 and PEC 05-0063). Applicant: Vail Resorts Development Company, represented by Braun Associates, Inc.Planner: Warren Camobell SUMMARY The purpose of today's work session hearing with the Planning and Environmental Commission is to allow the applicant an opportunity to present the changes which have been made to the application in response to comments from the previous meeting. The desired outcome of the hearing is for the Planning and Environmental Commission to understand the following: . The proposed structure in terms of bulk, mass, height, and operation.e The criteria by which the applicant is requesting flexibility regarding the area of flat roof on the structure and the proposed the architectural mechanical screening solution. The Commission is not being asked to take any formal action on this application at this time. As such, staff is not providing a formal recommendation at this time. Staff and the applicant request that the Planning and Environmental Commission tables the applicant's request to the November 14, 2005, hearing. lt is anticipated that the applicant will request a final approval at the November 14, 2005, Planning and Environmental Commission hearing. DESCRIPTION OF THE REQUEST The purpose of today's work session hearing with the Planning and Environmental Commission is to allow the applicant an opportunity to present the changes which have been made to the application in response to comments from the previous meeting. After the presentation the Planning and Environmental Commission will be asked to provide additional feedback regarding the revisions to the proposal. The proposed Ritz-Carlton Residences project is on the third and final parcel of the comprehensive development site encompassing the existing Marriott Hotel, the Gore Creek Residences, and the West Day Lot parking area. The West Day Lot parking area and the existing Marriott parking structure sites total 2.399 acres in size and is location of the proposed Ritz-Carlton Residences prolect. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). A reduced set of revisions are attached for reference (Attachment B). The Ritz-Carlton Residences proposal is comprised of two (2) different development review applications. Each application is intended to facilitate the redevelopment proposal. The development applications include: o A maior exterior alteration aoplication for a new 107 multiple- family dwelling unit structure; and r A conditional use oermit application ior "lodge rooms or dwelling units" located on the basement or garden level and the first floor or street level of the structure. The key elements of the proposal include: . A 107 multiple-family dwelling unit condominium structure;r A total of 212,695 square feet of Gross Residential Floor Area (GRFA);. A 388 space below grade parking structure to serve as parking for the Marriott Hotel and the Ritz-Carlton Residences:o A landmark feature which is 120 feet in height;o A loading and delivery facility comprised of three bays;. A lobby/lounge area with a front desk, concierge, and valet; and . A media room, game room, and pool/hot tub deck. III. BACKGROUND The subject development site includes several parcels of land currently used for the Marriott Hotel, the parking structure for the Marriott Hotel, the Gore Creek Residences, and the West Day Lot. Marriott Hotel History (Parcel 1 of the West Day Subdivison) The Marriott (previously "The Mark") was approved by the Town in 1977 as a hotel and condominium project and was zoned Special Development District No. 7 by Ordinance 3, Series ot 1977. The project was expanded and modified throughout the 1980's and 1990's. In 1999 the Marriott property, along with the rest of Lionshead, was rezoned to Lionshead Mixed Use 1 and SDD No. 7 was repealed. The Marriott as developed today includes 35 dwelling units, 276 hotel rooms, meeting rooms, a restaurant. and other hotel amenities. West Day Lot History (Parcel 2 of the West Day Subdivision) The western portion of the site (the Morcus Subdivision), known as the "West Day Lot", was regraded and used for Vail Resorts employee parking. Prior to the rezoning of this parcel to Lionshead Mixed Use 1 in 1999, the property was zoned Parking District. On August 22, 2005, the Planning and Environmental Commission held an initial hearing on the Ritz-Carlton Residences. At that hearing Staff proved the Commission with parameters by which the prolect would be reviewed. At this hearing the Commission requested to see how the parcels recently acquired by Vail Associates and the potential of relocating the Frontage Road would affect this property. ln addition the Commission asked for a response as to why a conditional use permit was appropriate to be granted for condominiums on the ground floor next to a potential future lift and within an overall greater portal to the mountain being created in western Lionshead. On September 12, 2005, the Planning and environmental Commission exDressed that there were no concerns with the Conditional Use Permit that was being request for dwelling units on the first floor or garden level. The Commission continued by expressing concern regarding the height of the landmark tower. The general consensus was that a height of 140 feet was inappropriate. In addition, the Commission stated that the height of the screening element for the mechanicals had not been justified in the presentation and other options should be examined. The Commission was not comfortable with approving the height of the screening element over the maximum height of 82.5 feet. Finally the Commission expressed that they would like greater information regarding the flat roof maximum area requirement found in the Lionshead Redevelopment Master Plan. Several members expressed a need for the western elevation along the Frontage Road to have step backs incorporated into the architecture. On September 26, 2005, The Planning and Environmental Commission generally expressed that of the three Options/Alternatives presented that that Option/Alternative B was preferable to Option/Alternative C. The Commissioners generally felt that while Option/Alternative B incorporated the mechanical screening solution which exceeds the maximum height, it does not result in additional head height in the top floor units as in Ootion/Alternative C. Some concerned was exoressed about how mechanical screening which exceeds the maximum height could be limited and controlled so as not to be abused on future projects. One thought expressed was to have more specific language in the Master Plan to address screening of mechanical units. Some members believed that enough regulations, or safeguards, were in place to insure that mechanical screening abuse would not occur on other projects as they would need to pass PEC and DRB review. For instance, the applicant was directed to provide a sample of the mechanical screening material, look at incorporating roof-top terraces, and examine the possibility of creating a more "cascading roof effect" on the southeast elevation. On October 10, 2005, the Planning and Environmental Commission gave direction to the applicant regarding the proposed architectural deviations. The Commission in general felt the proposed landmark tower was still too tall at 120 feet and that there were concerns with the height of the architectural screening solution for the mechanicals. The Commission was relatively comfortable with the flat roof area of the building, however, they directed staff to call Jack Zehren, of Zehren and Associates, one of the individuals who participated in the writing of the Lionshead Redevelopment master Plan. On October 19, 2005, staff spoke directly with Jack Zehren regarding the intent of Section 8.4.2.7, Roofs, and what the design goal/intent was of limiting flat roofed portions of buildings to 500 square feet. Through conversation it was learned that a draft prior to the approved Master Plan identified a maximum of 250 square feet for flat roofs. He continued by stating that the number of 500 square feet was arbitrary and that the goal/intent was to allow for larger buildings which have complex roof systems to utilize the flat roofed areas as "transitions" between the complicated systems. He stated that it was the understood during the drafting of the Master Plan that some structures would have multiple flat roofed areas located on larger buildings which might total more that 500 square feet. He conclude by stating that the writers of the Master Plan realized that some flat roofed areas may exceed 500 square feet, however, if those flat roofed areas did not disrupt the overall roof system and architecture they could be approved per the following statement from the Master Plan: Secondary roof forms which occur at logical breaks in building massing may exceed 500 square feet if the general intent of fragmented forms and visual harmony is met. Gore Creek Residences History (Parcel 3 of the West Day Subdivision): On November 24, 2003, the Planning and Environmental Commission approved text amendments to Section 12-7H-5, Conditional Uses; Generally (on all levels of a building or outside a building), Vail Town Code, to allow single-family residential dwellings and two-family residential dwellings as conditional uses in the Lionshead Mixed Use 1 District and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to provide criteria to which a single-family and two-family residential dwelling proposal within the Lionshead Mixed Use 1 District must adhere. The text amendments were subsequently approved by Town Council upon second reading in Ordinance 36, Series of 2003, on December 16. 