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HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5D LOT N O GATEWAY COMMONV"i\\r\V{t C:,\tnc\ \ $ru,s SO L.b Ni,ir-Lr.*,.i.ckil Pa(Lr"1 BillGibson T ILE COPY From: Sent: To: Subject: Bill Gibson Monday, December L2,20LL LL:29 AM George Ruther; Warren Campbell; Rachel Friede Dimond Vail Gateway Plaza parking It is my understanding that commercial unit C-11, Vail Gateway Plaza was previously used as a professional office as defined by Chapter 12-2, Definitions, Vail Town Code. lt is my understanding that commercial unit C-11, Vail Gateway Plaza is proposed to be used as a professional office as defined by Chapter 12-2, Definitions, Vail Town Code. A change of use from one professional office to a another professional office results is no change to the parking requirements for Vail Gateway Plaza building. lf there is a proposal to change the use of unit C-11, Vail Gateway Plaza to a land use that requires more parking spaces than a professional office, there is surplus parking available at the Vail Gateway Plaza that could be utilized to accommodate such a change: On August 13, 2011 the Planning and Environmental Commission (PEC) approved a conditional use permit (CUP) to allow 39 parking spaces in the 93 space Vail Gateway Plaza garage to become a for-lease parking club. On Aprif 12,2OO4 the PEC approved amendments to the parking club CUP to allow the 39 for-lease parking spaces to be converted to 13 for-sale spaces, and the remaining 26 parking spaces would be allocated to specific tenants within the building, Theallocationofspecificparkingspacestoaspecifictenantwasattheapplicant'srequest,andnota requirement of the Vail Town Code. Chapter 12-1Q Off Street Parking and Loading, Vail Town Code establishes the minimum number of parking spaces for an entire building and does not require individual parking spaces to be allocated tospecifictenants. In2004,theapplicantalsorequestedthat4existingparkingspacesbeconvertedtoski lockers/storage. The applicant submitted an analysis demonstrating that if the 13 space for-sale parking club and the 4 parking space conversion to storage were approved, there would be a surplus of parking at the Vail Gateway Plaza building based upon the existing and potentialcommercial uses (all office and all restaurant) in the building. The 2004 CUP amendment allocated the individual parking spaces in the Vail Gateway Plaza garage on a commercial, residential, parking club, and storage use basis. The 2004 CUP amendment allocated a total of 63 parking spaces to the commercial tenants in the Vail Gateway Plaza building. 47 of the 53 parking spaces were allocated on an individual unit by unit basis, and 16 of the 53 spaces were allocated to "visitot" for the commercial tenants, The 2004 CUP amendment allocated 4 individual parking spaces to commercial unit C-11. The required number of parking spaces for unit C-11 with a professional office use is 3.16 parking spaces (2.7 spaces per 1,000 sq. ft. net floor area). The following is a summary of the 2004 allocations of the Vail Gateway Plaza parking garage: Unit Tvpe 2004 CUP allocation All Office Scenario All Restaurant Scenario Required Commercial 63 (w/16 visitor) 37.02 (if all offices) 54.83 (if all restaurants) 39.9 (Kelly Liken the only restaurant, remainder officesl Residential 13 Parking Club 13 Storaee 4 9.8 13 4 9.8 13 4 9.8 13 4 Total spaces 93 Surplus parking spaces and 63.82 29.18 81.63 tI.37 66.7 26.3 Commercial 3I 8r 4c-6 c-7 c-8 c-9 c-10 c-11 c-13 & 14 c-15vtstToR 16Total 63 Sincerely, Bitl BillGlbson, AIGP Town Planner Community Development r0riloFm 970.479.2173 970.479.2452tax. vailgov.com twitter.com/vailgov tl- tf f - d{ fi Pdl8rfi}tl TO.WN OF.VAIL DEPARTMENT OF COMM{.JNIry DEVELOPMENT 75 S. FRONTAGEROAD vAlL, co 81657 970-479-2t38 NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES MECHANICAL PERMIT Permit #: M02-0021 Job Address: 12 S FRONTACE RD EAST VAIL Status . . . : ISSUED Location.....: UNIT# C-l 50 Applied. . : 02/0712002 Parcel No...: 21 01 08264010 Issued . . : 02/0812002ProjectNo: Expires..: 0810712002 owNER MOITNTAIN OVIINERS Lp O2/07/2OO2 phone: C,/O STEPHEN LEWIS, STOLTZ MGMT 725 CONSHOHOCKEN STATE RD BAI,A CYNWYD PA 19004 Iricense: coMrRAcToR ENCOMPASS MECHANICAL SERVICEo2/07 /2002 phone z 97O-949-L747 5541 CENTRAL AVENUE BOUIJDER, CO I03 0l- License z L47 -M APPITICAI\m ENCOMPASS MECIIANICAIJ SERVICEo2,/07/2002 phone: 9'70-949-L747 5541 CEI\TTRAL AVSNUE BOI'I,DER, CO 8030r_ License z L47 -M Desciption: RELOCATION AND MODIFICATIONS TO EXISTING DUCTWORK Valuation: $2,500.00 FircDlace Information: Restricted: Y # ofcas Appliances: 0 # ofcas Logs: 0 # of Wood Pellet: 0 FEE SUMMARY *+{.+**'t+'}++++++***,t***:r*a***+'t*++:i.+*++*'iil +t:i.+,}******,r:ta**,r*t Mechanical--> Plan Check--> Investigation-> Will Call---> 560 - 0O R€stuarant Plan Reyiew--> $15 - 00 DRll li€e-------------> $o.00 lofALFEES----------> s3 .00 $0. oo Total Calculated Fees-> g0 - 00 Addirional Fees----------.> g?8.00 Total Permit Fe+------> PaYments'-'-----------1 BAI,ANCE DTJE------> Action: AP SUBiTECT TO FIELD INSPECTIONS 978. 00 $0.00 $?8.00 $78.00 s0.00 IIEMs O51OO BUIIJDING DEPARTMENT 02/07/2002 CDAVTS Item: 05500 FfRE DEPARTI,TENT CONDITION OF APPROVALCond: 12 (BI-,DG.): FIELD INSPECTIONS ARE REOUIRED TO CHECK FOR CODE COMPLIAT',ICE. Cond: 29 (BLDG.): ACCESS TO HEjATING EQUIPMEMT MUST COMPLY WITH CHAPTER 3 AND S8C.1017 OF THE ]-997 TJMC A}iID CHAPTER 3 OF THE 1997 IMC. DECLARATIONS I hereby acknowledge that I have read this application, filled out in full the information required, completed an accurate plot plan, and statathat all the information as required is correct. I agree to comply with the information and plot plan, to comply with all Town ordinances and state laws, and to build this structure according to the towns mning and subdivision codes, design review approved, Uniform Building Code and other ordinances ofthe Town applicable thereto. REQTJESTS FOR INSPECTION SHALL BE MADE TWENTY.FOUR HOURS IN ADVANCE 8:00AM-5PM. FOR HIMSELF AND OWNEF FEB-06-2002 lrED 7i t Fro||tagF Rd. Vail, Golorado E1657 03:Ig PH ENCOI{PASS I{ECH SERVICES FAX N0, 9708457144 o Flrte,VentandGffi'LinaSircand kra0on cotrtpLFTE vAruATIoN FOn UECHAIIIGAL tEniltT (Labor & t{aterbls} MEcl"lANIcAt: $ e,fu" CONTRACTON IT{FORIIATIOI{ Stevc A^,J .S* q.{t-t1{?Town ofVail Reg. No.: * **** *!***:1. l.:|: t*** ** **t**r FOR *i3 ***rl*:l ***** :rf ***tlctl.:t*l * F: rerreryo're/brfi s, |'cfi crm TOW{ OFVAIL DEPARTMENT OF COMMUNITY DEVELOPMENT 75 S.FRONTAGEROAD VAIL, CO 81657 970-4.79-2138 NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES PLUMBING PERMIT Permit #: P02-0007 Job Address: 12 S FRONTACE RD EAST VAIL Status . . . : FINAL [ocation.....: UNIT # C-l 50 Applied . . : 0ll31D0Q2 Parcel No...: 210108264010 Issued . . : 01131/2002 ProjectNo : Expires. .: 05/10/2002 owNER MOUI'ITAIN OV|INERS IJp 0L/3L/2OO2 phone: C,/O STEPHEN IIEWIS, STOIJTZ MGMT 725 CONSHOHOCKEN STATE RD BALA CYNWYD PA 19004 License: APPIJICA}IT I,ORTON PLI'MBING INCORPORATED1T/3T/21'2 Phone: 970-328-5900 P.O. BOX 363s EAGIJE, CO 8163 r. License: 255-P CONTR.A.CTOR ITORTON PLIJMBING INCORPoRATEDOL/3L/2002 Phone: 970-328-5900 P.O. BOX 3635 E.AGLE, CO 8153 L I-,icense: 255-P Desciption: REPIPE EXISTING PUBLIC RESTROOMS PER NEw ARCHITECTUAL LAYOUT Valuation: S9.350.00 Fireplaoe lnformation: Resricted: ??# ofGas Appliances: ??# ofcas Logs: ?? # of wood Pallet: ?? Plumbing--> 9150 .00 Restuarsnl Plan Review->S0. 00 Total Calculated Fees-> $190.50 Plan Check--> lnvestigation-> will call-> s0.00 $3.00 BALANCE DUE-.-.->$0.00 l+++:|+t +t.t**r** **** *** 't**t tt*t*a* tt tt '*tt ltt ft++ +:l | *ti.I'tr1' | +lt 'r * i.l:t {. t '} t * **:} * ++ **'t'l:t**'lla *ai 'la* l,l.+'l:lra ITEM: O51OO BUIIJDING DEPARTMENT oL/3t/2O02 DE Action: AP ITCM: 05600 FIRE DEPARTMENT CONDITION OF APPROVAL Cond: 12 (BLDG.): PIEI-'D INSPECTIONS ARE REQUIRED TO CIIECK FOR CODE COMPI-,IAIiICE. ir t+al +at *t:l tat l t+ DECLARATIONS I hereby acknowledge that I have read this application, filled out in full the information required, completed an accurate plot plan, and state that all the information as required is correct. I agree to comply with the information and plot plan, to comply with all Town ordinances and state laws, and to build this structure according to the towns zoning and suMivision codes, design review approved, Uniform Building Code and other ordinances ofthe Town applicable thereto. s3? . 50 DRB Fee- > S0. 00 Additional l'ecs---> $0.00 TOTAL FEES--------> $190.50 Totsl P€rmit Fee-.-----> $190. s0 Pat'rnents---_-.> $190 .50 REQUESTS FOR INSPECTION SHALL BE MADE TWENTY-FOUR HOURS IN ADVANCE BY TELEPHONE AT 4?9-2138 OR AT OUR OFFICE FROM 8:00 AM - 5 PM. SIGNATURE OF OWNER OR CONTRACTOR FOR HIMSELF AND OWNEF I .l I{ tnepection Requ.rst ReportunB .,VAlt. CO : rOWl{ OE Page i8 *rtJuesterl lnspnct Darc Friclay. May ;.r, ?i,|i j hsec*iicr rrrea: GFIG - Sih aidrelct i2 3 FRcll'iTAGE Rtj EASI r/AlL ur{tT *c,1 5it .r.-{:OMM Su.b Tysf : A(;OM l-,}!ss it- '! dR Stalus. ISStJED ,n6p Area: GRG J.L. V!5LE'::Of.J51'RLiCTUIN J.L, VIELE .;ONSTRUCTIOil Phon+: g?+476-30fl? TEI{ANT I]$FTROIEiIEI.IT - ERRECTINc I{CII.I.sIURCTUAI iNTERIOR FAfrTiTIl3f,JS ANO ADD{IIG A sHovrr€R AFin ti.fiERi0F flfioRs R€quesred lime: U8:00 AfdFtistr: 97S'476-.1082 Eiller€d By: DFLORE$ K'l lme ErF: BLDG-Frafih,e 0306102 * Comn'!€ti$: o3J13lO? Cgrtmqnts: ". ag,proved "' 'fl!f,Edl$r. cdoriii Aclh'n- {l'.JfiD APFRq}\'EDil I'LUirtsit'l€,SPRlFiKLER A$lD ALARM RO|,SFIS ttUST OC+UR INSFECTION$ A$SEM6LY inspe{:lai: c{t€vt! ACton: AP AFPROVEr, SKI sl$fiAi:E ROOM LCXI.ATEDWlrrilIl THE GARAGE .' i.p,rovod "')av1(Acton i-)A P-AftTlAI FART!trr- qpirROVAi FOR S[PEP.AltOi.tWAL!.. Bt $F'R.S,Y AF1PLIED RREPROC'NNIG HSTTILET! OI.Iln$p*(iof: ioavii r6$i +'t :ilt€€l r(.ct approvod APPFi{f,VEi} sTOftIGf; ROOM CFF, OF GAq,&GE CNL hrlp€(ioi. JRM A'JPRflVEIJ 3TC .lcUon: FA. P pEP 1,.O. hl* FlttEPFfJOFli.,c REO'r, (iet OVERHEi,D F, rUq t'D*) , 03;il7i0? Comm€nls. BOSlf]2 Co$rm€[rt6l 03.r lSln?,, comn$nt6. 70 BLDG-ui$r. €O BLDG'Final 6iS BLDG-T6m0.Sl0 tFE plrv.TEMP.'C;O 033 p|.Aill'TEilffF. Cr$ 5O? PLAN"FT$AI- Crf)s8 FtrtE-FlitAL Ci0 SEE) FIV-Flt\lAl". (:lO 6dO &*DC-Ftfttl C;/{,) ?2 FL\N-lt,r-: Slls P)6n . Cofnngol: Neeo;r rovnixi trarhing pt6n Frior to TCO . Ra+'d - AOCIiS COMMOfi: ROUTETI TC GARY AHN 'LLISO+.,I FOR RFViEI,'iiiAPPBO!Ai-3. TIIJLOFFS frolt€cFd InlFecds${gl Item: 90 gLDG-Fi$.ri , (d/-.p/T/C/-4L ular Eflilou4trlmawr { Frnrc Orrr 'MU€'f FIREpROOF $TRUC. STEEL COLl..fMhl.s L(i{:A'f gf.' Vl'tl}'ltN Lm: 60 BLDG-lnrfilasurhm: 60 BLDc-9h*6trock l-.t{rl J.t . vlflf cst{sTriucTtct{ w:471.S4S4 CDAVIS dw Rr-ur Id: 1-600 Tp$dN,oJ vArL DEPARTMENT OF COMMTTNTTY DEVELOPMENT 75 S.FRONTAGEROAD VAIL, CO 81657 970-479-2138 NOTE: TH]S PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES PLUMBINC PERMIT Permit #: P02-0007 Job Address: 12 S FRONTAGE RD EAST VAIL Status . . . : ISSUED Location.....: LINIT # C-l 50 Applied . . : 0113112002 Parcel No...: 210108264010 lssued . . : 0ll3l/2002ProjectNo: Expires..: 07/3012002 outNER MO('NTAIN OUTNERS Lp 0L/31/2OO2 phone: C/O STEPHEN LEWIS, STOIJTZ MGMT 725 CONSHOHOCKEN STATE RD BAI.IA CYNWYD PA 19004 License: CoMIRACTOR I-,ORTON PLUMBING INCORPORATEDOL/ 3L/ 2002 phone : 970-328-5900 P.O. BOX 3635 EAGLE, CO 81631 License:255-P APPLICAIIT LORTON PLUMBTNG INCORPORATEDOL/3L/2OO2 phone: 970-328-5900 P.O. BOX 3635 EAGIJE. CO 8163 r- License: 255-P Desciption: REPIPE EXISTING PUBLIC RESTROOMS PERNEW ARCHITECTUAL LAYOUT Valuation: $9,350.00 Fireplac€ Information: Rcslricted: ??# of Wood Pallet: ??# ofGas Appliances: ?? $150.00 Restuarant Plan Review--> S37.50 DRBFce------------> 9o. oo TOTAI. FErS-------> $3.00 Action: AP # ofcas l,ogs: ?? $0.00 Total Calculated Fees--> S0.00 AdditionalFees------> S19o.50 Total Permit Fec-----> Paymenls-------------> BALANCF, DUE.-....> Plumbing-> Plan Check--> Investigation-> Will Call---> 9190.50 $r-90.50 9190.50 $0.00 *'lr'r*,1+***,1,|*:l**'l*****'*'l*+*,f*+++*+++**********'r***+t*+rt*+,t**;*'t't****tt **,t *.t t IICM: O51OO BUILDING DEPARTMENT oL/31/2OO2 DF fIEM: 05600 FIRE DEPARTME}flI CONDITION OF APPROVALCond: 12 (BI-,DG.): FIELD TNSPECTIONS ARE REQUIRED TO CIIECK FOR CODE COMPLIANCE. DECLARATIONS I hereby acknowledge that I have read this application, filled out in full the information required, completed an accurate plot plan, and state that all the information as required is correct. I agree to comply with the information and plot plan, to comply with all Town ordinances and state laws, and to build this structure according to the towns zoning and subdivision codes, design review approved, Uniform Building Code and other ordinances of the Town applicable thereto. T 479-2138 OR AT OlrR OFFICE FROM 8:00 AM - 5 PM. CONTRACTOR FOR HIMSELF AND OWNEF {' r 1;l NWT{WYAIL 75 Sr Frontage Rd. Vail, Colorado 81657 COMPTETE VALUATION FOR PLUMBING PERMIT (Labor & Materials) Building Permit #:_ Plumbins Permit #: Assessors Office at 970-328-8640 orvisit forParcel # WE 'oo'u'u'VA,fiffioilE*'Bff'ffii,- q* Legnl Descrifiion Lot:Block:Filing:Subdivision: O,trvners Name: ll nOOrcss Phone: Engineer: ll Rddress:Phone: Debiled description of work (gp.pe ttetA Aecnrrcrn>Su- hf{oq:rr Work Chss: New ( )Addition( ) Alteration fi Repair( ) Other( ) Type of Bldg.: Single-family ( )Duplex ( ) Multi-family ( ) Commercial!<L Restaurant ( ) Other ( ) No. of &isting Dwelling Unlts in this building:No. of Accommodation Units in this building: Is this a conversion from a wood burning fireplace to an EpA phase II device? yEl l--XoH' *******:t*:t*t*lt*'t***i*t**i****i:t*******FOROFEICEUSEONLYT:!*rr**rr*n**,ri*r**iri*:i***********n**ir F/everyondforms/d mbperrn RECDuuzszooz tt I ! o tr a o 0 Overhead services are not allowed in the Town of Vail. Underground services have to be in conduit (PVC) from the transformer to the electric meter, main disconnect switch and to the first electrical distribution circuit breaker oanel. The main disconnect switch shall be located next to the meter on the exterior wall of the structure easiiv accessible. All underground conduits are required to be inspected before back-filling the trench. In multi-family dweiling units, no electrical wiring or feeder cables shall pass from one unit to another. Common walls and spaces are accepted. NM Cable (Romex) is not allowed in commercial buildings or structures exceeding three (3) stories. No use of aluminum wire smaller than size #8 will be permitted with the Town of Vail. TOWN OF VAIL ELECTRICAL PERMIT GUIDELINES All installations of exterior hot tubs or spa's require a DRB approval from planning. This application will not be accepted without a copy of the DRB approval form aftached (if applicable). If this permit is for installation of an exterior hot tub or spa on a new elevated platform or deck over 30" above grade, you must also obtain a building permit. If this permit is for installation of an exterior hot tub or spa on any existing deck or elevated platform, a structural engineer must review ihe existing condition and verify that it will support the added concentrated load. Please provide a copy of the structural engineers wet stamped letter or drawing with this application. o If this is a remodel in a multi-family building with a homeowners association, a letter of permission from the association is required. u If this permit is for a commercial space, two (2) sets of stamped drawings are required. If you have any questions regarding the above information or have additional questions, pfease contact the Town of Vail Electrical Inspector at97Q-479-2L47. The inspector can be reached on Tuesday, Thursday and Friday mornings between the hours of 8am and gam. You may also leave a voice mail and the inspector will call you back. Date Signed KtrC,tr'?trll lt\1./- {. -.-i' r, fl *: :, Planning and Environmental Commission ACTION FORM ["\ $.) Departrnent of Community Development 75 South Frontaqe Road, Vail, Colorado 81657 3 \\< S-D te1i970.479.2139 fax:97o.479.2452 . | \. .{- , S{ web: www.ci.vail.co.us \lcr-.^\ \-/t \\ct1,t- t- G--\t-..-.--& PEC Number: PEC040016 -P.J.