2003. On June 28, 2004, the Planning and Environmental Commission approved, with conditions, a conditional use permit and a major exterior alteration application on this site for eight two-family structures for a total of 16 dwelling units. On December 13, 2004, the Planning and Environmental Commission approved a minor subdivision establishing the West Day Subdivision tv. (Attachment D) which is comprised of three parcels. The approval and recording of the West Day Subdivision was the culmination of the review of the Gore Creek residences during which it was agreed that the three lots comprising the West Day Subdivision would be tied together for zoning purposes. A note was placed upon the West Day Subdivision which states the following: "For the purposes of zoning, Lots 1, 2, and 3, created by this subdivision are to be treated as one development site. Development standards shall be based upon the improvements and land area of the combined area of Lots 1, 2, and 3." As a part of the approval of the West Day Subdivision, a spreadsheet identifying the development potential for each of the three parcels was approved in conjunction with the minor subdivision. That spreadsheet, was entitled, "West Day LoUMarriott Hotel/Gore Creek Place Approved Development Plan/Development Allocations", and dated December 6, 2004. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning and Environmental Commission, Town Council, and Staff on the various applications submitted on behalf of Vail Resorts Development Company. A. Exterior Alteration/Modification in the Lionshead Mixed-Use I zone district Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use/development and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval/denial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, buibing bulk and mass, site improvements and landscaping." Design Review Board: Action: The Design Review Board has no review authority on a Major or Minor Exterior Alteration, but must review any accompanying Design Review Board application. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with o the design guidelines. Staff provides a staff memo 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: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board ened with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. B. Gonditional Use Permit (CUP) Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for acceptability of use and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval/denial of CUP. The Planning and Environmental Commission shall review the request for compliance with the adopted conditional use permit criteria and make findings of fact with regard to the project's compliance. Design Review Board: Action: The Design Review Board has no review authority on a CUP, but must review any accompanying Design Review Board application. Sfaff; The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo 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: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board ened with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. V. APPLICABLE PLANNING DOCUMENTS The following checklist was created to provide a means of evaluating the Ritz- Carlton Residences proposal for compliance with the Lionshead Redevelopment Master Plan. The checklist is intended for the Planning and Environmental Commission to use in conjunction with their copies of the Lionshead Redevelopment Master Plan to locate relevant portions of the Master Plan which pertain to this proposal. Lionshead Redevelopment Master Plan Chapter 2: Introduction a 2.1 Purpose of the Master Plan o 2.2 Definition of a Master Plan o 2.3 Policy Objectives a 2.3.1 Renewal and Redevelopment o 2.3.2 Mtality and Amenities o 2.3.3 Stronger Economic Base Through Increased Live Beds o 2.3.4lmproved Access and Circulation o 2.3.5 lmproved Infrastructure o 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues Chapter 4: Master Plan Recommendations - Overall study Area s 4.1 Underllng Physical Framework of Lionshead o 4.1.1 Lionshead Master Plan Concept o 4.1.5 West Lionshead - Residential/Mixed-Use Hub o 4.3 Connections to the Natural Environment o 4.3.1 Visual Connections o 4.3.1.2 North-South Orientation of Buildings o 4.6 Vehicular and Pedestrian Circulation o 4.6.4 Modifications to West Lionshead Circle and Lionshead Place o 4.6.4.1 East Intersection of W. Lionshead Circle and South Frontage Road a 4.6.4.2 Intersection of Lionshead Place and West Lionshead Circle o 4.6.4.3 Pedestrian Sidewalks and Crossings s 4.6.4.4 Visual lmprovements s 4.7 Loading and Delivery a 4.7.1 Properties with Direct Service Access o 4.8 Parking B 4.8.1 Potential Displacement of Existing Parking o 4.8.1.2 West Day Lot o 4.8.2 Residential Properties o 4.9 Housing o 4.9.1 No Net Loss of Employee Housing o 4.9.3 Policy Based Housing Opportunities o 4.10 Gateway, Landmarks, and Portals a 4.10.2 Landmarks s 4.11 Public Art Chapter 5, Detailed Plan Recommendations o 5.13 The Marriott o 5.13.1 Redevelopment or Development of the Parking Structure u 5.17 West Day LoU VailAssociates Service Yard/ Holy Cross Site Chapter 6, Site Design Guidelines o 6.4 Secondary Pedestrian Walk o 6.6 Pedestrian Path Chapter 8, Architectural Design Guidelines o 8.1 Vision Statement o 8.2 Organization, Purpose and Scope o 8.4.2 Architecture s 8.4.2.1 Introduction o 8.4.2.2 Building Form and Massing g 8.4.2.3 Building Height a 8.4.2.4 ExteriorWalls q 8.4.2.7 Roofs Resolution 18. Series of 2004: A Resolution Amendino Certain Sections Of The Lionshead Redevelooment Master Plan Clarifvinq And Affordino ALL Tvoes Of Develooment Proiects. 'New And Redevelopmenf i Flexibilitv In The Application Of The Architectural Desiqn Guidelines. As Prescribed In Chaoter 8 Of The Lionshead Redevelooment Master Plan. And Settinq Forth Details In Reqard Thereto. 8.3.3.A Review Criteria for Deviations to the Architectural Design Guidelines for New Development Similar to the implementation policies of the ADG prescribed for existing structures, the Town has determined that there may be instances where flexibility in requiring strict compliance with the Guidelines for new development maybe in the best interest of the community and the fuftherance of the goals and objectives stated in the Lionshead Redevelopment Master Plan. That said, however, it is acknowledged that such instances are rare and extraordinary, and shall be considered on a case-by-case basis. To aid in determining when flexibility shall be afforded to new development from strict compliance with the Guidelines, review aiteria have been esfablbhed. The degree of design deviation flexibility afforded to a development project shall bear proportionately to the ertent of the improvements proposed. For example, a development application that proposes the construction of a new structure which includes the demolition of an existing structure or adds significant volume or mass to a property, shall more fully comply with the prescribed Architectural Design Guidelines outlined in the master plan than an application which proposes a renovation or addition to an existing building The following criteria shall be used by the Town of Vail Planning & Environmental Commission and Design Review Board to determine if deviations to the Guidelines shou/d be granted: It shall be the burden of the applicant to demonstrate to the satisfaction of the Town of Vail Planning & Environmental Commission following a recommendation from the Design Review Board that: . The request for design deviations are in compliance with the purposes of the zone district; and c The proposal which includes fhe des,gn deviations ls consstenf with applicable elements of the Lionshead Redevelopment Master Plan; and t The proposal which includes fhe deslgn deviations does not have a significant negative effect on the character of the neighborhood; and o The proposal substantially complies with other applicable elements of the Vail comprehensive plan; and The design deviation meets or exceeds the intent of the specific design standards as prescribed in Section 8.4; and, A public benefit is achieved as a resu/f of the design deviation; and, The design deviation furthers the goals, objectives and purposes as sfafed i'7r Secflons 2.3. 2.5 and 8.2 of the Lionshead Redevelopment Master Plan. Zonino Requlations Lionshead Mixed Use - 1 Zone District (in part) 12-7H-1: PURPOSE: The Lionshead Mixed Use-l zone district is intended to provide slfes for a mirture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier seruiceg and commercial establishments in a clustered, unffied development. Lionshead Mixed Use 1 zone district, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permifted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is fo creafe an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include rncreases in allowable gross resrdential floor area, building height, and density over the previously esfab/rshed zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment congsfenf with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any developmenUredevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: sfreefscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL:A. Definition: The 'basement' or'garden level' shall be defined as that floor of a building that is entirely or substantially below grade. B. Permitted Uses; Ihe following uses sha// be permifted in basement or garden levels within a structure: Banks and financial institutions. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recritation facilities. Retail establ ish ments. Skier ticketing, ski school, skler serviceg and daycare. Travel agencies. Additional uses determined to be similar to permifted uses described ln fhrs subsecflon, in accordance with the provisions of Secflon 1 2-3-4 of this Title. C. Conditional Uses; The following uses sha// be permifted in basement or garden levels within a structure, subject fo issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Major arcade. l0 Muftiple-hmily residential drelling unib, time-share units, ftactional fee clubs, lodge dwelling units, and employee housing units (Type lll (EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops. Theaters. Additional uses determined to be similar to conditional uses described ln fhrs subsection, in accordance with the provisions of Sectrbn 12-34 of this Title. 