* nq d PECType: VAIL GATEWAY BUILDING at CONDMONAL USE PERMIT - PARKING CLUB AMENDMENTS Pafticipants: ' OWNER VAIL GATEWAY PLAZA CONDOMINI03/15/2004 Phone: 12 VAIL ROAD VAIL co 81657 Licensel APPUCANT GREG GASTINEAU 03/15/2004 Phone: 12 VAIL ROAD SUITE #5OO VAIL, CO 81657 License: 12 S FRONIAGE RD EAST VAIL LocaUon: Lot: N Block Subdivision: VAIL GATEWAY PLAZA CONDC Parcel Number: 210108264008 T(}IIIN Project Name: Project Description: Prcject Address; l.egal DescripUon: Comments: BOARD/STAFF ACTION Motion By: KJESBO Second By: VIELE Votq 6-1 (LAMB OPPOSED) Conditions: Action: APPROVED Date of Approval: 0411212004 Meeting Datez 04/ 12/2004 Cond: B (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0006364 This conditional use permit approval shall be valid upon the applicant receiving Town of Vail approval for the associated amendments to the Vail Gateway Plaza Condominiums plat. Condr CON0006365 The use of parking club spaces within the Vail Gateway Building shall be limited to the parking of motor vehicles and shall not be used for other forms of storage. Cond: CON0006366 Tandem parking spaces designated for a restaurant use within the Vail Gateway Building shall count as two required parking spaces when associated with a valet parking management system; however, tandem parking spaces designated for a (restaurant use within the Vail Gateway Building shall only count as one required parking space when operated without a valet management system..Jrr Planner: Bill Gibson PEC Fee Paid: $650.00 JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER description) I, (print name)----_fb8$,!!tlc'!&^l , a joint owner of property located at (addressilegal provide thisletteraswrittenapproval oftheplansftls6 Jb$r?tq t4,?8O4 whichhavebeen submitted to the Town of Vail Communitv be completed at the address noted above. I further understand that minor modifications may be made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations. L.e,b.ol (Date) Development Department for the proposed improvemenE to I understand that the proposed improvements include: Page 2 of5-01/18/02 t' (,, TIMBERLINE COMMERCIAL REAL ESTATE l.i February 23,2004 Bill Gibson Town of Vail 75 S. Frontage Road Vail. CO 81657 REI Vail Gateway Plaza Condominiums Proposed Condo Map Amendment Dear Bill: Th:is letter serves as the written approval from the Vail Gateway Plaza Condominium Association for the application to amend the existing condominium map. The proposed amendments include the subdivision of individual parking spaces for private sale, the expansion of commercial units C-Z & C-3, and the platting of individual storage lockers for residential use. Ifthere are any questions, feel free to contact me at (970) 476-3436. Thank you. Sincerely,r' - s \/-L=-.-_ Kevin Deighan President Vail Gateway Plaza Condominium Association, Inc. 12 VAIL ROAD, SUITE 60O VAIL, CO 81657 970-47 6-1464 970-47 6-1986 FAX n t+**f*****'i***++11****,t*r+**rt f t***** | +{' * ** l* d' * ***!i * fl + * * ** * * +* ** * * + * * * +* *'* * * * *** * t + * + 't + + * ** * TOWNOFVAIL, COLORADO Copy Reprlnted ou 03-15-2004 at 15:32:57 03/15/2004 Stat€ment *****++*+*{'t * * *** *****f f+ * * * ** * !* * ** * * * * **+ + * *,** *:l * * * * * * + + **'$* * * ** * t * * * * * ** + * * ** * ** * +* *,* *i * + * Statement Nuriber: R0400054 91 tunount. : $550. 0003/1s/zoo4o3 t32 PM Payment Method: Check Init: DM Notation: #1280 Permit No:P8C040015 T]rI)e: PEC - Conditional Use Parcel No: 210108254008 Site Address: 12 S FROIITAGE RD EA.fiT VAIL tocation: 12 S FRONTAGR ROAD EAfiT Total Fees: $650.00 Thia Payment: $650. ooTota1 lLL Prnts: $550.00 Balance: 90.00 aa*** *a*a+ +**+*** ** * * * *** *** +****** * *a ** * +a+l I ++*'l *'i'* * * * * * * * * * * * + * * ** *** *+***++aaft+aar* * * ** ACCOUNT ITEM LIST: Account Code Descri pti on Curnent Pmts PV 00100003112500 APPLICAIION FEES 650.00 - :t' ( m Land Title Guarantee Company CUSTOMER DISTRIBUTION Date: 03-12-2004 Prop€rty Address: 12 FRONTAGE ROAD. AKA UNIT C-l VAIL, CO 81657 Our Order Number: VC50003639-2 AND UNIT C-2. VAIL GATEWAY PLAZA CONDOMINIUM FIRSTBANK OF VAIL 17 VAIL ROAI) vArL. co 81657 Attn: DAVE PORTMAN Phone: 970-479-3308 Fax: 970-179-3309 Sent Via Courier**' VAIL GATEWAY. LLC 12 VAIL ROAD SIJITE 600 vAtL. co 81657 Atb: GREG GASTINEAU Phone: 9?0-476-1464 Fax: 970-476-1986 Sent Via Courier**t GGG. LLC P.O. BOX 5963 VAIL. CO 81658 At[I: MELISSAGREENAUER Phone: 970-477-1783 Fax: 970-477-1784 Sent Vla US Postal Service LAND TITLE GUARANTEE COMPANY ()()3O BENCHMARK RD #216, PO BOX 3480 AVON. CO 81620 Ath: Erika Frahm Phone:970-949-5099 Fax: 970-949-4892 EMail: efrahm@ltgc.com Ifyou have any inquiries or require further assistance, please contact one ofthe numbers below: For Title Assistance: For Closing Assistano€: Your Closer's Assistant: Vail Title Dept. Erika Frahm Kim Taketa Roger Avila 0030 BENCHMARK RD #216, PO BOX 1H80nei 970-7484784 108 S. FRONTACE RD. W. #203 AVON, CO 81620 Fax: 97O4494E92 P.O. BOX 357 Phone: 970-949-5099 EMail: ktaketa@ltgc.com VAIL, CO E1657 Fax 97G949-4892 Phorl'el.970-4762251 EMail: efrahm@ltgc.com Fw;97O47G4732 EMail: ravila@ltgc.com m Land Title Guarantee Company Property Address: 12 FRONTAGE ROAD. AKA UNIT C-l AND UNIT C.2. VAIL GATEWAY PLAZA CONDOMINIUM vAtL. co 81657 BuyerlBorrower: GGG, LLC, A COLORADO LIMITED LIABILITY COMPANY Seller /Owner : PARCEL I: VAIL CATEWAY LLC. A DE WIrb Information: Bank: FIRSTBANK OF COLORADO 1(m3 W@LF^XAWNW T.4KEWOOD CO 80215 Phone: !M3-237-5400 MiI IAND NTIE GUARAI{TEE COMPAATY ABANo.:107M5047 Aooutt 2I&821825 Atlation: Etfu Frahm Date: 03-12-2004 Our Order Number: VC50003639-2 '}t*ll*+*'}*****a*t***f t*rrrr***+aaaatllr'l*|*r*a*l*+*llt+i+*tl*+***t Note: Onoe an original commitment has betn issued, any subsequ€nt nodifications will bc emphasized by underlining or cornments. ft*rrrftr***lt*{tt*r{.******+tt}*tt*tt+a*a***a++ffl*t*a{.al|.ll*'}**t* Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for diredirins to anv of our Sri officdtocatiois. - ESTIMATE OF TITLE FEES Alla Owners Policy 10-17-92 Alta Loan Policy 10-17-92 Deletion of Exceptions l-3 (Owner) Deletion of General Exception 4 (Owner) Tax Report SCH# R032741 Tax Report SCH# R032742 Tax Report SCH# R032?45 Tax Report SCH# R032743 Addittonal Chain Additional Chain $503 .00 s487,00 $700 .00 s70 .00 $75 .00 F75.00 s75.00 s7s .00 s750 - 00 s750 .00 TOTAL s7,5s4.00 tc6 Co&lrc! (a/toolt THANK YOU FOR YOI]R ORDERI 1{ Chicago Title Insurance Company ALTA COMMITMENT Our Order No. VC500036392 ScheduleA Cust. Ref.: Property Address: T2 FRONTACE ROAD, AKA UNIT C.l AND UMT C-2, VAIL GATEWAY PLAZA CONDOMINIUM VAIL, CO 81657 l. Effective Datq February 04. 2004 at 5:fl) P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 10-17-92 $383,600.00 Proposed Insured: GGG, LLC, A COLORADO LIMITED LIABILITY COMPATIY "ALTA" Loan Policy 10-17-92 $555.000.00 Proposed lnsured: FIRSTBANK OF VAIL, TTS SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the land described or referred to in this Commitmeirt and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective dato hereof vested in: SEE ATTACHED 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No. VC50003639-2 4.'litletotteedatea irt€rd orcrd lrrein is { ttedfedi\rerHetsed riedd in PARCEL I: VAIL CATEWAY LLC. A DELAWM LIM EAEEEIII GCG. LLC. A COLORADO U '+ i' Our Order No. VC50003639-2 IEGALEHRPnCN PARCEL 1: CONDOMN.IIUM UNIT C-I CONDOMINII.JMS. IN ACCORDANCE WITI{ AND SIEIECT TO TI{E CONDOMIMUM DECI,.A,RATION FOR VAIL CATEWAY PLAZA CONDOMINIUMS RECORDED ON IANUARY 3I. I99I IN BOOK 546 AT PAGE 877 RECEPTION NO. 443020. AND FIRST AMENDMENT TO THE CONDOMINIUM DECLAMTION RECORDED MARCH 3I. 1999 RECEPTION NO, 691190. AND SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION RECORDED FEBRUARY 27. 2()O2 RECEPTION NO. 787364 AND RERECORDED MARCH 7. 2OO2 RECEPTION NO. 78835T. AND MAP RECORDED ON IANUARY 31. 1991 IN BOOK 546 AT PAGE 878 RECEPTION NO. 44302I. AND AMENDED MAP RECORDED FEBRUARY 27. 2OO2 RECEPTION NO. 787365. AND ACKNOWLEDGEMENT RECORDED APRIL 1I. 2()t)2 RECEPTION NO. 79I9I5. IN THE OFFICE OF THE CLERK AND RECORDER OF EAGLE COUNTY. COLORADO. iocntHnn wtrn RN elsnMnNr ron urIury rNns ns nnscrugno It.t neeo or eRsetvtnNr RECORDED ON MAY 18. 1994 IN BOOK 640 AT PAGE 62T RECEPTION NO. 536670. IABCELA CONDOMNIUM UNN C-3 A CONDOMINruMS, IN ACCORDANCE WITH AND SUBIECT TO THE CONDOMIMUM DECLARATION FOR VAIL GATEWAY PLAZA CONDOMINIUMS RECORDED ON IANUARY 31. 199T IN BOOK 546 AT PAGE 877 RECEPTION NO. 443020. AND FIRST AMENDMENT TO THE CONDOMINITJM DECLARATION RECORDED MARCH 3'I. 1999 RECEPTION NO. 691190. AND SECOND AMENDMENT TO fiIE CONDOMINruM DECLARATION RECORDED FEBRUARY 27. 2OO2 RECEPTION NO. 787364 AND RERECORDED MARCH 7. 2OO2 RECEPTION NO. 788351. AND MAP RECORDED ONIANUARY 31. 1991 IN BOOK 546 AT PAGE 878 RECEMON NO. 4{302I. AND AMENDED MAP RECORDED FEBRUARY 27. 2OO2 RECEPTION NO. 787365. AND ACKNOWLEDGEMENT RECORDED APRIL 1I. 2()()2 RECEPTION NO. 791915. IN THE OFFICE OF THE CLERK AND RECORDER OF EAGLE COUNTY. COLORADO. iocnrlrnn wrrH eN rnsnMnNt ron urtI-lry LNns Rs onscnrgno IN nepn orFRsEIvIEI.tt RECORDED ON MAY 18. 1994 IN BOOK 640 AT PAGE 621 RECEPTION NO. 536670. ALTA COMMITMENT ScheduleB-Sectionl (Requir erne,nts) The following are the roquirements to be complied with: Our Order No. VC50003639-2 Item {a) Payment to or for the account of the grantors or mortgagon of the full consideration for lhe estate or interest to be lnsured. Item (b) Proper instrument(s) creating the estate or interest to be lnsured must be executed and iluly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed agalnst the subJect premises which are due and payable. Item (d) Additional requirernents, lf any disclosed below: I. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TMNSFER TAX HAVE BEEN SATISFIED. 2. WARRANry DEED FROM VAIL GATEWAY LLC. A DELAWARE LIMTTED LIABILITY COMPANY TO GGG. LLC. A COLOMDO LIMITED LIABILITY COMPANY CONVEYING SUBIECT PROPERTY, NOTE: ARTICLES OF ORGANIZATION FOR VAIL GATEWAY LLC. A DELAWARE LIMITED LIABILITY COMPANY DISCLOSE(S) TMBERLINE GATEWAY LLC, A COLORADO LIMITED LIABILITY COMPANY AS THE MANAGER(S). NOTE: ARTICLES OF ORGANIZATION FOR TIMBERLINE GATEWAY LLC, A COLORADO LIMITED LI,ABILITY COMPANY DISCLOSE(S) KEVIN DEIGHAN AND DAVID MUDGETT AS THE MANAGER(S). NOTE: ARTICLES OF ORGANIZATION FOR GGG, LLC, A COLORADO LIMITED LIABILITY COMPANY DISCLOSE(S) MELISSA GREENAUER AS THE MANAGER(S). THE FOLLOWING DELETIONSA{ODIFICATIONS ARE FOR THE OWNER'S POLICY. NOTE: ITEMS I.3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. TJPON THE APPROVAL OF THE COMPANY AND THE RECEIYT OF A NOTARIZED FINAL LIEN AFFIDAVTT. ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS FOLLOWS: rTEM NO. 4 OF THE GENERAL EXCEPTTONS IS DELETED AS TO ANY LIENS OR FUTURE ALTA COMMITMENT ScheduleB-Sectionl (Requirements) Continued: LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF VAIL GATEWAY LLC. A DELAWARE LIMITED UABILITY COMPANY. CHICAGO TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF GGG, LLC, A COLORADO LIMITED LIABILITY COMPANY. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPA}IY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWTTH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES. ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2004 AND SUBSEQUENT YEARS. ITEM 7 I,JNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THE WATER AND SEWER CHARGES ARE PAID UP TO DATE. **,i*!!!r**{.'i NoTIcE oF FEE CHANGE, EFFECTME SEPTEMBER 1, 2002 i***{.****+ Pursuant to Colorado Revised Statute 30-10-421, "The county clerk and recorder shall collect a surcharge of $1.00 for each documenl received for recording or filing ln his or her ofnce. The surcharge shall be in addition to any other fees permitted by statute. " Our Ordor No. VC50003639-2 ?1, !' ALTA COMMITMENT ScheduleB-Sectlon2 @xccprions) Our Order No. VC50003639-2 The policy or policies to be issued will contain cxc€ptions to the following unless the samo are disposed of to thc satisfastion of the Company: l. Rights or clalms of parfes in possession not shown by the publlc remrds. 2. Easemenls, or clairns of easernents, not shown by the publlc records. 3. Dlscrepancles, conflicts in boundary lines, shorlage in area, encroachments, and any facts whlch a correct survey and inspection of the premlses would dlsclose and which are not shown by the publlc records. 4. Alry lien, or rlght to a lien, for seruices, Iabor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or olher matters, if any, created, flrst appearing in the publlc records or attaching srbsequent to the effectlve dale hereof but prior to lhe date the proposed insured acqulres of record for value lhe estate or interest or mortgage thereon covered by this Conunitrnent. 6. Taxes or speclal assessments which arc not shown as existing liens by the publtc records. 7 . Lims for unpald water and sewer charges, if any. 8. In addition, the owner's policy wlll be subjecl to lhe mortgage, lf any, noted ln Section I of Schedule B hereof. S. RTGTfI OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETMTE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED IULY T2. 1899. IN BOOK 48 AT PACE 175. IO. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED IULY 12. 1899. IN BOOK 48 AT PAGE 475. 1I. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE. BUTOMITTINC ANY COVENANT OR RESTRICTION BASED ON RACE. COLOR. RELIGION. SEX. HANDICAP. FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTEM THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42. SECTION 3607 OF THE UNITED STATES CODE OR B) RELATES TO HANDICAP BUT DOES NOt DISCRIMINATE AGAINST HANDICAP PERSONS. AS CONTAINED IN INSTRUMENT RECORDED AUGUST 10. 1962. IN BOOK I74 AT PAGE I79. 12. UTILITY EASEMENT IO FEET IN WIDTH AFFECTING A PORTION OF SUBIECT PROPERTY AS SHOWN ON THE RECORDED PLAT OF VAIL VILLAGE. FIRST FILINC. 'i), i' ALTA COMMITMENT Schedule B - Section 2 @xceptions) Our Order No. VC50003639-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satbfac{ion of the Company: 13, TERMS. CONDITIONS AND PROVISIONS OF ENCROACHMENT AND VIEW AGREEMENT RECORDED DECEMBER 22. 1989 IN BOOK 520 AT PAGE 167. 14. THOSE PROVISIONS. COVENANTS AND CONDITIONS. EASEMENTS AND RESTRICTIONS. WHICH ARE A BURDEN TO THE CONDOMINruM UNIT DESCRIBED IN SCHEDULE A. AS CONTAINED IN INSTRUMENT RECORDED IANUARY 3I. 1991, IN BOOK 546 AT PAGE 877 AND FIRST AMENDMENT THERETO RECORDED MARCH 31. 1999. RECEPTION NO. 69T190 AND SECOND AMENDMENT THERETO RECORDED FEBRUARY 27. 2O()2 RECEPTION NO. 787364 AND RERECORDED MARCH 7. 2OO2 RECEPTION NO. 78835I AND ACKNOWLEDGEMENT RECORDED APRIL T1. 2OO2 RECEPTION NO. 791915. 15. EASEMENTS. RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE CONDOMIMUM MAP OF VAIL GATEWAY PLAZA RECORDED IANUARY 31. 1991 IN BOOK 546 AT PAGE 878 AND AMENDED MAP RECORDED FEBRUARY 27. 2OO2 RECEMON NO, 787365. 16. TERMS. CONDMONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED AUCUST 16. 199I IN BOOK 560 AT PAGE T79. r7. TERMS. CONDITIONS AND PROVISIONS OF DEED OF EASEMENT RECORDED MAY 18. 1994 IN BOOK 640 AT PAGE 62I. THE ABOVE ITEMS AFFECT ALL UNMS) 18. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR ASSIGNED PARKING RECORDED DECEMBER I1. 2(}(l3 AT RECEPTION NO. 861498. {THE ABOVE ITEM AFFECTS UNITS C.l AND C-2) 19. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR ASSIGNED PARKING RECORDED APRIL 17. 2OO3 AT RECEPTION NO. 830212. 20. TERMS. CONDITIONS AND PROVISIONS OF WAIVER OF UNRESTRICTED VIEW RECORDED APRIL 17. E()ffi AT RECEPTION NO. 830213. ALTA COMMITMENT ScheduleB-Section2 @xceptions) Our Order No. VC50003639-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaotion of the Company: 21, DEED OF TRUST DATED MAY 14. 2()()3 FROM GGG. LLC. A COLORADO LIMITED LIABILITY COMPANY TO T}IE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF FIRSTBANK OF VAIL TO SECURE THE SUM OF $5O,()(tO.()(). AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF. RECORDED MAY 16. 2003. UNDER RECEPTION NO. 833716. 1THE ABOVE ITEMS AFFECT UNIT C-3) 22. TERMS. CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED OCTOBER 30. 