12-7H-3: PERMITTED AND CONDITIONAL USES; F/RSI FLOOR OR SIREET LEVEL: A. Definition: The 'first floor" or 'street level" shall be defined as fhaf floor of the building that is located at grade or street level along a pedestrianway. B. Permifted Uses.' fhe following uses sha// be permifted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Eating and drinking establishments. Recre ation f acil iti e s. Refail sfores and establishments. Skier ticketing, ski school, skler serulces, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses descrlbed rn fhis subsection, in accordance with the provisions of Section 12-3- 4 of this Title. C. Conditional Uses.' The following uses sha// be permifted on the first floor or street level floor within a structure, subject fo lssuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-hmily residential dwelling units, time-share units, ftactional fee clubs, lodge dwelling units, and employee housing units (Type lll (EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops. Additional uses determined to be similar to conditional uses described in fhis subsection, in accordance with the provisions of Secfion 12-3-4 of this Title. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permifted lJses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. 11 o o Multiplehmily residential dwelling unib, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type lll (EHU) as provided in Chapter 13 ot this Title). Additional uses determined to be similar to permitted uses descrbed ln fhls subsection, in accordance with the provisions of Section 12-3- 4 of this Title- 1 2-7 H-6: ACCESSORY USES; The following accesso{y uses sha// be permifted in the Lionshead Mixed Use 1 zone district: Home occupations, subject fo rssuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcade. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor dining areas operated in conjunction with permifted eating and drinking establishments. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permifted residential or lodge uses. Other uses customarily incidental and accessory to permifted or conditional uses, and necessary for the operation thereof. 1 2-7H-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed erterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is conslsfent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. 12-7H-18: MITIGATION OF DEVELOPMENT IMPACTS: Property owner{developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. lmpacts may be determined based on reports prepared by qualifted consultants. The ertent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian wallanay improvements, sfreefscape improvements, stream tracUbank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopmenUdevelopment projects which produce substantial off site impacts. t2 vt.ZONING ANALYSIS Address/Legal Description: Parcel Size: Zoning: Land Use Designation: Lot Area: Setbacks All Sides: Building Height: Density: GRFA: Site Coverage: Landscape Area: Parking: 720 and 728, West Lionshead Circle, and 825 West Forest Road/Lots 1, 2, 3, West Day Subdivision 6.82 acre (297,165 sq. ft.) Lionshead Mixed Use 1 Resort Accommodations and Services The West Day Lot Development is comprised of three parcels which include the existing Marriott Hotel and the 16 Gore Creek Place Residences, and the proposed Ritz-Carlton Residences. As was stated previously in the memorandum these three parcels are tied together and treated as one large development site by the recorded plat. Below is a zoning analysis which incorporates all three parcels and the developments which exist, are under construction, and are proposed on the three lots. This analysis will become a part of the Approved Development Plan for the three parcels included within the West Day Lot Development Site. Develooment Standard Allowed Existino Land Uses: Lotl*ManiotHotel Lot 2 - West Day Lot and Marriott Hotel Parking Structure Lot 3 - Gore Creek Residences Prooosed 10,000 sq. ft. 10 ft. 71 ft. avg. 82.5 ft. max 742,912 sq. ft. 208,015 sq. ft. (7OVo) 297,165 sq. ft. 10 ft. 70 ft. avg. 80.5 ft. max 213,239 sq. ft. 148,076 sq. ft. (4e.8%) 297,165 sq. ft. 10 ft. 67.9 ft. avg. 82.5 ft. max 158 DU (23.1|ac.) 276 AU 425,934 sq. ft. 203,234 sq. ft. (68.4%) 238 DUs (35/ac.) 51DU (7.5/ac.) Unlimited AUs 276 AU 59,433 sq. ft. (200lo) 139,713 sq. ft. (41%) 119,772sq. ft. (40.3%) 156 (1.4/DU) 276 (0.7tAU) 412 spaces 498 spaces The following analysis is performed solely on the site proposed to be the location of the Ritz-Carlton Residences. Address/LegalDescription: 728 West Lionshead Circle/Lot 2 West Day Subdivision ParcelSize: 2.399 acre (104,500 sq. ft.)Zoning: Lionshead Mixed Use 1 Land Use Designation: Resort Accommodations and Services l3 DevelopmentStandard Allowed Land Usss: Lot Area: Setbacks All Sides: Building Height: Density: GRFA: Site Coverage: Landscape Area: Parking: Existinq Lot 2 - West Day Lot and Marrioft Hotel Parking Structure 10,000 sq. ft. 10 ft. 71ft. avg. 82.5 ft. max 83 DUs (35/ac.) Unlimited AUs 261,250 sq. ft. 73,150 sq. ft. (70Yo) 104,500 sq. ft. NA NA NA Proposed 104,500 sq. ft. 10 ft. 66.4 ft. avg. 82.5 ft. max 107 DU (44.61ac.) 212,695 sq. ft. 77,760 sq. ft. (74.4Vo) 25,060sq. ft. (23.9Yo) 388 spaces* NA NA 20,900 sq. ft. (20%) NA 145.6 (1.4/DU) NA * Of the parking proposed to be provided 146 spaces will serve the Ritz-Carlton Residences, 237 will serve as replacement spaces fort he Marriott Hotel to replace the structure, and 5 are surplus. VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: South: Residential Open Space East: Residential West Public Utility Lionshead Mixed Use 1 District Natural Area Preservation District Lionshead Mixed Use 1 District General Use District VIII. MAJOR EXTERIOR ALTERATION REVIEW CRITERIA Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU-1) zone district. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; 3. That the proposal does not othenrrrise have a significant negative effect on the character ofthe neighborhood; and, l4 tx. 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Should the Planning and Environmental Commission choose to approve the major exterior alteration application, staff recommends that the Commission makes the following finding as part of the motion; "Pursuant fo Secfion 12-7H-8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed major exterior afteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consrsfenf with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." CONDITIONAL USE PERMIT REVIEW CRITERIA As previously discussed in Section ll of this memorandum, the applicant is requesting approval of a conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, to construct dwelling units within the Garden Level and on the First Floor of the proposed structure, subject to the issuance of a conditional use permit in accordance with the provisions outlined in Chapter 16, Conditional Use Permits, Vail Town Code. Section 12-16-6, Criteria; Findings, Vail Town Code, outlines the review criteria for conditional uses permit requests proposed within the Lionshead Mixed Use 1 (LMU-1) zone district. According to Section 12-16-6, Vail Town Code, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Should the Planning and Environmental Commission choose to approve the application, staff recommends that the Commission make the following findings before granting a conditional use permit: l5 x. 1. That the proposed location of the use is in accordance with the purposes of the Zoning Regulations and the purposes of the Lionshead Mixed Use 1 zone district. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use complies with each of the applicable provisions of the Zoning Regulations. RESOLUTION 18. SERIES OF 2004. REVIEW GRITERIA The applicant is requesting two architectural design deviations which are permitted flexibility under the Lionshead Redevelopment Master Plan and are subject to review by the Planning and Environmental Commission under a set of criteria. lf certain findings can be made by the Planning and Environmental Commission, upon receipt of a recommendation by the Design Review Board, flexibility can be granted. Staff has attached Resolution 18, Series of 2004, for the Commissions review (Attachment C). The two architectural design features the applicant is requesting flexibility from are: The Master Plan limitation on a maximum of 500 sq. ft. of flat roofed areas; and The Master Plan requirements for screening of mechanical equipment by proposing a screening feature which exceeds the 82.5 foot height limitation. Staff will not address the specific criteria at this time regarding the two architectural design elements the applicant is requesting to deviate from in the Lionshead Redevelopment Master Plan. The applicant has provided responses to the Criteria found in Resolution 18, Series of 2004, which are aftached for the Commission's review (Attachment D). Staffls initial analysis of the two architectural design deviations are as follows: '1. Flat Roofed Area of the Structure: The Lionshead Redevelopment Master Plan identifies a maximum area of 500 square feet for flat roofed portions of a structure. Staff believes that the intent of this provision is to limit buildings to minimal flat roofed areas so as to encourage true sloping roof forms. Staff believes that the limitation of 500 square feet per area for a structure located on a site encompassing 2.399 acres may be unreasonable. The proposed structure has a total roof area of approximately 59,441 square feet and the proposed flat roofed portion of the structure is proposed to be approximately 5,442 square feet or 9.2 percent of the total area. This is a reduction from the previously proposed roof design which contained approximately 9,100 square feet of flat roofed area or 15.3 percent. 1. 2. 16 The cunent roof plan now incorporates 1,862 square feet of roof-top terrace. The applicant has proposed a roof design in which they believe the flat portion is secondary to the sloped roofed areas. Through the use of sloped mansard roof forms the applicant has attempted to reduce the visibility of the flat roofed portions of the structure from many perspectives. The flat roofed areas will not be visible from a pedestrian perspective nor from the sunound properties as the height of the building is above a majority of the neighboring structures. The flat roofed areas will, however, be visible from the ski mountain. 