2OO2 AT RECEPTION NO. 81I94I. 23. DEED OF TRUST DATED OCTOBER 15. 2O()2 FROM GGG. LLC. A COLOMDO LIMITED LI.ABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF FIRSTBANK OF VAIL TO SECURE THE SUM OF $208.687.00. AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF. RECORDED OCTOBER 30. 2002. UNDER RECEPTION NO. 811943. fiHE ABOVE ITEMS AFFECT UNIT C-5) LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS l0-ll-122, notice is hereby given that: A) The subject real property may be located in a speclal taxing dishict. B) A Certilicate of Taxes Due listing each taxing jurisdiction may be obtained frorn the County Treasuier's authorized agent. C) The information regardlng speclal districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September I, 1997, CRS 30-10-406 requlres lhat all documents received for recording or flling ln the clerk and recorder's oflice shall contain a top margln ofat least one lnch and a left, right and bottom margin of at least one half of an lnch. The clerk and recorder may refuse to record or lile any document that does not conform, except that, lhe requirement for the top margln shall not apply to documents uslng forms on which space is provlded for recording or filing information at lhe top margin of the document. Note: Colorado Division of lnsurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every dtle entlty shall be responsible for all matters which appear of record prlor to the time of recordlng whenever lhe title entity conducts the closing and ls responslble for recording or fillng of legal doctments resuldng from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and ls responsible for recordlng the legal documents frorn the transaction, exception number 5 will not appear on the Owner's Title Pollcy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typicdly by deletion of Exception no. 4 of Schedule B, Section 2 of the Commihent from the Owner's Poliry to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which lncludes a condominium or townhouse unit. B) No labor or materials have been furnlshed by mechanics or malerial-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company musl receive an appropriate aflldavlt lndemnl$lng the Company agalnst un-Illed mechanic's and material-men's liens. D) The Company must recelve payment of the appropriate premlum. E) If there has been construction, improvements or major repairs unde aken on the property to be purchased within six months prior to the Date of the Commlhent, the requlremenis to obtain coverage for unrecorded liens will include: disclosure of certain conshuction information; financial information as to the seller, the builder and or the conhactor; payment of the appropriate premium fully executed Indemntty Agreements satisfactory to the company, and, any additional requircments as may be necessary afler an examination of the aforesald information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has conlracted for or agreed to pay. Nole: Pursuant to CRS l0-l l-123, notice is hereby glven: Thls notice applies to owner's poliry commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Sectlon 2. A) Thal there is recorded evidence thal a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that thoe is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal enerry in the proper$; and B) That such mlneral eslate may include the right to enter and use the property wilhout the surface owner's permission. Nothing herrin contained will be deemed to obligate the company to provide any of the coverages refened to herein unless the above conditions are fullv sadsfled. Eblm Drsc.osrRE o9/or/o2 JOINT NOTTCE OF PRIVACY POLICY Fidelity National Financial Group of Companics/Chioago Title Insurance Company and Land Title Guarantee Company July l, 2001 We recognize and respect lhe privacv expectations of todav's consumers and the requirements of aDDlicable federal and state priv=acy laws. We believd that riraklire you aware of liow we use vour tron-oubfic personal lnfbimation ("Personal Inforination''), and to whom lt ls dlscloseif, -will form the basls for a r6lationshiri of truil benrreen us and the'oublic that rve serve. This Privacy Statement provides that explanation. We reserve thi right to change this Privacy' Statement from time to tinie consistent"with applicable privacy laws. In the course ofour business, we may collect Personal Information about you from the following sources: * From appllcations or other forms we receive from you or your aulhorlzed representalive;* From yir:ur hansactions with, or from lhe services 6etng p6rforrned by, us, oirr affiliates, or others;* From -our internet web sites:* From the pullic recor{r -maintained. by governmental entities that we either obtain directly from those entities, oi from our affiliates or othe-rslandI From consumer or other reporting agen'cies. Our Policies Regarding the Protection of the Confide,ntiality and Sectrity of Your Personal Information We maintain physical, electronic and procedural safequards to Drotect vour Personal Information from unauthorized access or intrirsion. We limlt access tti the Personal liformatiori onlv t6 those emolovees who need such access in connection with providtng products or services to you or for other l6gidmate buslneis purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may slare your Personal Information with our alliliales, such as insurance companies, agenb, and other real estate s-ettlemefit service providers. We also rnay disclose ydur Personal lnformatiori: * to agenls, brokers or representatives to Dmvide vou with services vou have re0uested:+ tg tfiird-parg conlraclo_rs or.service providers wlro provide servicds or perforri markeling or other firnctionB ori our behalf: andr to othfrs wilh whom wd enter into joint marketing agreements for producb or services that we believe you rnay find of lnterest. In addition, we will disclose vour Personal Information when vou direct or eive us Dermission, when we are required bv law to do so, or when weiuspect fraudulenl or crlmlnal aciivities, We also mav disclose vour Personal hiformation when otherwise perftitted bv apdicable orlvacv laws such as. for exa"mnle, wheh disclosure is needed to enforce our rights arising irut of any alrrlement, trinsaclion or relationship with ybu. Qne qf th_e importrnt responsibilitles of some of our affiliated companies is to record documents in the pubtc domain. Such documentf may contain vour Personal Informatlon. ' Right to Access You. poronul Information and Ability to Correc-t Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal lnformatlon and, under certaln chcumstances, to find out to whom vour Persodal lnformition has beei disclosed. Also. certain stales afford vou the risht to neouest correctiori, amenC$e_nl or deletion of your Personal Information. We re,serve the right, wherE permiti'ed by law, to charge a reasonable fee to cover the cirsts incurred in responding to such requests. - All-pquests submitted_to_ fte Fldeliff National Financial Group of CompanieVChicago Tide Insurance Company shall b'e in writing, and delivered to'the following address: Privacy Compliance Oflicer FideliW Nadrinal Financial, Inc. 391$9##:%i$f,?30 Multiple Products or Servic,es I we prot'de yog with more lhan one financial producl or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this rnay cause you. - - EbIm PRW. PCL. CHI '! TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department April12,2004 A request for conditional use permit pursuant to Section 12-7E4, Conditional Uses, Vail Town Code, for amendments to the existing private club (i.e. parking club) conditional use permit, located at 12 Vail Road (Vail Gateway/Lots N & O, Block 5D, Vail Village 1s'Filing, and setting for details in regard thereto. Applicant Vail Gateway Plaza Condominium Association, Inc., represented by Greg Gastineau Planner: Bill Gibson SUMMARY The applicant, Vail Gatewa y Plaza Condominium Association, Inc., is requesting a conditional use permit pursuantto Section 12-7F4, Conditional Uses, Vail Town Code, for amendments to the existing private club (i.e. parking club) conditional use permil located at 12Varl Road (VailGateway/Lots N & O, Block 5D, VailVillage 1" Filing. Based upon Staffls review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with one condition, of the requested conditional use permit, subject to the findings noted in Section lX of this memorandum. DESCRIPTION OF REQUEST The applicant, Vail Gateway Plaza Condominium Association, lnc., is requesting a conditionaf use permit pursuant to Section 12-7E4, Conditional Uses, Vail Town Code, for amendments to the existing private club (i.e. parking club) conditional use permit, located at 12Vat Road (Vail Gateway/Lots N & O, Block 5D, VailVillage 1't Filing. The applicant is proposing to amend the existing parking club, located within the Vail Gateway Building, from 39 for-lease enclosed parking spaces lo 13 for-sale enclosed parking spaces, with the remaining 26 enclosed parking spaces being designated for other specific uses within the Vail Gateway Building. The proposed changes to the total number of parking club spaces and the ownership structure for those spaces are the most significant elements of this request. These proposed amendments are in accordance with the proposed amended Parking Plan (Attachment E) and condominium plat (Attachment F). The purpose and intent for a conditional use permit is noted in Section 12-16-1 , Vail Town Code, which reads in part: 1il. tv. In order to provide the flexibility necessary to achieve the objectives of this tifle, specified uses are permifted in certain districfs subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respectto the purposes of this title and with respect to their effects on sunounding propefties... BACKGROUND On July 23, 2001, the Planning and Environmental Commission approved, with conditions, the existing private parking club. The private parking club was approved in accordance with the approved, existing Gateway Building Parking Plan (Attachment C) and the Vail Gateway Plaza Amended Condominium Map (Attachment D). ROLES OF REVIEWING BODIES Planninq and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval/approval with conditions/denial of a conditional use permit. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town.2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas.4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. Conformance with development standards of zone district. Design Review Board: Action: The Design Review Board has NO review authority of a condiiional use permit, but must review any accompanlng Design Review application. 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 whetheror not the Design Review Board or Planning and Environmental Commission ened with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. 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. V. APPLICABLE PLANNING DOCUMENTS Town Staff believes that the following Town of Vail planning documents are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Chapter 12-16: Conditional Use Permits 12-1G1: Purpose; Limitations: ln order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain dr.shbfs subject to the granting of a conditional use permit. Because of their unusual or special characfensfics, conditional uses require review so thatthey may be located properly with respect fo the purposes of this title and with respect to their effects on sunounding propefties. The review process prescibed in this chapteris intended to assure compatibility and harmonious development between conditional uses and surrounding propefties in the Town at la4ge. Uses lsfed as conditional uses in the vaious districts may be pennifted subjectto such conditions and limitations as the Town may prescnbe to r:nsure thatthe location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. VAIL LAND USE PLAN Goal 2.8 - Day skiers need for parking and access should be accommodated through creative so/u0bns such as.' a) lncreased busing from out of town. b) Expanded poinfs of access to the mountain by adding additional base poftals. c) Continuing to provide temporary surface parking. d) Addition of structurcd parking. VAIL VILLAGE MASTER PLAN Goal 5 - lncrease and improve the capacity, efficiency, and aesthetics of the transpoftation and circulation system throughout the Village. 5.1 Objective: Meet parking demands with public and private pa*ing facilities. 5.1.3 Policy: Seek locations for additional structured public and private parking. VAIL TRANSPORTATION MASTER PLAN Parking Need Goal: Retain the pivate parking supply as an important and needed element. vt.SITE ANALYSIS Zoning: Land Use Plan Designation: Current Land Use: Hazards: Special Development District #21 Village Master Plan Mixed-use None VII. SURROUNDING LAND USES AND ZONING North: South: East: West: Land Use CDOT l-70 Right-of-Way Mixed Use Mixed Use Gas Station Zonino Unzoned Special Development District #6 Special Development District #6 Special Development District #36 VIII. CRITERIA AND FINDINGS The review criteria and factors for consideration for a request of a conditional use permit are established in accordance with the provisions of Chapter 12-16, Vail Town Code. A. Consideration of Factors Reqarding the Conditional Use Permit: I . Relationship and impact of the use on the development objectives of the' Town. The applicant is proposing amendments to a private parking club which is allowed as a conditional use in Special Development Distdct #21 . In addition to the Vail Gateway Building, a parking club exists at Golden Peak and another parking club is being proposed at the P3&J site. The existing Vail Gateway pa*ing club consists of 39 parking spaces that are surplus to the Vail Gateway Building's current uses (i.e. commercial, residential, and office). Pursuant to Chapter 12-10, Off-Street Parking and Loading, Vail Town Code, different land uses are required to provide parking at differing rates. For example, within the Vail Gateway Building residential uses are required 1.4 spaces per dwelling unit, office uses are required 2.7 spaces per 1,000 square feet of net floor area, retail uses are required 2.3 spaces per 1,000 square feet of net floor area, and restaurant uses are required 1.0 space per 250 square feet of seating area. As stated, the existing 39 space parking club consists of parking surplus to the current Vail Gateway Building uses. Should the use mix within the Vail Gateway Building change, the parking requirements may also change. This may create additional surplus parking within the building or it may create a shortage and existing parking club spaces will need to be removed from the club and dedicated to other uses. Should the parking club spaces be sold/transferred separately, as proposed, it will be much more difficult to designate club parking spaces to future uses within the building in comparison to the current leased parking club ownership structure. To address this concern the applicant has prepared a parking analysis to identify the "highest demand" parking requirements for the building (i.e. entirely restaurant and/or office uses). Based upon this analysis, the applicant is proposing to amend the parking club conditional usepermittoallowatotal of l3parkingspaces. Thisrequesttolimit the parking club to 13 spaces will ensure that the sale/transfer of the parking club spaces will not create future parking shortages for other potential uses within the building. Staff believes this request conforms to the following applicable Vail Land Use Plan objective: 2.8 Day skiers need for parking and access should be accommodated through creative so/ufbns such as.' a) lncreased busing from out of town. b) Expanded points of access to the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. d) Addition of structured parking. Additionally, Staff believes this request conforms to the following applicable Vail Village Master Plan goal and objective: Goal#5 lncrease and imprcve the capacity, efficiency, and aesthetics of the transportation and circulation system throughout the Village. 5.1 Objective: Meet parking demands with public and private parking facilities. 5.1.3 Policy: Seek locations for additional structured public and private parking. Additionally, Staff believes this request conforms to the following applicable Vail Transportation Master Plan goal: Retain the private parking supply as an important and needed element. By continuing to provide surplus parking, Staff believgs the proposed private parking club amendments will continue the positive impacts of the existing parking club on the above-mentioned criteria. 4. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff does not believe the proposed conditional use permit amendments will have a significant negative impact on the above listed criteria, in comparison to existing conditions. By continuing to provide surplus parking, Staff believes the proposed private parking club amendments will continue the positive impacts of the existing parking club on the above-mentioned criteria. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parklng areas. Staff does not believe the proposed conditional use permit amendments will have a significant negative impact on the above listed criteria, in comparison to existing conditions. By continuing to provide surplus parking, Staff believes the proposed private parking club amendments will continue the positive impacts of the existing parking club on the above-mentioned criteria. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use, in relation to surrounding uses. Staff does not believe the proposed conditional use permit amendments will have a significant negative impact on the above listed criteria, in comparison to existing conditions. The Planninq and Environmental Commission shall make the following findinqs before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Outdoor Recreation zone district. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimentalto the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity.3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. B. tx.STAFF RECOMMENDATION The Community Development Department recommends approval, with one condition, for a conditional use permit, pursuant to Section 12-7E4, Conditional Uses, Vail Town Code, for amendments to the existing private club (i.e. parking club) conditional use permit, located at 12 Vail Road (Vail Gateway)/Lots N & O, Block 5D, VailVillage 1't Filing. Staffs recommendation is based upon the review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Outdoor Recreation Zone District. 2. fhat the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Planning and Environmental Commission choose to approve this request, staff recommends the following condition of approval: 1. This conditional use permit approval shall become valid upon the applicant receiving Town of Vail approval forthe associated amendments to the Vail Gateway Plaza Condominiums olat. X. ATTACHMENTS A. Vicinity Map B. Applicant's Statement C. Existing Parking Plan D. Existing Condominium Plat (excerpt) E. Proposed Parking Plan F. Proposed Condominium Plat (excerpt) G. Public Notice Attachment A' ttI F E i e eI,a !tt 3 It EI Tt3 I 5Ft 5 EtI t & E Attachment: B TIMBERLINE COMMERCIAL REAL ESTATE March 12,2004 Mr. Bill Gibson Town Of Vail 75 South Frontage Road Vail, CO 81657 R3: Vail Gateway Plaza Condominiums Proposed Condominium Map Amendment Dear Bill: HAND DELTVERED This letter serves as the written statement required by our Condifional Use Permit and SDD Minor Amendment applications. Vail Gateway Plaza Condominium Association Inc. and Vail Gateway, LLC as the owners of condominium rmit C-15, are requesting an amendment to the Vail Gateway Plaza Condominium Plat in order to accomplish three (3) objectives. The first is to allow for the expansion of commercial units C-2 & C-3 by approximately 100 square feet each. The second is to deqignate six (6) private storage closets for residential use. The third objective is to subdivide +re1+15-$A of the parking spaces previously approved for a "parking club" into separate condominium units, to allow for the indMdual sale of these spaces to the general public. As the third objective is perhaps the most significant change to the condominium map, I have included with this letter, an analysis of the parking requirements of the Town of Vail and how they relate to the existing and potential future uses of the Vail Gateway Building. This analysis is meant to demonshate that the proposed subdivision of parking spaces for individual sale will not adversely affect the existing, or future uses of the building. The analysis compares the parking requirements of the commercial portions of the building under the existing office use, to those of a higher parking intensity use, such as a restaurant. The analysis appeais to show that the building has adequate parking to accommodate even the highest intensity uses in the rmlikely event that the entire commeroial portion of the building were to be converted to into a restaurant or restaurants. Please keep in mind that the square footage of commercial units C-2 & C-3 on the analysis reflects the proposed expansion area. If you have any questions, or require clarification on any of these proposed changes, please contact me at (970) 47 6-1464. Thank you. VAIL ROAD, SUITE 6OO VAIL, CO 81657 910-476-1464 970-476-1986 FAX t2 Vail Gateway Plaza Condominiums Parking Analysis 4.8.04 Commercial Units Sq. Ft. # of Parking Spaces Currently Allocated # of Parklng Spaces Required for Office Use (2.7 spaces per 1,000 sq. ft.) # of Parklng Spaces Required for ResL Use (4 spaces per 1,000 sq. ft.) C-l,2,3,4 EL 5 c-6 c-7 c-8 c-9 c-10 c-11 c-13 & C-r4 c-15 VISITOR TOTALS Notes: 2,850 710 1,108 t,496 1,100 2,600 I,r69 2,647 457 a I 4 A o 4 c 1 16 7.7 1.92 2.99 4.04 2.97 7.02 3.16 5.99 1.23 0 11.4 2.U 4.43 4.4 10.4 4.68 8.87 1.83 U 14,137 37.02 54.83 1. Parking ratio for restaurant use is calculated on each unit's gross square footage. Acfual parking requirement is based on the square footage ofa restaurant's seating area only. 2' Units C-l through C-5 are combined as one office for Greenauer Design Group. The size reflects the 203 square feet ofproposed expansion area, 3. Units C-13 & C-14 are combined as a restaurant - "Kelly Likenn which will be open for dinner only. 63 I c i,s Parking Analysis 4.8.04 Residential Units # of Parking Spaces # of Parking Spaces Required for Residential Use R-l &R-9 R-2 & R-3 R-4 R-5 R-6 R.? R-8 TOTALS: Notes: 2 4 ,| 2 2 0 2 t.4 t.4 1.4 1.4 r.4 t.4 1.4 18,006 13 Units R-2 & R-3 are combined as one residential unit Units R- l & R-9 are combined as one residential unit Sq. Ft. Currently Allocated ( 1.4 spaces per unit) 2,827 4,622 t,024 3,805 2123 262 3,043 Vlil Gateway Plaza Condomlnlums Parking Analysls 4.8.04 Parklng Units # of Parklng Spaces Sq. Ft. Currently .dllocated P-t P-2 P-3 P-4 P-5 P-6 r-t P-8 P-9 P-10 P-II P-12 P-t3 TOTALS: nla nla nla nla nla nla nla nla nla nla nla nla nla ' Total # of Spaces in the Building: Commercial 63 Residential 13 Parking 13 Ski Locka/Storage 4 93 Attachment C Gateway tsutlAnq ?arhnq Plan ?repared for Trmberhn e Commeraal R.eal Estate Au6ust l3,2OOl *PPRT}'UED BY THE TOWN OF VAIL PtAt{tflt{g AilD Effilnnnilffi,oolilfi88pt{ o*'fE, ,', JdlY9L.,,,.,n ,,,.,, , ntsfiffik tr$n:&lr#infi:ffi*#,Nmwu | . General Overvrew Thls plan o nlended Lo proude a qeneral qutde lor how parhnq wtll be manaqed at the Gateway tsuldnq. The vses contemplated lor the buidrnq nclude ollcelcommercral vses, resrdenhal condomtnums, and a parhnq clvb. The Varkrnq Vlan may need to be amended from ttme-to-lwe lo allow lhe manaqement ol the buldnq to meet, the needs ol poLenlal bvrldnq vsers. 2. Exrstrng ?arhnq Condftrons The parhnq Ior the Gateway Burldnq s located on three levels ol lhe Tarhnq qaraqe conlatnnq 93 parAnq z?aces. f orty-two oI the par\nq s?acei, as onqtnally conslrucled, are landem parhnq s?acei. The Gateway Burldrn6 s also entttled to one Town ol Val " pay-rn-lreu" space pvrchased |or a ?revtaus use n the buidtnq. 3. TarAnqby Use . OtftcelCommerctal Use - 4l sVaces o 26 garhnq 5?aces (Landem sVaces) wll be used by the olhce employees wrthrn the buildnq. Oftce space employees wrll have desrqnated 5?aces and employees wll be requred lo coordrnate wfth oIIcemaLe= on lhe use of the spaces. Iandem s?aces wil be astqned so that only emTloyees ol nd:rdual offrce s?aces will be reqwred lo coordtnale wrth one anolher. G parAn7 5?aces (Landem spaces) wrll also be vsed by ollce and/or commercral emgloyees (dependnq i the basemenL level I commercral s?ace E an offrce vse, reLail vse, or reslauranL use). 7 parhnq s?ace5 (non-tandem) wrll be avarlable as qeneral uertor parAnq 5?ace5. Thrs number may be ncreaEed or reduced Irom ilme f.o ilme deVendnq on how the need lor vrsrtor and employee parkrnq s ex?enenced. All of the commerqallollce parhnq 3?ace5 wrll remarn n the ownershtp ol the buldnq owner to allord maxrmum flexrbrlrty lor uEe ol spaces. Oflce parAnq s?ace5 may be made avaiable to other allowable commerctal uees a3 lonq as hovrs ol operahon do nol conllcl (e.q., a restaurant 5eNnq n eventnq hours). r ResrdentalUses- 13 spaces o 13 Tarhnq 5?aces (O tandem s?aces and 5 non-tandem) wilbe asaqned to resrdenbal unrt:. fhese sVaces wrll remarn n the ownershrT of the burldrn q owner; however, the resrdentral vsers are qvaranteed a ltcense Lo vse lhetr spaces r Parkn€ Club Use - 39 spaces Galeway butldn4 Tarhnq Tlan \ ( r'ti I o 39 ?arktnq i?aces wil be made avatlable lor parhnq club members. o Parhnq club s?aces wll be subpcL to a lease. The bvildtnq owner may lease spaces such thal the parhnq club member has a nqhL lo vse I ol 39 spaces, whrch space may notbe delmftvely defned (r.e., member has a n1ht to park, not a nqht to any sVeaftc sVace). 4. Locatron of Parknq S7aces The buldnq owner shall desrqnaLe parhnq s?ace5, sublecL Lo the wovtstons herern, rn locatrons as he see frts. The rntent rs to allow the owner the maxrmum flexrbrlrty wrth the functron ol the Tarhnq arca so that he wll able lo develoT the most ellectve and ettrcrcnt plan and s able to react to market condftrons, chanqes n bvtldnq vses and users, and s able to meet the needs ol the vtsftors lo the pro?efty. 5. Governance andlnsTecbon The owner aqrees to allow the Town of Val to nsVect the parhnq condftrons at anytme. lI a nasance develops lrom mproper manaqement of Lhe parhnq on thrs Tro7erty, the owner aqrees to address vahd concerns or wolahon= ol the Town of Vatl rn a cooTerat:e-manner. The owner further under=lands thatthe parknq manaqemenl plan e part of the condfttonal use permft for the resrdenhal and parhn4 clvb uses on the proVerly and as svch has the abrlfty Lo take actton n the future rf rt dscovers vrolatrons lo the condrlonal uge permft. Substan1';.al chanqes to the 7arY.:n4 plan shall be reuewed and approved by the Plannrng and Enwronmenlal Commr55ron. C- Yalet. ?arhnq As the owner conttnves lo o?ercte the parAnq areas lo create elhaent vse ol parknq and provde eflechve servce to burldnq wsrtors, he may choose to modfiy the parhnq plan and reallocale s?acei a5 necessary. Thrs may nclvde vse of valet ser\/tce on the ?rc?erty. Thrs wrll depend upon the vllmate mrx ol olfrce or comrneraal vseri on the groperty and lhe hours of operalon ol cerlan us€5. In no case will vehcles be valet parked ofI-stte or wrll such valel parktnq nterlere wrth the abifty to qarn adequate access Lo the ste. A valet sysLem may be added to Lhe srte wtthout furlher revtew by the Flannrng and Enuronmental Commtssron. Gateway butldrnq ParV.nq ?lan Attachmenft 8.. . r r)t h +*!lr{nMd\ . ri{ { / Attachmen[ E Golewoy Building Amended Porking Monogemenl Plon Prepored by Timberline Commerciol ReolEstote April8,2004 't' ,'"', ' l. GenerolOverview This plon is inlended io provide o generolguide for how porking will be monoged ot ihe Gotewoy Building. The uses contemploled for lhe building include office/commerciol uses, residentiol condominiums, ond porking spoce condominium units. The porking plon moy need to be omended from lime-to-time to qllow the monogemenf of lhe building io meet ihe needs of pofentiol building users. 2. Exisling Porking Condilions The porking for the Gotewoy Building is locoted on three levels of the porking goroge conloining 93 porking spoces, os shown on the VoilGolewoy condominium ploi. Forty{wo of lhe porking spoces, os originolly constructed. ore londem porking spoces. 3. Porking by Use . Office/Commerciol Use - 63 sooces o 26 oI the tondem spoces will be used by the office employees within the building. Office spoce employees will hcve designoted spoces ond employees will be required to coordinote with officemoles on lhe use of the spoces. Tondem spoces will be ossigned so thoi only employees of individuol office spoces will be required lo coordinote with one onother. o 2l of the non-tondem spoces will olso be used by office ond/or commerciol employees. o 6londem sooces ond l0 non-iondem sooces will be ovoiloble os generolvisitor porking spoces. This number moy be increosed or reduced from time lo time depending on how the need for visitor porking is experienced. o Office porking spoces moy be mode ovoiloble 1o other ollowoble commerciol uses os long os hours of operoiion do nol conflicl (e.9., o restouronf serving in evening hours). . Residentiol Uses - l3 sooces o 13 porking spoces (8 tondem spoces ond 5 non-f ondem) will be ossigned to residentiol uniis. o These spoces willremoin in the ownership of the building owner; however, lhe residenliol users ore guoronfeed o license to use their spoces. . Porking Spoce Uniis - 13 spoces o 13 porking spoces will be mode ovoiloble for individuol sole. Gotewoy Building Porking Monogement Plon .., | 1 o Porking spoce unit owners will be designoied qs members of lhe condominiu m ossociotion. 4. Locotion of Porking Spoces The owner sholl designote the locotion of porking spoces, subject fo ihe provisions herein. in locotions os designoled on the opproved condominium plot. The inlenl is to ollow lhe owner the moximum flexibility with ihe funclion of the porking oreo so thot the owner will oble lo develop the most effective ond efficieni plon ond is oble to reocl to morkei conditions, chonges in building uses ond users, ond is oble lo meet the needs of the visitors to ihe property. 5. Governonce ond Inspection The owner ogrees to ollow the Town of Voil to inspect the porking conditions of onytime. lf o nuisonce develops from improper monogement of fhe porking on this property, the owner ogrees lo oddress volid concerns or violotions of the Town of Voilin o coooerofive monner. The owner furiher underslonds thot the porking monogement plon is porf of the conditionol use permii for the residentiolond porking club uses on lhe property ond os such hos the obility to toke oction in ihe fulure if il discovers violotions to the conditionol use permit. Substonliolchonges lo lhe porking plon sholl be reviewed ond opproved by fhe Town of Voilsioff. 6. Volel Porking The owner moy from lime to time utilize o volet porking system for ihe property in order lo creote efficient use of porking ond provide service to building visiiors. Use of volet service moy depend upon ihe ullimoie mix of office or commerciolusers on the property ond lhe hours of operotion of certoin uses. In no cose will vehicles be volet porked off-site or will such volet porking interfere with the obility to goin odequote occess to lhe site. Gotewoy Building Porking Monogement Plon Attachment: F -iil" :d q -1 ql Ei =l.l {.F} ' I Y(J4 q fl -o3() { -s4. s \t)r.'oo-o € - l T (}e\* tP Rta sS FF $S iF qs si i* =x s-.8- "H*N *e t*.= b rP\ S:. \ qc EQ citN ^s FH i: Ex ai eN i3 Rs I=A oo q rd a; t 2; !a aaJI .FaIlr ff;3 f! 9t 8d!t? E: ctl a9u!r: El; Eir g ir; I .r. {: H 1 I {D **f i &lalal ..1 H (Jl E{ u.t Ia R a3 hiliaiE h.tf!t"tss-s I(4 ^E) ''<"r ki Xqo-tl.R ^p \{e] 9,_ OA al\tsOO F-L q. q R- \ R a\ N{Na. s Fttrr S \i =N I 9i6li? ie tElfltE' 5E iitz .tl i:!sl.' lit s Eli ol 3l :l ('tl KI \*l F{ r.l 'lAJ$l{ql 9 ag d {+!