2. Mechanical Screenino Solution: The applicant has proposed a solution to screen several large cooling towers and condensers on the main ridge of the structure located above the port-cochere. The applicant has proposed to place a screening solution over the mechanicals which would continue the roof line of the main ridge up to a height which ranges from 85.3 feet (3.3% over maximum allowable height) on the north elevation of the building to 89.8 feet (8.80/o over maximum allowable height) on the south elevation of the building. The proposed solution exceeds the 82.5 feet maximum identified in the Master Plan. The Master Plans identifies that mechanicals should be placed on roof tops and painted so as to blend into the roof color materials. The proposed structure has placed the large mechanical pieces in a well on the roof, which has a finished floor elevation less than 82.5 feet, and placed the screening element on top. The screening element is proposed to be an element which would be an architectural element which is custom created from metal and would be primarily open. It shall be the burden of the applicant to demonstrate to the satisfaction of the Town of Vail Planning & Environmental Commission following a recommendation from the Design Review Board that: The request for design deviations are in compliance with the purposes of the zone district; and The proposal which includes the design deviations is consistent with applicable elements of the Lionshead Redevelopment Master Plan; and The proposal which includes the design deviations does not have a significant negative effect on the character of the neighborhood; and The proposal substantially complies with other applicable elements of the Vail comprehensive plan; and The design deviation meets or exceeds the intent of the specific design standards as prescribed in Section 8.4; and, 1. 2. 3. 4. 5. t7 6. 7. A public benefit is achieved as a result of the design deviation; and, The design deviation furthers the goals, objectives and purposes as stated in Sections 2.3,2.5 and 8.2 of the Lionshead Redevelopment Master Plan. Should the Planning and Environmental Commission choose to approve the application, staff recommends that the Commission make the following findings before granting a flexibility under the recommendations of the Lionshead Redevelopment Master Plan: 1. That the request for design deviations are in compliance with the purposes of the zone district; and 2. That the proposal which includes the design deviations is consistent with applicable elements of the Lionshead Redevelopment Master Plan; and 3. That the proposal which includes the design deviations does not have a significant negative effect on the character of the neighborhood; and 4. That the proposal substantially complies with other applicable elements of the Vail comprehensive plan; and 5. That the design deviation meets or exceeds the intent of the specific design standards as prescribed in Section 8.4; and, 6. That a public benefit is achieved as a result of the design deviation; and, 7. That the design deviation furthers the goals, objectives and purposes as stated in Sections 2.3,2.5 and 8.2 of the Lionshead Redevelopment Master Plan. NEXT STEPS The following is a tentative schedule of hearings dates at which the Planning and Environmental Commission (PEC) and the Design Review Board (DRB) will be asked to review, comment, and take action on the proposed Ritz-Carlton Residences: . DRB November 2, 2005: Applicant and Staff respond to previous DRB comments. A recommendation will be requested regarding the proposed architectural deviations. o DRB November 14,2O05: Request for final review and approval of the project if all comments and concerns have been addressed. xl. l8 XII. STAFFRECOMMENDATION Staff and the applicant would request that the Planning and Environmental Gommission tables the applicant's request to the Nowmber 14, 2005, hearing. XIII. ATTACHMENTS Attachment A: Vicinity Map Atachment B: Reduced copy of the proposed revisions Attachment C: Resolution 18, Series of 2OO4 Attachment D: Response to the Criteria found in Resolution 18, Series of 2004, provided by the applicant o l9 =E L o q o Ol 3B iR .ER +, !-t8 trE oo oE oo ET?ci5 5fH at \, rn aa G9,E b.TF +rJi( -\J . oiY 6=E .IR F i:F o x.=lue Ltu OE 'dF =E r\t '- -..ef +.o o 3 u o tr I o o o F o E 6 o E l. 1'.1, tr (g o I N +. E o F F Attachment: A RESOLUTION NO. 18 Series ot2OO4 A RESOLUTION AMENDING CERTAIN SECTIONS OF THE LIONSHEAD REDEVELOPMENT MASTER PLAN CLARIFYING AND AFFORDING Att TYPES OF DEVELOPMENT PROJECTS, "NEW AND REDEVELOPMENT", FLEXIBILITY IN THE APPLICATION OF THE ARCHITECTURAL DESIGN GUIDELINES, AS PRESCRIBED IN CHAPTER 8 OF THE LIONSHEAD REDEVELOPMENT MASTER PLAN, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on December 15, 1998, the VailTown Council (the "Town Council") adopted the Lionshead Redevelopment Master Plan (the "Master Plan"); and WHEREAS, the Master Plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives within the Lionshead Study Area; and WHEREAS, Section 2.8 of Master Plan outlines a procedure for amending the Master Plan; and WHEREAS, pursuant to Section 2.8 of the Master Plan, the Town of Vail Community Development Department has proposed an amendment to the Master Plan; and WHEREAS, the Town of Vail Planning & Environmental Commission has held a public hearing on the proposed amendment on July 26,2004, and has forwarded a recommendation of approval of the amendment to the Town Council; and WHEREAS, the purpose of this amendment is to amend the implementation policies prescribed in the Master Plan to clarify and afford all types of development, "new and redevelopment, flexibility in the application of the Architectural Design Guidelines (the'Guidelines"), as prescribed in Chapter 8, Lionshead Redevelopment Master Plan; and WHEREAS, the Town Council finds that from time to time it may be desirable to afford flexibility in strict application of the Guidelines to new development projects; and WHEREAS, the Town Council finds that the proposed amendment improves and enhances the effectiveness of the Master Plan without negatively affecting the goals, objectives, and policies prescribed by the Master Plan. Attachment: G NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Town Gouncil of the Town of Vail hereby amends the Lionshead Redevelopment Master Plan as follows: The amendments to the text of the Lionshead Redevelopment Master Plan are indicated in BOLD ITALICS (additions) and SSRKEFIIROIJGH ffntles (deletions). Crr.Aprnn 8 Architectural Design Guidelines 8.1 Vision Statement The Lionshead neighborhood in Vail presents the opportunity to establish a dynamic and exciting community within one of the prernier resorts in the world. Lionshead's mountain location" proximity to the ski slopes, and ample residential base evokes the vision of a truly special place, fuIl of vitality and interest. This vision can be achieved through redevelopment of the community by addressing site and architectural issues, and through consistent and effective transitions from existing to new buildings. The pedestrian experience of the public spaces within Lionshead is the most critical issue for redevelopment. Many of the existing spaces are static and uninteresting, due to a prevailing grid organization and lack of animation and architectural coherency within the spaces. One of the most effective ways to intensifu this experience is through careful design ofthe architecture which dehnes the public spaces. Visually dynamic variation at the pedestrian level can help avoid a monotonous streetscape, and judicious use of ornament, detail, artworh and color can reflect individuality and establish a variety of experience. The architecture of Lionshead is envisioned as a unified composition of buildings and public spaces based on the timeless desip principles offonq scale, and order, made responsive to their setting and environment. It is not envisioned as a strict dictation ofa specific "style" or "theme." Many existing buildings within the community are built of monolithic concrete slabs and lack any sense of order or personality. The new image for Lionshead should move towards the future-using historicd alpine references and Vail Village as antecede,nts. This design framework will allow individual property owners freedom ofexpression within the personalities oftheir buildings while establishing and maintaining an overall uniffing character and image for the elrtire commrnity. In addition, it is paramount that the redevelopment effort address specific design considerations generated by the location, climate, and surrounding environment, such as addressing views, using indigenous building materials, and reflecting the alpine heritage. 8.2 Designing in response to our regional heritage, adhering to a consistent architectural order, and enhancing the public experience will enable Lionshead to define its own identity-making it a distinct and special place not just within the context of Vail, but within kindred mountain communities around the world. l"tg il- l; 'fhe innge of Li<nshe*l shcnld <tvtnbute to ts si]nseuJpld<c.' Organization, Purpose and Scope The organization of the Lionshead Architectural Desigrr Guidelines is based upon describing the "big pichre" ofthe redevelopment effort first, and then studying the more detailed aspects. Sections 8.1 and 8.2 begin with the'big picture" and offer the '?ision" for Lionshead, and provide explanatory information regarding organization, purpose, and scope. Section 8.3 contains special provisions for new and existing strrctures, including redevelopment priorities, tiggers, and ransition tools. This Section addresses howfluibility in the application of the Guidelines shoald be applied to development applications under consideration by the Town's Boards and Commissions. Section 8.4 contains the Guidelines themselves, but begins first with the "big picture" of planning considerations which may overlap with the Lionshead Master Plan. Prospective developers and/or designers should study this portion ofSection 8.4 carefully, to see what design criteria must be met if their project occupies a special site relative to building roles, pedestrian streets, or hansition spaces. The latter portion of Section 8.4 deals with the architectural principles of the Design Guidelines, starting first with overall issues such as building form and massing, then moving into more