\y Attachment: G THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on April 1 2, 2004, at 2:00 PM in the Town of Vail Municipal Building, in consideration of: A request for final review of a variance pursuant to Section 12-6D-6, Setbacks, Vail Town Code, to allow for a new primary/secondary residence to encroach into the front and side setbacks and a variance from Chapter 10, Off-street Parking and Loading, Vail Town Code, to allow for required parking to be located within the public right-of-way, located at 2830 Basingdale Blvd./Lot 5, Block 9, Vail Intermountain, and setting forth details in regard thereto.Applicant W.L. Broer ConstructionPlanner: Matt Gennett A request for a minor exterior alteration pursuant to Section 12-78,-7 , Exterior Alterations or Modifications, Vail Town Code, to allow for a commercial addition to the Slifer Building, located at 230 Bridge StreeULot B, Block 5, Vail Village 1"t Filing, and setting forth details in regard thereto. Applicant Slifer Building, LLCPlannen Warren Campbell A request for a conditional use permit pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, to allow for a temporary seasonal structure within the Lionshead Mixed Use 1 zone district, located at 715 West Lionshead Circle/Lots 4 & 7, Block 1, Vail Lionshead 3tr Filing and Lots C & D, Morcus Subdivision, and sefting forth details in regard thereto.Applicant Vail Corporation; represented by Mauriello Planning GroupPlanner: Warren Campbell A request for conditional use permit pursuant to Section 12-7E4, Conditional Uses, Vail Town Code, for an amendment to the existing private club (i.e. parking club) conditional use permit, located atl2Yail Road (VailGateway)/Lots N & O, Block 5D, VailVillage 1"'Filing, and setting for details in regard thereto.Applicant Vail Gaieway Plaza Condominium Association, Inc., represented by Greg GastineauPlannen Bill Gibson A request for a variance from Section 12-21-14, Restrictions In Specific Zones On Excessive Slopes, Vail Town Code, to allow for the construction of driveways and surface parking in excess of 1A% of the total site area, located at 2388 Garmisch Drive/Lot 9, Block G. Vail Das Schone 2d Filing, and setting forth details in regard thereto. Applicant: Snow Now, LLCPlannec Warren Campbell A request for a work session to present an overview of the proposed redevelopment plans for the Lionshead Core Site Hotel, located at 675 Lionshead Place/(a complete legal description of the proposed development site is available at the Town of Vail Community Development Department upon request), and setting for details in regard thereto.Applicant Vail CorporationPlannen George Ruther The applications and information about the proposals are availableJor public inspection during regular office hours atthe Town of Vail Community Development Department, 75 South Frontage Road. The 'O, t public is invited to attrend project orientation and the site visits that precede the public hearing in the Town of Vail Gommunity Development Deparfinent. Please call (970) 479-2138 for addltional r . t information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 47$2356, Telephone for the Hearing lmpaired, for information. Published March 26, 2004, in the Vail Daily. +. fF{t TIMBERLINE COMMERCIAL REAL E STATEr EI February 23,2004 Bill Gibson Town ofVail 75 S. Frontage Road Vail, CO 81657 RE: Vail Gateway Plaza Condominiums Proposed Condo Map Amendment Dear Bill: The following is a list ofthe adjacent property owners as required by our applicatron: 1. Village Inn Plaza Condominiums - Phase I c/o Slifer Management 143 E. Meadorv Drive. #360 Vail, CO 81657 2. Village Inn Plaza Condominiums - Phase 2 c/o Slifer Management 143 E. Meadow Drive, #360 Vail, CO 81657 3. Village km Plaza Condominiums - Phase 3 c/o Josef Staufer 100 E. Meadow Drive. #31 Vail, CO 81657 4. Village Inn Plaza Condominiums - Phase 5 c/o Josef Staufer 100 E. Meadow Drive, #31 Vail, CO 81657 5. Alpine Ventures Inc., dba Alpine Standard JeffMoellentine 28 S. Frontage Road Vail, CO 81657 6. 9 Vail Road Holiday House Condominium Association PO. Box 5733 Vail, CO 81658 12 VAIL ROAD, SUITE 60O VAIL, CO 81657 970-476-1464 970-47 6-1,986 FAX 1, Vt^ll Gah*ta Pft'zu 6Jo' fia5oc ' g. LD{ ,l Vail Gateway Plaza Condominirm Assoc. 12 Vail Road Suite 600 Vail, CO 81657 Colorado DeparErent of Transportation 42OlE. Arkansas Ave., Room 277 Denver, CO80222 'J MEMORANDUM TO: Town Council t%w ?-7 [nnn,Wrnu11*'/) FROM: Departmenl of Community Development DATE: September4,2001 SUBJECT: Update and Board/staff Recommendations on the request for a major amendment to Special Development District No. 21, a rezoning of the underlying zoning from Commercial Core I to Commercial Service Center, and text amendments to Sections 12-7E-4 and 12-2-2, at the Vail Gateway, localed at 12 Vail Road / a portion of Lot N and a portion of Lot O, Block 5D, Vail Village 1s Fiting. Owner: Mountain Owners, L.P. Applicant: Timberline Commercial Real Estate, represented by Braun Associales, lnc.Planner: Allison Ochs I. PLANNINGANDENVTRONMENTALCOMMISSION RECOMMENDATIONS A Rezoning Request lrom Commercial Core I to Commerciat Service Center The applicant is requesting a rezoning the Vail Gateway, located at 12 Vail Road, a portion of Lots O and N, Block 5D, Vail Village 1"' Filing, from Commercial Core '1 (CC1)to Commercial Service Center (CSC). The property, should the rezoning be approved, would then be.zoned Special Development District No.21 with an underlying zoning of Commercial Service Cenler. At the July 23,20A1, meeting, the Planning and Environmental Commission forwarded a recommendation ol approval of the iezoninq of the underlvinq zonino of Soecial' Development District No. 2'l from Commercial Core I to Commercial Service Center to the Town Council with the following lindings: 1. That the proposed zoning of Commercial Service Center is suitable with the existing land use on the site and adjacent uses. 2. That the amendment presenls a convenient workable relationship with land uses conslstent with municipal objectives. 3. That the rezoning provides for the growth of an orderly viable community. 4 That the change rb consr.stenf with the Land Use Plan, B. Request for a Major Amendment to Special Development District No. 21 At the July 23, 2001, meeting the Planning and Environmenlal Commission forwarded a recommendation ol approval of the maior amendment to Soecial Develooment District No. 21 to the Town Council with the following finding: 1 c. That the proposed amendment to Special Development District No. 21 , Vail Gateway, complies with the nine design criteria outlined in Section 12-94-8 of the Town of Vail Municipal Code- The applicant has demonstrated to the satisfaction of the Commission that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. The recommendation of approval included the following conditions: 1. That the applicant completes each of the items listed below regarding basic maintenance and improvements prior to the issuance ot-a T.C.O. tor any of the units (residentialor office) within the Gateway: a. All of the signs for the businesses that are no longer located within the building shallbe removed.b. The sidewalk on the north side of the building shall be repairedc. The floodlights on the northwest corner of the building shall be removed.d. The stairweil on the east side of the building shall be cleaned and repaired.e. The lattice on the east side of the building shall be repaired. 2. That the applicant enters into an agreement with the Developer of the Vail Plaza Hotel East to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve loading and delivery concerns at the Gateway. If a coordinated elfort is reached the applicant shall submit revised plans to the Town of Vail Community Development Department for review and approval prior to building permit. 3. The PEC recommends to the Town Council that the applicant provide housing for 1 to 5 employees. The exact number shall be determined by the Town Council. 4. That the applicant submits an application to the Department of Community Development prior to second reading of an ordinance for a Conditional Use Permit to create housing for 1 to 5 employees, should the Town Council require employee housing. The housing shall be located within the Town of Vail. Text Amendments The applicanl is requesting text amendments 10 Section 12-7E-4 to allow tor private c/ubs as a conditional use in the Commercial Service Center zone district. rn addition, a definition of private c/ub is proposed to Section 12-2-2 of the Town Gode. The proposed definition is as follows: PRIVATE CLIJB: an association of persons and its premises who are bonafide members paying dues, use of such premises being restricted to members and their guests. At the July 2g,2OO1 ,meeting, the Planning and Environmental Commission voted to forward a recommendation of approval of the proposed text amendments wilh lhe following findings: 1. That the proposed amendments are consistent with the development objectives of the Town of Vail as stated in the Vail Land Use Plan. 2. That the proposal is consistent and compatible with existing and potential uses within Vail and generally in keeping with the character of the Town of Vait. D. Other Planning and Environmental Commission Actions The Planning and Environmental Commission also voted to approve the conditional' use permits for the multiple-family dwelling units and the proposed private parking club on July 23, 2001, subject to the adoption of Ordinance No. 24, Series of 2001 by the Town Council. The Planning and Environmental Commission is the final reviewing board on these issues. On August 13, 2001, the Planning and Environmental Commission voted to approve the parking management plan for the Vail Gateway, subject to the following condition: That a staff report regarding the parking situation is transmitted to the PEC within one year or when the office space is leased at 75% of capacity. STAFF RECOMMENDATION The Department of Community Development recommends the Vail Town Council approve (via Ordinance No. 24, Series of 2001) the applicant's request for a major amendmenl to Special Development District No. 21, lhe text amendment to Section 12- 7E-4 and 12-2-2lo allow for the addition ol private club as a conditional use in the Commercial Service Center zone district and the addition of a definition thereof, and the request for a rezoning to amend the underlying zoning of the Vail Gateway from Commercial Core I to Commercial Service Center, subject to the following findings: l. That the proposed amendment to the specia! development district complies with the nine design criteria outlined in Section 12-9A-B of the Vail Town Code. The applicant has demonstrated that any adverse effects of the requested deviations lrom the development standards of the underlying zoning are outweighed by the public benefits provided. 2. That the proposed amendments are consistent with the development objectives of the Town of Vail as stated in the Vail Land Use Plan. 3. That the proposal is consistent and compatible with existing and potential uses . within Vail and generally in keeping with the character of the Town of Vail. 4. That the proposed zoning of Commercial Service Center is suitable with the existing land use on the site and adjacent uses. 5. That the amendment presenls a convenient workable relationship with land uses conslstent with municipal objectives. 6. That the rezoning provides for the growth of an orderly viable community. That the change is consistent with the Land Use Plan. 3 Staff's recommendation of approval of includes the following conditions: 1. That the applicant completes each of the items listed below regarding basic maintenance and improvements prior to the issuance of a T.C.O. for any of the units (residentialor office) within the Gateway: . All of the signs for fhe busrnesses that are no longer located within the building shall be removed.. The sidewalk on the north side of the building shall be repaired. The floodlights on the northwest corner of the building shall b€ removed.. The stairwell on the east side of the building shall be cleaned and repaired.. The laftice on the east side of the building shall be repaired. 2. That the Developer coordinate efforts with the owners of Vail Plaza Hotet to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve potential loading and delivery concerns at the Gateway. If a coordinated efforl can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. 4 TO: FROM: DATE: SUBJECT: MEMOHANDUM Planning and Environmental Commission Department of Community Development July 23, 2001 A request for a rezoning from Commercial Core I to Commercial Service Cenler, a major amendment to Special Development District No. 21 , a lexl amendment to Section 12-7E-4 of the Vail Town Code, to allow for private clubs as a conditional use in the Commercial Service Center zone dislrict, a conditional use permit for a private parking club in the Commercial Service Center zone district, and a conditional use permit to allow for residential dwelling units in the Commercial Service Center zone district, located at 12 Vail Road i portions of lots O and N, Block 5D, Vail Village 1'' Filing. Owner: Mountain Owners, L.P. Applicant: Timberline Commercial Real Estate, represented by Braun Associates, lnc.Planner: Allison Ochs INTRODUCTION TO THE REQUEST The applicant, Mountain Owners, L.P., has submitted an application to the Department of Community Development for the Vail Galeway, located at 12 Vail Road. The proposal consists of three major elements: 1. Allowing office uses and other commercial uses on the first level of the building,2. Adding two residential dwelling units and 4,345 sq. ft. of GRFA, and3. Allowing a private parking club within the building. These three elements of the proposal require lhe following processes: 1. A rezoning of the underlying zoning of Commercial Core I to Commercial Service Center. This is discussed in Section V of this memorandum. 2. A major amendmenl to Special Development Districl No. 21, to allow for the changes in development standards as prescribed by the special development district. This is discussed in Section Vl of this memorandum 3. A texl amendment lo Commercial Service Center to allow tor a private club as a conditional use. This is discussed in Section Vlll of this memorandum 4. A conditional use permit for a private club. The private club proposed is a private parking club, which would allow parking on the site to be available for private use. This is discussed in Section Vll of this memorandum. 5, A conditional use permit to allow for residential dwelling units in the Commercial Service Center zone district. Multiple{amily d-wellings are a conditional use in the Commercial Service Center zone district. This is discussed in Section Vll of this memorandum. The Planning and Environmenlal Commission will be making a recornmendationto the Town Council on the rezoning, the major amendment to Special Developmenl District No. 21 , and the texl amendment to the Commercial Service center zone district. The Planning and Environmental commission is the final review board for lhe conditional use permits. The applicant has identified the following public benefits associated with this application: 1. The proposed application provides for a mix of office and residentia! uses that are consistent with the goals and objectives of the Town of Vail and the Vail Village Master Plan and which are currently not allowed on the property. The proposal brings the property into conformance with the Vail Village Master Plan. 2. The Town of Vail has had the long held goal of bringing employees back to the Town by increasing the supply of office space within the Town. This application implements this long held goal. 3. The proposat will improve the sales tax generated for the Town ol Vail by bringing clients and employees into the Town of Vail who will in turn spend dollars in retail shops and restaurants whereas today no sales tax is generated by a vacant building. 4. The proposal will inject life and activity into an empty building in a landmark setting within the Town and eliminate the perception of economic instability in the Town. 5. The proposed application provides for uses within the buitding that will improve the economic stability of the property and prevent an economically distressed property from becoming a physical and financial burden on the Town of Vail and the property owner. il.STAFF BECOMMENDATION Staff is recommending approval of the rezoning from commercial core I to commercial service center, a maior amendment to special Develooment District No. 21 , a texl amendment to Section 12-7E-4 of the Vail Town Cod'e. to allow for private clubs as a conditional use in the commercial service center zone districl, a conditional use permil for a private parking club in the commercial service Center zone district, and a conditional use permit to allow lor residential dwelling units in the commercial Service cenler zone districl, located at 12 Vail RoadT portions of lots o and N, Block 5D, Vail Village 1'r Filing, subject to the findings and criteria as outlined in this staff memorandum. The specific findings and conditions associated with each application are listed below: Rezoning from CC1 to CSC staff is recommending that the Planning and Environmental commission forwarda recommendation of approval of the rezonino from commercial core I to comnercial Service. center to the Town cou@ 1. That the proposed zoning of Commercial Service Center is suitable with the existing land use on the site and adjacent uses. 2. Thal the amendment presents a convenient workable relationship with land uses consistent with municipal objectives. 3. That the rezoning provides for the groMh of an orderly viable communtty. 4. That the change is consistent with the Land Use plan. Major amendment to SDD #21 staff is recommending that the Planning and Environmental commission forward arecommendation of approval ol the maior amendment to soecial Development Districl No. 21 to the Town Council, subject to the following tinOings: 1. That the proposed amendment to Special Development District No. 21, Vail Gateway, complies with the nine design criteria outlined in Section 12-94-8 of the Town of Vail Municipal Code. The applicant has demonstrated to the satisfaction of the Commission that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. should the Planning'and Environmenlal commission choose to recommend approval of the proposed amendment to SDD #21, staff recommends the following conditions: 1. That the applicant completes each of the items listed below regarding basic maintenance and improvements prior to the issuance of a T.C.O. lor any of the units (residential or office) within the Galewav: a. All of the signs for the businesses that are no longer located within the building shall be removed.b. The sidewalk on lhe north side of the building shall be repairedc. The floodlights on the northwest corner of lhe building shall be removed.d. The stairwell on the east side of the building shall be cleaned and reoaired. e. The lattice on the east side of the building shall be repaired. 2. That the applicant enlers into an agreement with lhe Developer of the Vail Plaza Hotel East to creale a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve loading and delivery concerns at lhe Gateway. Once a coordinated effort is reached the applicant shall submit revised plans to the Town of Vail Community Development Department for review and approval. Should the developer of the Vail Plaza Hotel East not pull a building permit, this condition is eliminated. (Refer 1o Ordinance No. 4, Series of 2000, for the requirements for the Vail Plaza Hotel East) 3. That the applicant submits an application io the Department of Community Development prior to second reading of an ordinance for a Conditional Use Permit to create housing for a minimum of I employees should the required housing be provided on-site. Conditional Use Permit- Multiple-family dwelling units staff is recommending approval ol the conditional use permit to allow for a totalgf 9 multiolejamilv dwellinos at the Vail Gateway, subject to the foilowng findings: 1. That the proposed location of the use is in accordance with lhe purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located, 2. That the proposed location of the use and the conditions under which it would be operated or maintained would 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 would comply with each of the applicable provisions of the conditional use permil section of the zoning code. Conditional Use Permit - Private Club statf is recommending approval of ihe conditional use permit to allow for a private club at the Vail Gatewav, subject to the following tinOings: 1. That the proposed location of the use is in accordance.with lhe purposes ol lhe conditional use permit section of the zoning code and the purposes of the district in which the site is localed. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safely, or welfare or mateddly injurious to properties or improvements in the vicinity. ilt. 3. That the proposed use would comply with each of the applicable provisions of lhe conditional use permit section of the zoning code. The recommendalion of approval is subject to the following conditions: 1. Prior to firsl reading of the amending ordinance, that the applicant provides a parking plan which identifies the use and type of ownership of each individual parking space. This information will be kept on file with the Department of Community Development. Each space must be signed on the site accordingly. 2. That the approval of the conditional use permit for the private parking club is subject to the approval of the text amendments bythe Town Council as outlined in Section Vlll ol the staff memorandum. 3. Thal no more than 39 of parking spaces shall be used as pah of the private club. Text Amendments staff is recommending that the Planning and Environmental commission forward a recommendation of approval of the text amendments of the vail rown code to the Town Council, subject to the following findings: 1. That the proposed amendments are consistent with the developmenl objectives of the Town of Vail as stated in the Vail Land Use plan. 2. Thal the proposal is consistent and compatible with existing and potential uses within Vail and generally in keeping with the character of the Town of Vail. BACKGROUND AND HISTORY OF THE GATEWAY The Vail Gateway was originally the site of the Amoco station, previously zoned Heavy Servicg 1HS). In 1988, an application was received to rezone the propeny lrom HS to cc1 and approve a special Developmenl District to facilitale the development of a mixed-use project which included retail, restaurant, commercial, office, and residential uses. Special Development District No.21 (Vail Gateway) was approved by Ordinance No. 9 in 1988. The expressed PlrPose ol adopting SDD #21 was to allow for the rezoning of the property from HS to CC1. CCI zoning and SDD #2i were adopted to allow for a mix of uses on the property and to allow the development to exceed building height, as otherwise prescribed in the cc1 zone district. Public benefits realized through the adoption of Ordinance No. 9 include, among other things, a pedestrian walkway on the norlh and west sides of the property, and substantial landscape improvements to the Vail Road and South Frontage Road intersection. The following briefly outlines the Vail Gateway's development history: January_3-l_9gg - An application is submitted to the Town of Vail Community Development Department on behalf of Mr. Leo Palmer proposing tha establishmenl of SDD #21 . The.eslablishment of the District would.reouire a rezoning of the property from HS (gas station) to CC1 Februarv 22. 1988 - The Planning & Environmental Commission held a public hearing lo discuss lhe SDD proposal and the rezoning. In lheir memorandum to lhe Commission staff expressed a concern with the proposed bulk and mass of the building and its effects on views to Vail Mountain. The staff further expresses to the Commission that according to the initial work done by Eldon Beck on building heights for the gas station, "The Eldon Beck study does show that building heights for the development of this parcel of land should reach one to two stories." The applicant was requesting a maximum building height of 62 ieet. March 9, 1988 - Jeif Winston, the Town's Urban Design Consultant, addresses the Commission. In his presentation, Jeff offered a brief history on the development of the view corridor for the Vail Village Inn area. The following is the stall recommendalion on the request to establish SDD #21: Staff generally suppotts the mixed use concept proposed in this redevelopment plan and'the concept of the rezoning to CCI . Although it may be considered spot zoning, we feel that the uses are compatible with the adjacent Vail Village lnn Special development District and are appropriate for this location within the community. However, we are not supportive of the uses proposed without the left turn lane and elimination of the surtace parking as well as adequate parking provisions. We feel that the general concept of development proposed by the appticant is appropriate and believe that there is an opportunity here to provide an exciting and aesthetically pleasing entrance into Vail. The Community Development Department staff had, howevbr, major concerns with the project as proposed. Staff felt lhe issues of bulk and mass, height, setbacks, view corridor encroachment and parking were all important issues lhat must be addressed. The staff recommendation for this project was for the Planning commission to table and allow lhe slalf and the applicant to work together to try to resolve some of these issues. Staff believed that with adequate resolution ol the aforementioned issues, staff could support this project. However, as presented, staff believed there were major issues that needed to be addressed and could not support this project as presented. Although many of the uses of the Heavy service District would certainly not be acceptabte in inis location, statf felt that lhe existing seruice station was appropriate to this location. . Staff believed that SDD #21 as proposed, presented impacts thal were nor acceptable. lf the applicant wished to move forward wilh this project as proposed, staff recommendation was for denial. The commissioners voted 3-4 against a recommendation of approval to the Town Council. The dissenting votes were Hopkins, Schultz,'Donovan and Osterfoss. tv. Aoril 5, 1988 - The Vail rown council approved ordinance No. 9, series of 1.988, An Ordinance Rezoning Lot N And A portion Of Lot O, Btock SD, Vaitvillage First Filing From Heavy seruice District To commercia! core I An Establishing special Development District No.2l . In part, the ordinance allowed a maximum height of 54 feet for the Vail Gateway plaza building and the further encroachmenl of a building into the view of Vail Mountain from the four-wav inlersection. *ulv ?9. 1996_- An application is submitted to the Town of Vail Communny Development Department, on behalf of Charles R. Lipcon, proposing a major amendmenl to sDD #21. The purpose of the amendmenl is to enclose an existing deck (460 sq. ft.) on the east side of the upper level ol condominium Unit No.5. altoust 26, 1996 - The Planning & Environmental commission held a public hearing to evaluate the major amendment request. The Building Height Plan shows the Gateway Building at 5 stories, and indicates that it does not conform 1o the plan (story height at 9 feet). The elevalion of the existing ridge was 54 feet above grade along the south elevation. The applicant wished to extend this ridge line approximately 29 feet to the east. This raised the height of .the building in the notch area. staff believed thal the additionalheight was not detrimental given the mass, bulk and height ol the entire building. Following discussion of the request, the Planning & Environmental commission voted unanimously (7-0) 10 recommend approval oI the major amendment request to the Vail Town Council. october 1. 1996-The Vail rown council adopted ordinance No. 17, series of 1996, An Ordinance Providing For The Major Amendment Of Speciat Development District No. Al , Vail Gateway; Amending An Approved Development Plan For special Development District No. 21 ti Accordaice with Qhapter 18.40 Of The Vail Municipar! Code. In adopting the ordinance, the Gouncil found, in part, that it: ...Meets the Design Standards as sel forth in Section 1g.40 of the Municipal Code... and that the major SDD amendment request is in compliance with the goals and objectives of the Vail Comprehensive plan, as well as the purpose section of the SDD Overlay Zone District. ZONING ANALYSIS Please refer to the attached analysis. RE The applicant is requesting a rezoning the Vaii Gateway, located at 12 Vail Road, a portion of Lots O and N, Block 5D, Vail Village 1'r Filing, from Commercial Core 1 (cc1) to commercial service center (csc). The property, should the rezonrng be approved, would then be zoned SDD #21 with an underlying zoning of CSC-. V. The criteria for a rezoning are described in Chapter 12-3-7 of the Town Code and discussed in detail below: A. ls the existing zoning suitable with the existing land use on the site and adjacent land uses? The Gateway is currently zoned SDD #21 , with an underlying zoning of CCl . Ordinance No. 9, Series of 1988, approved the spetial development dislrict, rezoning lhe property from Heavy Service (HS) lo CC1 , and setting forth the development standards for the property. With the underlying zoning of CC1, the uses of the property are limited by horizontal zoning. The only deviation from the current underlying zoning is from the height requirement. The purpose of the CC1 zone districl is: The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area,, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate lighit, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. The applicant has requested a rezoning of the underlying zoning from CC1 to CSC. The deviations from the CSC zone district include: GRFA, setbacks, landscape area, and building height. The purpose of the CSC zone district is: The Commercial Seruice Center District is intended to provide sites for general shopping and commercial facilities seruing the Town, together with limited multipleiamily dwelling and lodge uses as may be appropriate without intertering with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate tight, air, open space, and other amenities appropriate to permifted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. There are two properties currently zoned CSC: Crossroads and the Weststar Bank Building (SDD #23 with underlying zoning of CSC). CSC differs from CCI primarily in that il does not vary the allowable and conditional uses in a building by story. In addition, CSC has different development standards than CC1. B. staff believes that the csc zone district is compatible with the existing and proposed uses on the sile and with adjacent land uses. Adjacentpropefiies include the proposed Vail Plaza Hotel East (S'peciat Development District with underlying zoning of public Accommodition), the proposed Vail Plaza Hotel west (special Development District with underlying zoning of Public Accommodation), and the Alpine Standard Stalion (Heavy Service). CSC allows for similar uses to the CC1 zone district, bul does not have the same horizontal zoning requirements. The CSC zone dislrict has been attached for reference. staff does not believe that the uses allowed by CSC will have any detrimental effects on adjacent uses. However, lhe development standards prescribed by the CSC zone district lend to be more stringent that those of CC1. As a result, the deviations reouired from the underlying zoning will be greater. The deviations are discussed more fully in Section Vl of this memorandum Stalf believes that due to its distance from the Village Core, CC1 is not appropriate for this site. With the designation of "Mixed Use" in the Vail Village Masler Plan, staff believes that CSC is more appropriate for the Vail Gateway. ls the amendment presenting a convenient workable relationship wilh land uses consistent with municipal objectives? Staff believes that the change irom CC1 to CSC presents a convenient workable relationship consistent with municipal objectives. The change in zoning allows for similar uses to what is allowed with CC1, but,allows greater flexibility in the location of these uses. In addition, the allowable density of the property is reduced from 13 units to 9 units, the allowable GRFA is reduced from 80% to 40"/,, site coverage is reduced from 80% to 75olo, landscape area is increased from no requirement to 20"h, and the required lot area is increased from 5,000 sq. ft. to 20,000 sq. ft. Staff believes it is necessary to state that the change irom CC1 1o. CSC does result in a struclure that does not conform to the develooment standards as prescribed by CSG zoning. However, an amendment to the SDD allows for devaitions from the development standards provided that thepublic benefits ol the proposal outweigh any adverse effects of the proposed deviations. This process is described in Seclion Vl of this memorandum. Does the rezoning provide for the growth of an orderly viabte community? Because CSC does nol include horizontal zoning, but allows for many of the same usss as CC'l , staff believes thal CSC riilt provide for the growth of an orderly, viable community. The lack of tenants in the Vail Gateway indicates that the uses allowed under CC1 are not viable in this location. Staff believes that the uses proposed with CSC zoning will be more viable. However, because the uses of the building have gone from retail c_ D. and restaurant uses to otfice uses, there will be a loss of polential sales lax revenue. CSC does allow the flexibility for these uses to return. ls the change consistent with the Land Use Plan? The Vail Land Use Plan identifies the Vail Gateway as part of the Vail Village Master Plan, which is discussed in delail below. Staff has identified the following goals and objectives from lhe Vail Land Use Plan which staff believes are applicable lo this proposal: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance betvveen residential,.commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and u pg raded wh e neve r poss ib! e. 1.12 Vait should accommodate most of the additional growth in existing developed areas (infill areas). 