detailed issues such as dimensional criteria for architectural components, materials, and colors. Section 8.5 provides a "quick glimpse" of the quantitative values outlined in the Guidelines. The purpose of the Lionshead Architectural Design Guidelines (ADG) is to work in concert with the Lionshead Master Plan to enhance the existing experience within the community, improve the quality of life, focus direction for funre growth, create visual harmony, and improve property values for businesses and homeowners. This document constitutes a desigrr philosophy for the community, which when integrated with the Lionshead Master Plan, helps to establish Lionshead as a coherent, dynamic village with a true "sense of place." These Guidelines are intended to direct the growth of the community through distinct levels of perception, from views of the neighborhood from the mountain and the highway, to perceptions within its pedestrian sfteets, to the detail level of artistry and ornamentation on the structures themselves. The scope of the Design Guidelines includes all crit€ria related to the architectural design of new and redevelopment tmedel prqects within Lionshead, along with site and planning sriteria which relate directly to architecture. Other site and planning criteria may be found in the Lionshead Master Plan, and should be reviewed concunently with these Guidelines. Sfuctures which have been reviewed and approved by regulatory agencies for Lionshead prior to the e,ndorsement date of this document may present special Fig8-2: Ptnals olier, yes.nt the lirst tmaqes o-l the (:otnmt{flih'io pedestnans. circumstances with respect to the criteria cited within these Guidelines, and will be handled per Section 8.3. 8.3 New and Existing Structures 8.3.1 SpecialProvisions While these Guidelines offer a roadmap for the redevelopment of Lionshead, they are not intended to limit the eflorts of developers and/or designers involved withnew and existing structures. It is understood that many of the buildings within the community or may be unable to comply with some of the criteria described in the ADG. Many existing buildings, for instance, may already exceed the height criteria identified. Some existing roof pitches within the communitymay not meet the numerical values described. And many of the existing pedestrian streets may fall well short of the "ideal" proportions depicted. These and similar issues will be handled on a case-by-case basis, with determination of compliance based upon whether the building meets the general intent of these Guidelines and the tenets described herein. Simihr to existing strucures, it is ulso understood thatfrom time to time the Town may determine that it is desirqble to allordllexibility in strict applicetion ofthe Guidelines to new development projects In these instances, the reviewing body shall rely upon the stated review criteria for deviations to the Architeaural Design Guidelines oatlined in sub- section 8.3.3.A contained herein Proposed renovations or additions which meet the general intent of the ADG will be offered more latitude with respect to specific non-compliant iterns than those which stray from the overall vision of Lionshead as described withirr-variances will be granted from the detail of the Guidelines if the overall intent is met. In addition, any meaningful efforts to enhance existing structures will be recognized as positive progress, and strict compliance with the "letter" of these Guidelines is not meant to discourage potential improvements. 8.3.2 Development Master Plans Since many of the structures within Lionshead are pre-existing, Development Master Plans are higily encouraged to define long-range goals for buildings within individual parcels. These Plans should be presented to the Desigrr Review Board (DRB) for review when applying for initial building desigrr approval, and should include information such as: . Overall architectural '!ision" for all buildings within the site . DesiEn stategies formaintaining consistent architectural language between renovations and new construction within the site . Proposed phasing plans 8.3.3 Redevelopment Prioritization and'6Triggers" Consistent with Section 8.3.1 above, existingproperties are encouraged to renovate and rehabilitate, to the great€st extent possible, the exterior of their buildings according to the parameters of the ADG. It is recognized, however, that a single, complete, and comprehensive exterior renovation may not be economically possible for all existing structures, and incrfirental improvements must be allowed. Having said this, the following potential exterior improvements should be considered as priorities by both private property owners and the Town of Vail. All reasonable efforts to encourage, provide incentives, and facilitate these improvements should be made. Renewed and expended retail frontage. Forproperties fronting the Lionshead retail mall and retail pedeshian streets, the renovation and expansion ofthe ground floor retail level is perhaps the most critical element in revitalizing the Lionshead retail core. Roofs. As outlined in the ADG, the roofscape of Lionshead is a critical component in "knitting" together the built environment and providing visual cohesion to the urban fabric oflionshead. Planning considerations. All buildings in Lionshead, both existing and new development, should seek to fulfill the roles of landmarks, portals, tuming points, and other roles as outlined in the Master Plan. ' Fornb massing and height criteria.r Building surface treatment- walls, doors, windows, sipage, etc.. All other components of the architectural design guidelines. A critical question regarding the re,novation of existing structures is when compliance with the architectural desigrr guidelines is "triggered" or required. Regarding this, the following guidelines should be considered: o To the greatest extent possible, renovating properties should endeavor to make significant and meaningful improvements to their properties as opposed to small, insigrrificant improvements. This does not discount the impodance of any improvement to a properties exterior. . Any single incremental improvement to one building element will not necessarily trigger compliance on all remaining building elements. However, any portion of the building being improved should do so according to the parameters of the architectural design guidelines. For example, ifa property applies to resurface the walls of their building this resurfacing should be done according to the ADG, but will not in and of itself also require the replacement of the roof or another major modification, at the same time. . Any proposal to add significant volume or mass to a property may *ill tigger full and+easenable compliance to the Master Plan and Architectural Design Guidelines. Deviations from this requirement shall require demonstration of compliance with the procedures and review criteria outlined in Subsection E.3.3.A herein. E 3.3.A Review Criteriafor Deviations to the Architectural Design Guidelines for New Development Similar to the implemenntion policies of the ADG prescribedfor existing structares, the Town has determined that there may be instances where flexibility in requiring strict compliance with the Guidelines for new development maybe in the best interest of the communig and the furtherance ofthe goals and objectives stated in the Lionshead Redevelopment Master Plan That said, however, it is acknowledged that such instances are rare and ertraordinary, and shall be considered on a case-by-case basis To aid in daermining whenfluibility shall be alforded to new developmentfrom strict compliance with the Guidelines, review citeria have heen established. The degree ofdesign deviution Jlexibilig alforded to a development project shall bear proportionately to the extent of the improvemen$ proposed" For uample, a development application that proposes the construction ol a new structure which includes the demolition of an uisting s-tracture or adds significant volume or mass to a properfit, shall morefully comply with the prescribed Architectural Design Guidelines outhned in the master plan than qn application which proposes a renovation or addition to an exixing building Thefollowing titeris shall be used by the Town of Vail Planning & Environmental Commission and Design Review Board to determine if deviutions to the Guidelines should be granted: It shall be the burden ofthe applicant to demonstrqte to the satisfaction of the Town of Vail Planning & Environmental Commissionfollowing a recommendutionfrom the Design Review Board that: t The requestfor design deviations are in compliance with the purposes ofthe zone district; and The proposal which includes the design deviations is consis-tent with applicable elements of the Lionshead Redevelopment Master Plan; and The proposal which includes the design deviations does not have a signiftcant negative elfeu on the charac'ter of the neighborhood; and The proposal substantially complies with other applicable elements of the Yail comprehensive plan; and The design deviation meets or uceeds the intent of the specilic design s'tandards as prescrtbed in Section 8.4; and, A public beneJit is achieved as a result ofthe design deviation; and, The design deviation furthers the goals, objectives and purposes as stated in Sections 2.3, 2.5 and E.2 ofthe Lionshead Redevelopment Master Plan. 2. lf any part, section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution, and the Town Council hereby declares it would have passed this Resolution, and each part, section, subsection, clause or phrase thereol regardless of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines and declares that this Resolution is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. Bylaws, orders, resolutions and ordinances, or parts thereol 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. o INTRODUCED, READ, AppRolrED At{D ADoPTED thb 3d day of argust, 20u. Rodney Slifer, Malor, Tovn of Vail ATTEST: Lorelei Donaldson, Torm Clerk LAl28l2g85 A2:2L BRAJN ASSOCIATES o 'o Thornas A. Braun, AICP Cc: JaokHunn JayPeteneon Robert Fitzgerald Attachment D 978-926-7576 o RAUN ASSOC'.rATES. tNC'.. LAiID PLAr.lNr{g A <OMMUNrrv OWELOpMENT Ootober 19,2005 Mr. Warren Carnpbell Town Planncr Town ofVail 75 Ssuth Frontage Road Vail, CO 81632 RE: Riu Residoucss Dear Wetrcn: As per yow rcguest, atkchcd pu will fnd our responsa to revicw criteria relafive to Resolution #18, Series 2004. This response has been prepued based on the rwised "sketch-up" ptan set that was submitted on 10/18/05. Please lot me know if 1ou necd any other information in ordcr to facilitate yoru rwiew of ttris project. Thanks again for your ongoing assistance. Sinccrcly, PAGE A2 Tho RlE.C,arlbn Residenccs Rccolutioo #l E.Dcviation Criterig Opll Buildlng . 970-0?67375 225 Mlln Srri€t ' Sultr G2 . Edw!rd!, CO 81632 ' 97O-gX-7576 lar . Wvyw-braunassocbf.e.rom RESOLUTION 18. SERIES OF 2004. REVIEW CRITDRIA Two deviations to architectural design standards of the Lionshead Redevelopment Master Plan are proposed by the Ritz Residences. Flexibility to these standards is subject to review by the Planning and Environmental Commission (following a recommendation from the DRB). The two deviations to these standards are: "Secondarvroofelements" in excess of500 sq. ft. The proposed building has a total roofarea ofapproximately 59,441 square feet and the proposed flat roofed portion ofthe structure is proposed to be approximately 7,333 square feet or l2.3Yo of the total roof area. Of this flat roof area approximately 1,349 sq. ft. will be rooftop terraces resulting in 5,084 sq. ft. offlat roof, or l0.l% ofthe total roofarea. The proposed roofplan depicts 19 separate flat roofed areas. Ofthese only seven exceed 500 sq. ft. and range from 506 to 1,048 sq. ft. A number of these flat roofed areas accommodate mechanical equipmenl The overall roof design is predominantly a gable form along with portions of mansard roof. From the public domain the building will not "read" or be perceived as a "flat roofed" building. Mechanical Eouioment Screen in excess of 82.5' The roof of the mair/central portion of the building extends to 82.5 feet in height. Cooling towers and other mechanical equipment will be located on top of this roof. This equipment extends to a height of xx.x'. In order to minimize the potentially adverse visual impact of this equipment a rooftop screening feature is proposed. The screen is a metal trellis feature that is designed as an extension of the roof form below. This design results in an appearance of a gable roof form, albeit with the upper portion of the roof being a tellis and not a part of the actual roof. The ridge formed by the trellis is 85.3' on the north end of the building and 89.8' on the south end. Historically the Town has allowed for mechanical equipment to exceed allowable roof height. ln addition, the Town has permitted rooftop mechanical screening devises to exceed allowable roofheight. From this standpoint the proposed trellis/screen feature is technically not a deviation to the development standard. Notwithstanding, the proposed ridge of the central portion of the building does exceed 82.5' and as such it will be reviewed in accordance with the criteria of Resolution 16. The Ritz Carlton Residences Resolution #l 8-Deviation Criteria l.The request for desim deviations are in compliance with the purposes of the zone district and The purpose of the Lionshead Mixed Use I District is "to provide sites Jbr a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, ffices, skier services, and commercial establishments in a clustered, unified development. . . . and to maintain the desirable qualities of the District by establishing appropriate site development standards". The Ritz Club Residences is comprised of multi-family dwellings which is in keeping with this stated purpose. Aside from the two proposed deviations the project is designed in conformance to established development standards, thereby furthertng the desirable qualities ofthe District and ensuring adequate light, air, open space, etc. The minor nature ofthe proposed deviations are such that the project is still very much in compliance with the purpose of the LHMU-I District. The pronosal which includes the desipn deviations is consistent with applicable elernents of the Lionshead Redevelopment Master Plan: and The overall project is consistent with applicable.elements of the Lionshead Redevelopment Master Plan. Compliance with applicable elements of this Plan will be provided under separate cover. The proposal which includes the desiprr deviations does not have a sipsdficant nesative effect on the character ofthe neishborhood: and Flat roof areas are very lirnited and are located such that it is unlikely they will be visible to any significant extent from anywhere. This is due to two factors - flat roofs comprise only a small portion of the total roof area and in all cases the flat roofportions ofthe building are on internal areas ofthe roof. The building will "read" as though it has a pitched roof, The flat roofed portion will have no significant negative impact to the neighborhood. As outlined above, the mechanical screenfeature conceals mechanical equipment in the central portion of the building. llhile both the mechanical equipment and screenfeature exceed the height limit of 82.5', the Town has histurtcally allowed both equipment and screeningfeatures to exceed allowable height limits. Given the altemative of exposed mechanical equipment on the roof, the proposed screeningfeature that is actually integrated into the design ofthe building represents a much better solutionfor both the building design andfor the neighborhood. The proposal substantially complies with other applicable elements of the Vail comprehensive plan: and 2. J. 4. The Ritz Carlton Residences Resolution #l 8-Deviation Criteria 5. The Town's Comprehensive Plan includes a wide varielt of documents. One of the tnost recent plans and clearly the most relevant plan to consider in relation to this project is the Lionshead Redevelopment Master Plan. As described in item #2 above, the Ritz project is consistent with applicable elements of this plan. The desisn deviation meets or exceeds the intent ofthe specific design standards as prescribed in Section 8.4: and. The LHMP includes avast number of design goals and objectives. One of these is to encourage the use ofroofs to "providevisual cohesion to the urbanfabric" and to ensure that "roofs are predominantly gables and hips, with sheds orflat roofs which cover more than 500 sq. ft.". Wile not specifically stated in the LHMP, it can be inferred that the intent of the limitation onJlat roofs is tofurther the goal ofhaving " predominantly gable roofs". The proposed building has a total roofarea ofapproximately 59,441 squarefeet and the proposedflat roofed portion of the structure is approximately 7,333 squarefeet or 12.3% ofthe total roofarea. OfthisJlat roofarea approximately I,349 sq. ft. are proposed roofiop terraces resulting in 5,084 sq. ft. offlat roof or I 0. I 96 of the total roof area. The proposed roof p lan depicts I 9 s eparate Jlat roofed areas. Of these only seven exceed 500 sq. ft. and range in size from 506 to I,048 sq. ft. Four of the seven are between 506-540 sq. ft. in size. From a quailtitative standpoint the portion offlat roofthat exceeds 500 sq. ft. is very insignificant. From a qualitative standpoint the Jlat roof portions of the building are innocuous. The proposed deviation clearly meets the intent of Section 8.4 as it pertains to flat roofs. As discussed above, the proposed deviation for the trellis screen feature to exceed 82.5' is a design element that has historically been approved by the town (i.e. mechanical equipment and screening devices can exceed allowable height lirnits). The screen feature is an attempt to pro-actively address rnechanical equipment as part ofthe overall design process and not as an afterthought. This approach exceeds specific design standards for mechanical equipment as outlined in the LHMP. Another important consideration is found in Section 8.4.2.3 Building Height. This section permits "unique architectural fortns " to exceed the allowable maximum building height, subject to approval by reviewing boards. The proposed trellis screen is certainly a unique approach to dealing with mechanical screening. Otherfactors to consider relative to the overall project and development standards: The Ritz Carlton Residences Resolution #l 8-Deviation Criteria The trellis screenfeature is only 2.8' above the height limit on the north end ofthe building and only 7.3' on the south. All habitable space within the building is well below 82.5'. The project is developing well below the rnarimum allowable GRFA. The project conforms to maximumwall plane heights. Ifconsidered an "architectural projection" the trellis screen is well below the maximum 97.5'height that is allowable by code. The overall average height ofthe building is 66.4, this is well below the maximum average of 7l '. This calculation includes the height of the idge formed by the trellis screen. A public benefit is achieved as a result ofthe desien deviation: and. The design deviations, while minor in nature are important elements of the proposed building. The screeningfeature, while exceeding the 82.5 building height limit, provides a significant public benefit by screening rooftop mechanical equipment. Virtually all of the flat roofed portions of the building that exceed 500 sq. ft. also serve as rooftop patios or locations for mechanical equipment - a public benefit is achieved by locating this equipment on the roofin lieu of ground level location. ll'hen considered in the context ofthe proposed building and in the context of the three parcels of the lVest Day Lot subdivision, approval of the proposed deviations will result in an improved design solution which in turn achieves a public benefit consistent with the overall redevelopment ofLionshead. The design deviation furthers the qoals. obiectives and ourposes as stated in Sections 2.3. 