2.2 The ski area owner, the buslness community and the Town leaders should work together closely to make existing facilities and the Town function mare efficiently. 2.8 Day skiers need for parking and access should be accommodated through creative solutions such as.' lncreased busing lrom out of town. Expanded points of access to the mountain by adding additional base portals. Continuing to provide temporAry surtace parking. Addition of structured parking. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented busrness and cultural activities should be encouraged in the core areas to create diversity. More nighttime buslnesses, on-going events and sanctioned "street happenings" should be encouraged. 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 lncreased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide PIan. a) b) c) d) 10 4.3 The ambiance of Vail Village is important to the identity af Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 4.4 The connection between the Vittage Core and Lionshead should be enhanced through: a) lnstattation of a new type of people mover.b) lmproving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, and/or sculpture plaza.c) New development should be controlled to limit commercial uses. 5.1 Additional residential growth should continue to occur primaily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs shouldbe accommodated at varied sites throughout the community. The Vail Village Master Plan identifies the property as "Mixed Use". The Vail Village Master Plan defines "mixed use" as This category includes the "historic" Village core and properties near the pedestrianized slreels of the Village. Lodging, retail, and a limited amount of office use are found in this category. With nearly 270,000 sq. ft. of retail space and approximately 320 residential units, the mixed use character of these areas is a major factor in the appeal of the Vail Village. Specifically regarding the Gateway property, the Vail Village Master Plan, in part, slates: "lf existing approval expires this site should be studied to determine best use." Staif has identified the following goals and objectives from the Vail Village Master Plan which effect this proposal: '1 I Goal #1 - Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.2.1 Objective: Encourage the upgrading and' redevelopment of residential and commercial facilities. Goal #2 - To foster a strong tourist industry and promote year-. around economic health and viab:ilty for the Village and for the community as a whole. 2.1 Objective: Recognize the variety of land uses found in the 10 sub-areas throughout the Village and allow for development that is compatible with these established land use oatterns. 2.4 Objeetive: Encourage the development of a variety ol new commercial activity where compatible with existing land uses. 2.5 Objective: Encourage the continued upgrading, :::n'':I"ii:,;::;i;i::?:";,,i:,::l':?^:'::#1' of our guests- 2.6 Objective: Encourage the development of affordable housing units through the etforts of the private sector. . Goal #5 - lncrease and improve the capacity, efficiency, and aesfhefics of the transporlation and circulation system throughout the Village. 5.1 Objective: Meet parking demands with pubtic and private parking facilities. 5.1.3 Policy: Seek locations for additional structured public and private parking. Staff believes that the rezoning from CC1 to CSC is consistent with the goals and objectlves of the Vail Land Use Plan and the Vail Village Master Plan. THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT PROCESS The applicant is also requesting a major amendment to SDD #21 . The only deviation from underlying zoning when the Gateway was originally approved with cc1 as the underlying zone dislrict was from the height restriclions. The public benefit identified lor the SDD was a pedestrian walkwav on the north and west sides of the property. At lhe time, no employee housing units were required. vt. 12 with the major amendment to the sDD, no exterior changes are proposed. The addition of GRFA and the change in the underlying zoning trodr Ccr to csc require a major amendment to the sDD. lt is imporlanl to note that with the c-hange from cc1 to csc, the deviations from the underlying zone district ofcsc are greater than those from cc1. specifically, the deviatio;s are for GRFA; setbacks, building height, and landscape area. According to section 12-gA-g of the Zoning Regulations: Development standards including lot area, site dimensioHs, sefbackg height, density control, site coverage, landscaping and parking shatt be determined by the Town Council as paft of the approved development plan with consideration of the recommendations of the planning and Environmental Commission. Before .the Town Counci! approves development standards that deviate from the underlying zone district, it . should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in Section l2-9A-g of this Article. chapter 12-9 of the Town of Vail Municipal code provides for the amendment of exis-ting special Development Districts in the Town of Vail. .According to section 12-9A-1 , the purpose of a Special Development District is, To encourage flexibitity and creativity in the development of land, in order to promote lts mosf appropriate use; to improve the design character and quality of the new development within the Town; to facititate'the adequate and economical provision of streets and utilities; to preserue the natural and scenic features of open space areas; and to further the overal! goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. According to Section 12-9A-2, a major amendment to a Special Development District is defined as, Any proposal to change uses; increaste gross residential floor area; change the number of dwelling or arcommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this Section), except as provided under Secfions 12-15-4, "lnterior Conversions", or 12-15-5, "Gross Hesidentiat Floor Area (250 Ordinance)" of this Title. The Municipal code provides a framework for the amendmenl of an established Special Development District. According to ihe Municipal Code, prior to site preparation, building construction, or other improvements to land within a Special Development District, there shall be an approved development plan for the Special Development District. The approved development plan establishes 13 requirements regulating development, uses and activity wilhin the Special Development District. Upon final review of a proposed major amendment of an existing Special Development District, a report from the Planning and Environmental Commission stating its findings and recommendations and a staff report shall be forwarded to theTown Council, in accordancewith the provisions listed in Section 12-16-6 ofthe Municipal Code. The Town Council's consideration of the Special Development Districl shall be in accordance with the provisions of the Municipal Code and approved by two readings of an ordinance. An approved development plan is development, uses and activities of principal documenl in guiding the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of, but nol be limited to, lhe approved site plan, lloor plans, building sections and elevations, vicinity plan, parking plan, preliminary open spaceilandscape plan, densities and permitted, conditional and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part o{ the formal review of the proposed development plan. Unless further restricted through lhe review of the proposed Special Development District, permitted, conditional and accessory uses shall be limiled to those permitted, conditional and accessory uses in the property's underlying zone district. The Munigipal Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development District. lt shall be the burden of the applicant to clemonslrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solulion consislent with the public interest has been achieved. The staff has addressed each of the nine SDD review criteria below: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, bulfer zones, identity, character, visual integrity and orientation. No changes are proposed to the exterior of the building. Therefore, staff does not believe that this criterion applies to this major amendment to the SDD. However, there are some general maintenance concerns that staff has identified and believe should be conditions of approval: 1. All of the signs for the businesses that are no longer located within lhe building shall be removed.2. The sidewalk on the north side of the building shall be repaired3. The flood lights on.the northwest corner of the building shall be removed. the the 14 B. 4. The stairwell on the easl side of the building shall be cleaned and repaired.5. The lattice on the east side of the building shall be repaired. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposal to redevelop the Vail Gateway include the conversion of existing retail and restauranl space into office space, the addilion of two dwelling units, and the addilion of a private parking club. The density allowed by CSC zoning is 18 dwelling units per acre, or 9 dwelling units allowed on this site. The applicant is proposing 9 dwelling units, which is equal to 16.2 dwelling units per acre. Staff believes that these uses are compalible with the surrounding uses, which include the Vail Plaza Hotel East (proposed), the Vail Plaza Hotel West (proposed), and the Alpine Standard. The Vail Plaza Hotel Easl is proposed at 12.7 dwelling units per acre. The Vail Plaza Hotel West is proposed al 6.47 dwelling units per acre. Currently, the HS zoning of the Alpine Standard does not allow any residential uses on the sile. The conditional use permits required for the dwelling units and private parking club are discussed in Section Vll of this memorandum. Emplovee Housinq Requirements As indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for Special Development District proposals. In reviewing the proposal for employee housing needs, staff relied on the Town of Vail Employee Housing Report. This report has been used by the staff in the past to evaluate employee housing needs. The guidelines,contained within the report were used most recently in the review of the Vail Plaza Hotel West development proposal. The Employee Housing Report, was prepared for the Town by the consulting firm Rosall, Remmen and Cares. The report provides the recommended ranges of employee housing units needed based on the type of use and the amounl of floor area dedicated to each use. The figures identified in the Housing Report are based on surveys of commercial-use employment needs of the Town of Vail and other mounlain resort communities. For comparison purposes, Telluride, Aspen and Whistler B.C. all have "employment generation" ordinances requiring developers to provide affordable housing for a percenlage of the "new" employees resulting from commercial development. - "NeW' employees are defined as the incremental increase in employment needs resulting from commercial redevelopment. Each of the communities assesses a different percenlage of affordable housing a developer must provide for the "new" employees. For example, Telluride requires developers to provide housing tor 401" (0.a0) of the "new" employees, Aspen requires that 60% (0.60) of the "new" employees are provided 15 housing and Whistler requires that 100% (1.00) of the "new" employees be provided housing by the developer. In comparison, Vail has conservatively determined thal developers shall provide housing tor 15,/. (0.15) or 30% (0.30) of the "new" employees resulting from commercial development. When a project is proposed to exceed the density allowed by the underlying zone district, the 30% (0.30) tigure is used in the calculation. lf a projecl is proposed al, or below, the density allowed by the underlying zone district, the 15% (0.15) figure is used. This special development district major amendmenl proposal exceeds the density (GRFA is considered a measure of density) permitted by the underlying zone district, and therelore, the 30% figure shall be used. However, for the existing development which did nol exceed density, the 15% figure is used. EMPLOYEE HOUSING GENEHATION ANALYSIS . When SDD #21 was originally approved, no employee housing units were required. The applicant is proposing no employee housing units in conjunction with this major SDD amendment. Staff believes that there is a defined town objective addressing the public need for employee housing. Recent SDDs and SDD major amendments have required EHUs, including, but not limited to: SDD #35 - Austria Haus; 7 EHUs SDD #31 - Golden Peak House: 2 EHUs SDD#7- Marriott Mark: 6 EHUs SDD#30-VAC: 5 EHUs SDD #36 - Vail Ptaza Hotel West: 14 EHUs The staff analysis below indicates the top, the middle and the bottom of the ranges recommended by the Town of Vail Employee Hoqsing Repon, as well as a stafi recommended figure which was used in delermining the employee housing needs ol the Vail Galeway. Staff is providing the Employee Housing Generation Analysis for the existing development and the proposed changes: Existing Development - Bottom ol Range Calculations: a) RetaiVService Commercial =6,904 sq. ft. @(5/1 000 sq. ft.) 34.52 employees b) Multi Family (Club Units) =7 units @(.4/unit) 2.8 employees c) Bar/Restaurant =9,444 sq. ft. @ (5/1000 sq. ft.) = 47.22 employees Total Employees 84.54 = employees (X 0.15 multiplier) 12.7 = new employees Existing Development - Middle of Range Calculations: 16 a) Retail/Service Commercial =6,904 sq. ft. @(6.5/1000 sq. ft.) = 44.88 employees b) Multi Family (club Units) =7 units "tljT*f,"r"; c) Bar/Restaurant =9,4214 sg. ft. @ (6.5n O0O sq. ft.) = 61 .39 employees Total Employeeg 109.07 = employees (X 0.15 