2.5 and 8.2 of the Lionshead Redeveloplnent Master Plan. Section 2.j refers to broad policy objectives such as redevelopment, improved access/circulation, improved infrastructure and enhanced public revenues. Section 2.5 addresses broad urban design principles and Section 8.2 addresses the overall design intentfor Lionshead. By virtue ofthe project's compliance with specific relevant guidelines the Ritzfurthers these broad goals and objectives. The two rninor design deviations proposed by the Ritz Carlton Residences are irnportant elements ofthe overall building design as and such also serve tofurther the goals of the sections refened to above. I ! I I 6. 7. The Ritz Carlton Residences Resolution #l 8-Deviation Criteria TOTAI, ROOF ,\RI]I\ T( )TrU- l:1..,\T R()()l' ARIrA FL;\T ROOF r\REr\ tu\'I'IO R()()[; PL:\N 09.2(r.0.5 7.971 SF /59.44t5F= l3.1Vo T()T.\1. R(X)F .\RE \'t o1,.\t. Ft..{1' ROOF _Utrr\ Fl,.\1' RCX)l; .\Rt i.\ R{t't() (lndudes r<xrf terrace) 59,027 SF 7.3rH St, F L.'\'l' RO()lI :\ Rl'1.\ tu\'l lC) 7,3rH SI;/5r,{)27 Sl: = 123?./o (7.3tr+ - 1.862)/59.rt27 = 92 o/o Roof Plan Roof Plan - Reaised (PEC Submittal Date 09 / 26 / 05) o L4-- --' - o Partial Roof Plan =\ Detail View from Nortb East Panel Detail PEG Memorandum TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department October 10,2005 A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town il. Code, and a final review of a conditional use permit,pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code; and final review of architectural deviations, pursuant to Section 8.3.3.A, Review Criteria for Deviations to the Architectural Design Guidelines for New Development, Lionshead Redevelopment Master Plan, to allow for the development of 107 multi- family residential dwelling units, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and setting forth details in regard thereto. (PEC 05-0062 and PEC 05-0063). Applicant: Vail Resorts Development Company, represented by Braun Associates, Inc.Planner: Wanen Campbell SUMMARY The purpose of today's work session hearing with the Planning and Environmental Commission is to allow the applicant an opportunity to present the changes which have been made to the application in response to comments from the previous meeting. The desired outcome of the hearing is for the Planning and Environmental Commission to understand the following: o The proposed structure in terms of bulk, mass, height, and operation.o The criteria by which the applicant is requesting flexibility regarding the area of flat roof on the structure, the architectural mechanical screening solution, and the proposed landmark tower. The Commission is not being asked to take any formal action on this application at this time. As such, staff is not providing a formal recommendation at this time. Staff and the applicant request that the Planning and Environmental Commission tables the applicant's request to the October 24,2005, hearing. lt is anticipated that the applicant will request a final approval at the October 24, 2005, Planning and Environmental Commission hearing. DESCRIPTION OF THE REQUEST The purpose of today's work session hearing with the Planning and Environmental Commission is to allow the applicant an opportunity to present the changes which have been made to the application in response to comments from the previous meeting. After the presentation the Planning and Environmental Commission will be asked to provide additional feedback regarding the revisions to the proposal. The proposed Ritz-Carlton Residences project is on the third and final parcel of the comprehensive development site encompassing the existing Marriott Hotel, the Gore Creek Residences, and the West Day Lot parking area. The West Day Lot parking area and the existing Marriott parking structure sites total 2.399 acres in size and is location of the proposed Ritz-Carlton Residences project. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). A reduced set of revisions are attached for reference (Attachment B). The Ritz-Carlton Residences proposal is comprised of two (2) different development review applications. Each application is intended to facilitate the redevelopment proposal. The development applications include: . A maior exterior alteration aoolication for a new 107 multiple- family dwelling unit structure; and o A conditional use permit application for "lodge rooms or dwelling unifs" located on the basement or garden level and the first floor or street level of the structure. The key elements of the proposal include: r A 107 multiple-family dwelling unit condominium structure;o A total ol 212,695 square feet of Gross Residential Floor (GRFA);. A 388 space below grade parking structure to serve as parking for the Marriott Hotel and the Ritz-Carlton Residences:r A landmark feature which is 120 feet in height;. A loading and delivery facility comprised of three bays;. A lobby/lounge area with a front desk, concierge, and valet; and r A media room, game room, and pool/hot tub deck. BACKGROUND The subject development site includes several parcels of land currently used for the Marriott Hotel, the parking structure for the Marriott Hotel, the Gore Creek Residences, and the West Day Lot. Marrioft Hotel History (Parcel 1 of the West Day Subdivison) The Marriott (previously "The Mark") was approved by the Town in 1977 as a hotel and condominium project and was zoned Special Development District No. 7 by Ordinance 3, Series oI 1977. The project was expanded and modified throughout the 1980's and 1990's. In 1999 the Marriott property, along with the rest of Lionshead, was rezoned to Lionshead Mixed Use 1 and SDD No. 7 was repealed. The Marriott as developed today includes 35 dwelling units, 276 hotel rooms, meeting rooms, a restaurant, and other hotel amenities. Area il1. West Day Lot History (Parcel 2 of the West Day Subdivision) The western portion of the site (the Morcus Subdivision), known as the "West Day Lot", was regraded and used for Vail Resorts employee parking. Prior to the rezoning of this parcel to Lionshead Mixed Use 1 in 1999, the property was zoned Parking District. On August 22, 2005, the Planning and Environmental Commission held an initial hearing on the Ritz-Carlton Residences. At that hearing Staff proved the Commission with parameters by which the project would be reviewed. At this hearing the Commission requested to see how the parcels recently acquired by Vail Associates and the potential of relocating the Frontage Road would affect this property. In addition the Commission asked for a response as to why a conditional use permit was appropriate to be granted for condominiums on the ground floor next to a potential future lift and within an overall greater portal to the mountain being created in western Lionshead. On September 12, 2005, the Planning and environmental Commission expressed that there were no concerns with the Conditional Use Permit that was being request for dwelling units on the first floor or garden level. The Commission continued by expressing concem regarding the height of the landmark tower. The general consensus was that a height of 140 feet was inappropriate. In addition, the Commission stated that the height of the screening element for the mechanicals had not been justified in the presentation and other options should be examined. The Commission was not comfortable with approving the height of the screening element over the maximum height of 82.5 feet. Finally the Commission expressed that they would like greater information regarding the flat roof maximum area requirement found in the Lionshead Redevelopment Master Plan. Several members expressed a need for the western elevation along the Frontage Road to have step backs incorporated into the architecture. On September 26, 2005, The Planning and Environmental Commission generally expressed that of the three Options/Alternatives presented that that Option/Alternative B was preferable to Option/Alternative C. The Commissioners generally felt that while Option/Alternative B incorporated the mechanical screening solution which exceeds the maximum height, it does not result in additional head height in the top floor units as in Option/Alternative C. Some concerned was expressed about how mechanical screening which exceeds the maximum height could be limited and controlled so as not to be abused on future projects. One thought expressed was to have more specific language in the Master Plan to address screening of mechanical units. Some members believed that enough regulations, or safeguards, were in place to insure that mechanical screening abuse would not occur on other projects as they would need to pass PEC and DRB review. For instance, the applicant was directed to provide a sample of the mechanical screening material, look at incorporating roof-top terraces, and examine the possibility of creating a more "cascading roof effect" on the southeast elevation. tv. Gore Creek Residences History (Parcel 3 of the West Day Subdivision): On November 24, 2003, the Planning and Environmental Commission approved text amendments to Section 12-7H-5, Conditional Uses; Generally (on all levels of a building or outside a building), Vail Town Code, to allow single-family residential dwellings and two-family residential dwellings as conditional uses in the Lionshead Mixed Use 1 District and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to provide criteria to which a single-family and two-family residential dwelling proposal within the Lionshead Mixed Use 1 District must adhere. The text amendments were subsequently approved by Town Council upon second reading in Ordinance 36, Series of 2003, on December 16, 2003. On June 28, 2004, the Planning and Environmental Commission approved, with conditions, a conditional use permit and a major exterior alteration application on this site for eight two-family structures for a total of 16 dwelling units. On December 13, 2004, the Planning and Environmental Commission approved a minor subdivision establishing the West Day Subdivision (Attachment D) which is comprised of three parcels. The approval and recording of the West Day Subdivision was the culmination of the review of the Gore Creek residences during which it was agreed that the three lots comprising the West Day Subdivision would be tied together for zoning purposes. A note was placed upon the West Day Subdivision which states the following: "For the purposes of zoning, Lots 1, 2, and 3, created by this subdivision are to be treated as one development site. Development standards shall be based upon the improvements and land area of the combined area of Lots 1, 2, and 3." As a part of the approval of the West Day Subdivision, a spreadsheet identifying the development potential for each of the three parcels was approved in conjunction with the minor subdivision. That spreadsheet, entitled, "West Day LoUMarriott Hotel/Gore Creek Place Approved Development Plan/Development Allocations", and dated December 6, 2004. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning and Environmental Commission, Town Council, and Staff on the various applications submitted on behalf of Vail Resorts Development Company. A. Exterior Alteration/Modification in the Lionshead Mixed-Use I zone district Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use/development and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval/denial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping." Design Review Board: Action: The Design Review Board has no review authority on a Major or Minor Exterior Alteration, but must review any accompanying Design Review Board application. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo 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: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. B. GonditionalUse Permit (CUP) Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for acceptability of use and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission : Action: The Planning and Environmental Commission is responsible for final approval/denial of CUP. The Planning and Environmental Commission shall review the request for compliance with the adopted conditional use permit criteria and make findings of fact with regard to the project's compliance. Design Review Board: Action: The Design Review Board has no review authority on a CUP, but must review any accompanying Design Review Board application. V. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo 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: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board ened with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. APPLICABLE PLANNING DOCUMENTS The following checklist was created to provide a means of evaluating the Ritz- Carlton Residences proposal for compliance with the Lionshead Redevelopment Master Plan. The checklist is intended for the Planning and Environmental Commission to use in conjunction with their copies of the Lionshead Redevelopment Master Plan to locate relevant portions of the Master Plan which pertain to this proposal. Lionshead Redevelopment Master PIan Chapter 2: Introduction a 2.1 Purpose of the Master Plan a 2.2 Definition of a Master Plan o 2.3 Policy Objectives o 2.3.1 Renewal and Redevelopment s 2.3.2 Vitality and Amenities o 2.3.3 Stronger Economic Base Through Increased Live Beds o 2.3.4 lmproved Access and Circulation o 2.3.5 lmproved Infrastructure o 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues Chapter 4: Master Plan Recommendations - Overall study Area a 4.'l Underlying Physical Framework of Lionshead a 4.1.1 Lionshead Master Plan Concept 4.1.5 West Lionshead - Residential/Mixed-Use Hub o 4.3 Connections to the Natural Environment o 4.3.1 Visual Connections a 4.3.1.2 North-South Orientation of Buildings o 4.6 Vehicular and Pedestrian Circulation o 4.6.4 Modifications to West Lionshead Circle and Lionshead Place a 4.6.4.1 East Intersection of W. Lionshead Circle and South Frontage Road s 4.6.4.2Intersection of Lionshead Place and West Lionshead Circle o 4.6.4.3 Pedestrian Sidewalks and Crossings a 4.6.4.4 Visual lmprovements s 4.7 Loading and Delivery s 4.7.1 Properties with Direct Service Access u 4.8 Parking o 4.8.1 Potential Displacement of Existing Parking a 4.8.1.2 West Day Lot a 4.8.2 Residential Properties u 4.9 Housing o 4.9.1 No Net Loss of Employee Housing o 4.9.3 Policy Based Housing Opportunities u 4.10 Gateway, Landmarks, and Portals a 4.10.2 Landmarks o 4.11 Public Art Chapter 5, Detailed Plan Recommendations a 5.13 The Marriott s 5.13.1 Redevelopment or Development of the Parking Structure o 5.17 West Day LoU Vail Associates Service Yard/ Holy Cross Site Chapter 6, Site Design Guidelines o 6.4 Secondary Pedestrian Walk a 6.6 Pedestrian Path Chapter 8, Architectural Design Guidelines o 8.1 Vision Statement o 8.2 Organization, Purpose and Scope a 8.4.2 Architecture o 8.4.2.1 lntroduction a 8.4.2.2 Building Form and Massing o 8.4.2.3 Building Height a 8.4.2.4 Exterior Walls s 8.4.2.7 Roofs Resolution 18. Series of 2004: A Resolution Amendinq Certain Sections Of The Lionshead Redevelooment Master Plan Clarifvino And Affordinq ALL Tvpes Of Development Proiects. 'New And Redeye/opmenf". Flexibilitv In The Aoolication Of The Architectural Desion Guidelines. As Prescribed In Chaoter I Of The Lionshead Redevelopment Master Plan. And Settinq Forth Details In Reoard Thereto. 8.3.3.4 Review Criteria for Deviations to the Architectural Design Guidelines for New Development Similar to the implementation policies of the ADG prescribed for existing structures, the Town has determined that there may be instances where flexibility in requiring strict compliance with the Guidelines for new development maybe in the best interest of the community and the furtherance of the goals and objectives stated in the Lionshead Redevelopment Master Plan. That said, however, it is acknowledged that such instances are rare and extraordinary, and shall be considered on a case-by-case basis. To aid in determining when flexibility shall be afforded to new development from strict compliance with the Guidelines, review criteria have been established. The degree of design deviation flexibility afforded to a development project shall bear proportionately to the ertent of the improvements proposed. For example, a development application that proposes the construction of a new structure which includes the demolition of an existing structure or adds significant volume or mass to a property, shall more fully comply with the prescribed Architectural Design Guidelines outlined in the master plan than an application which proposes a renovation or addition to an existing building The following criteria shall be used by the Town of Vail Planning & Environmental Commission and Design Review Board to determine if deviations to the Guidelines shou/d be granted: It shall be the burden of the applicant to demonstrate to the satisfaction of the Town of Vail Planning & Environmental Commission following a recommendation from the Design Review Board that: c The request for design deviations are in compliance with the purposes ofthe zone district; and c The proposal which includes fhe desgn deviations,s consisfenf with applicable elements of the Lionshead Redevelopment Master Plan; and o The proposal which includes the deslgn deviations does not have a significant negative effect on the character of the neighborhood; and t The proposal substantially complies with other applicable elements of the Vail comprehensive plan; and The design deviation meets or exceeds the intent of the specific design standards as prescribed in Section 8.4; and, A public benefit is achieved as a result of the design deviation; and, The design deviation furthers the goals, objectives and purposes as sfafed ln Secfions 2.3, 2.5 and 8.2 of the Lionshead Redevelopment Master Plan. Zoninq Reoulations Lionshead Mixed Use - 1 Zone District (in part) 12-7H-l: PURPOSE: The Lionshead Mixed Use-l zone district is intended to provide sites for a mixture of multiple-family dwellingg /odges, hotels, fractional fee clubs, time shareg lodge dwelling units, restaurants, offices, skler serurbeg and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 zone district, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives ls fo creafe an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include,ncreases in allowable gross resldential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consrsfenf with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any developmenUredevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: sfreefscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12-7H-2: PERMTTTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL:A. Definition: The "basement" or "garden level' shall be defined as that floor of a building that is entirely or substantially below grade. B. Permifted Uses: Ihe following uses sha// be permifted in basement or garden levels within a structure: Banks and financial institutions. Commercial ski storage. Eati ng and drinking esfab/lsfimenfs. Personal servrbes and repair shops. Professional offices, busi'iness offices and sfudios. Public or private lockers and storage. Reaeation facilities. Retail e sta bl i sh m ents. Skier ticketing, ski school, skier serulceg and daycare. Travel agencies. Additional uses determined to be similar to permifted uses described ln this subsection, in accordance with the provisions of Secfion 12-3-4 of this Title. C. Conditional Uses; The following uses sha// be permifted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Major arcade. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type lll (EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops. Theaters. Additional uses determined to be similar to conditional uses described ln fhls subsection, in accordance with the provisions of Secfion 12-3-4 of this Title. 12-7H-3: PERMITTED AND CONDITTONAL USES; F,RSI FLOOR OR SIREET LEVEL: A. Definition: The 'first floor' or 'street level' shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. B. Permitted Uses: Ihe following uses sha// be permifted on the first floor or street level within a strudure: Banks, with walk-up teller facilities. Eating and drinking establishments. Recreatio n faci I ities. Retal sfores and establishments. Skier ticketing, ski sc/tool skr'er servr'ces, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses descrlbed in thrs subsecfion, in accordance with the provisions of Section 12-3- 4 of this Title. C. Conditional Uses; The following uses sha// be permitted on the first floor or street level floor within a structure, subject fo rcsuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Barbershops, beauty shops and beauty parlors. l0