multiplier) 16.4 = new employees Existing Development - Top of Hange Calculations: a) Belail/Service Commerciat =6,904 sg. fr. @(8/1000 sq. ft.) = S5.2S employees b) Multi Family (Club Units) =7 units @(.a/unit) 2.9 employees c) Bar/Restaurant =9,444sg.ft. @(B/1000sQ.ft.) = 5.5 employees Total Employees 133.53 = employees (X 0.15 multiplier) 20.0 = new employees Proposed Development - Botiom of Range Calculations: a) Otfice: Professional/Other =12,813 sq. ft. @(5/1000 sq. ft.) 4.07 employees b) Multi Family (Glub Unlts) =9 units @(.4/unir) 3.6 employees ,*o.rolilif FJf '"t"""..r="31uJ,"=0",ffJ31""' . Proposed Development - Middle of Range Calculations: a) Otfice: ProfessionaUOther =t 2,813 sq. tt. @(6.5/1000 sq. ft.) 83.28 employees b) Multi Family (Club Units) =9 units @(.4/unit) 3.6 employees Total Employees 86.88 = employees (X 0.30 multiplier) 26.1 = new employees Proposed Development. Top of Range Calculations: a) Office: Professional/Orher =12,813 sq. ft. @(8/1000 sq. ft.) 102.50 employees IT b)Multi Family (Club Units) =9 units @(.4/unit) 3.5 employees 106.1 = employees 31.8 = new employees Total Employees (X 0.30 multiplier) Staff Recommended Ranoe Calculations: The analysis above has been provided for comparison and discussion purposes. Staff acknowledges that employee numbers determined as a resull oJ the methodology may be inconsislent with numbers generated for olher redevelopmenl proposals. However, in the absence of any other codified or reasonably accepted methodology, or a proposal from the applicant, this approach was used as a basis for discussions. Arguably, staff agrees that other methods of determination could be used to calculate employee housing needs. Most importantly, staff believes lhal the Town of Vail has consislently required applications for redevelopmenl within Special Development Dislricts to mitigate development impacts. Slaff acknowledges that number of units required for final approval has not always equaled the number delermined as a result of the employee generation analysis. Because of the change in uses, slaff believes that the proposal for the Vail Gateway will reduce the number of employees generated by 16.87 employees (trom 84.44 to 67.67). To be consistent in the application oi requiring employee housing to mitigate development impacls and to address the identified public interest, staff recommends that the applicant for the Vail Gateway proposal be required to provide employee housing. Staff acknowledges that there will be an overall reduction in the potential number of employees on the Vail Gateway site 1s a result of this redevelopment proposal. However, staff recognizes that the original SDD approval did not require, nor did the applicant provide, any employee housing. Fundamentally, staff believes that this applicant should be required lo address the impacts of development on this site. The exact number of units or beds 1o be required should be discussed. The Vail Gateway redevelopment application proposes to exceed the allowable density (GRFA is a measure of density) on lhe site, and therefore, the 30% multiplier was used in the determination of employee generation. Under CC1 zoning, the Vail Gateway did not exceed density, so the 15% mulliplier was used. The difference in the number of employees requiring housing is 7.6. This is based on the use of the Vail Gateway as professional offices thal generate the need for year-round employees. Depending upon the size of the employee housing unit provided, it is possible to have up to two employees per bedroom. For example, a two- bedroom unit in the size range of 450 - 900 square feet, is possible of accommodatlng three to four employees. These figures are consistenl wilh the requirements for the Type lll employee housing units outlined in the Municipal Code. The applicant is proposing no employee housing units in conjunction with the proposal. Again, staff recommends that it is necessary for the applicant to provide employee housing to be,consistent in our application of requiring the mitigation of development impacts. Overall, staff believes that the density and uses proposed by the applicant for the Vail Gateway do not conflict with the compatibility, efficiency or workability of the surrounding uses and/or activities. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Town of Vail Municipal Code. Parkino The applicant exceeds the parking requirement as outlined in Chapter 12- 10 of the Town Code. According to Chapter 12-10, the applicant is required to provide 47 parking spaces. According to the exisling plans on file with the office of Community Development, there are g3 spaces in the parking structure. On site, there are currently g2 spaces in the parking structure. Of these, 42 are tandem spaces. Tandem spaces are allowed for valet parking and for residential parking. The applicant is proposing that the private parking ciub will utilize 39 parking spaces. The current parking requirement for dwelling units at the Vail Gateway is 1.4 per unit. However, the applicant is allocating 2 spaces per unit. Valet services will be provided. Staff is recommending a condition for a parking plan that clearly indicates which uses specific parking spaces will be reserved for. According to the Town Code, the proposed uses require 47 parking spaces. There are currently 92 spaces in the parking structure. The applicant is proposing that a maximum of 39 of the spaces will be used for the parking club, leaving a remainder of 6 spaces. This will allow for any fulure expansions or changes in use that would require additional parking to be accommodated on site. Loadinq The applicant is not currently proposing any changes to the loading situation at the Vail Gateway. However, there is a condilion of approval for SDD #6, Vail Village Inn, which states: That the Developer coordinate efforts with the owners of the Gateway Building to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve potential loading and delivery concerns at the Gateway. lf a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Depaftment for review and approval, prior to the issuance of a building permit. Slaff recommends that a similar condition be placed on the Vail Gareway regarding a combined loading and delivery system for the Vail Gateway D. E. F. G. H. and the Vail Plaza Hotel. This will eliminate loading and delivery lraffic from Vail Road, locating it instead on the Frontage Rd. and addresses the concern of the Gateway residential owners that lhe current loading and delivery facility for the Gateway has negative impacts on their enjoymentof the residential units. The implementation of the recommended condition may cause a reduction in the number of parking spaces available for the use of lhe private club. Conformity with the applicabte elements ol the Vail Comprehensive Plan, Town policies and Urban Design Plan. A complete analysis of the Vail Land Use Plan and Vail Village Master Plan are in Section V of this memoranbum. The applicant is proposing no exterior changes as this time. ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. There are no natural ancl/or geologic hazards that effect the applicant's property. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The applicanl is not proposing any exterior changes to the building. Therefore, stafl believes that this criterion is not applicable to this application. A circutation sysiem designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Staff believes that the existing circulation system is appropriate for the change in use. Functional and aesthetic landscaping and open space optimize and preserve natural features, recreation, functions. No exlerior changes are proposed. Staff feels that landscaping and open space are satistactory. in order to views and the existing Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development dislrict. This criterion is not applicable to this project. 20 vil. The issuance of a conditional use permit is required to allow for the residential dwelling units and the private parking club at the Vail Galeway. The applicant isproposing a lotal of 9 dwelling units on the site. The applicant is also proposing that 39 of the parking spaces on site be utilized as part of a private paiking cluu. In add.ition, 240 sq. ft. of the building is allocated to the use'of the parking club,providing guest services to the club members, including ski storage ano restrooms. The review criteria for a request of this nalure are establisheo ny tneTown of Vail Municipal code. The proposal is subject to the issuance of a conditional use permil in accordance with the provisions of ritle 12. chaoter 16. For the Planning and Environmental commission's reference, the conditionar use permit purpose stalement indicales that: ln order to provide the tlexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or specia! characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this titte and with respecr to their effects on surrounding properties. The review process prescribedin this chapter is intended to assure compatibitity and harmonrcus development betuveen conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimentd to other uses or propefties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. A. Consideration ol Factors: . 1. Relationship and impact ol the use on development objectives of the Town. Multiplejamilv dwellinqs: The establishment of a Special Development District does not allow a proposal to vary the uses of the underlying zoning. Multiple-family dwellings are considered a conditional use in the CSC zone districl. The applicant is proposing 9 dwelling units on the property. Staff has identified the following objectives from the Vail Land Use Plan which stalf believes are applicable to the conditional use permit request for the existing and proposed multiple-family dwellings: 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate ih new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited 21 incentives, provided by the Town of Vail with appropriate restricti ons. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserued and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Sta{f believes that the multiple-{amily dwellings meet the objeclives of the Town of Vail. However, staff believes that it is necessary to provide employee housing with this development. Type lll Employee Housing Unils should be developed as part of the new residential GRFA that is proposed. Private club: The applicanl is proposing a privale parking club which, if the text amendment to CSC is approved, is considered a conditional use in the CSC zone district. A similar product can be seen at Golden Peak. Staff has identlfied the following objective from the Vail Land Use Plan which staff believes are applicable to the condilional use permit request for the private parking club: 2.8 Day skiers need for parking and access should be accommodated through creative solutions such as: a) Increased busing from out of town.b) Expanded points of access to the mountain by adding additional base portals.c) Continuing to provide temporary surface Parking.d) Addition of structured parking. In addition, staff has identified the following goals and objectives lrom the Vail Village Masler Plan which are applicable to this projecl: Goal #5 - lncrease and improve the capacity, efficiency, and aesthetics ol the transportation and circulation system throughout the village. 5.1 Objective: Meet parking demands with public and private parking facilities. 5.1.3 Policy: Seek locations for additiona! structured public and private parking. tt 2. Slaff believes that the provision of additional private parking through the parking club is a benefit to the Town of Vail by eliminating some of the pressure on the public parking facilities. In addition, the Vail Transportation Master Plan identifies the following goal: Retain the private parking supply as an important and needed element. Effect of the use on light and air, distribution of population, lransportation facilities, utilities, schools, parks and recreation lacilities, and other public facilities and public tacilities needs. Multiple- lamilv dwellinqs: The addilional dwellings are created by infilling an existing vaulted space within the Vail Gateway. Staff does not believe that there will be any negative effects of the use on light and air. The density proposed is within the allowable density for the CSC zone district. CSC allows for g dwelling units on this site. The applicant is proposing 9 dwelling units on site. Sta{f does not believe that there wlll be any adverse effecls on the above listed crileria. Private club: The private parking club will a positive impact on the above-mentioned criteria. . The provision of private parking lessens the need for additional public parking facilities. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety'and convenience, traffic flow and control, access, maneuverability, and removal of snow lrom the streets and parking areas. Multiole-familv dwellinos: As stated above, the additional dwelling unils will be created by the infill of an interior space. Staff does not believe that the additional dwelling units or existing 7 dwelling units will have any adverse effecls on the above listed criteria. Private club: As stated above, staff believes that the private parking club will be beneficial. lt uses an underutilized parking slruclure. Effect upon the character of the area in which the proposed use is to be located, including the scale and buik of the proposed use in relation lo surrounding uses. Multiple-familv dwellinos: Staff does not believe that the addition of 2 dwelling units, nor the existing 7 dwelling units will have a negative eifect on the character of the area. Adjacenl properties include other mixed use developmenls (Vail Plaza Hotel Easl and West). While there are no current plans to redevelop the Alpine 3. 4. 23 Standard, discussions with the owner have also indicated lhal a redevelopment would include a mixed-use product which would include residential dwelling units. Because there are no exterior changes proposed, stafl does not believe that there will be anv adverse effects on surrounding uses. Private club: Staff does not believe that the private parking clubwill have any negative effects on the characler of the neighborhood. The parking spaces currently exist on site. B: FINDINGS The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 2. That lhe proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed localion of the use and the condilions under' which it would be operated or maintained would 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 would comply with each of the applicable provisions of the conditional use permit section of the zoning code. VIII. REVIEW CRITERIA AND FINDINGS FOR ZONING CODE AMENDMENTS In addition to the rezoning request, the applicant has requested an amendment 10 the Commercial Service Cenler zone district, allowing private clubs as a conditional use in the zone district, Currently, the zoning code defines "private" as "A use, area, property or facility which is not public.' The zoning code currenlly allows private clubs as a conditional use iri the following zone districls: Residenlial Cluster Low Density Mulliple Family Medium Density Multiple Family Public Accommodation Ski Base Recreation In addition 1o amending the code lo allow for private clubs as a conditional use in the CSC zone district, staff is also proposing a definition of a private club. This will allow for grealer clarification in other siluations. The following amendments are proposed: 1 2-7 E-4: CONDITIONAL USES: Private Club 24 12-2-2: DEF|N|TIONS Private Club: an association of persons and its premises who are bonafide members paying dues, use of such prer.nises being restricted to members and their guests. The review criteria for a request of this nature are established by the Town of Vail MunicipalCode. A.Consideration of Factors: 1. That the proposed amendments are consistent with the .development objectives oJ the Town of Vail as stated in the Vail Land Use plan. As a conditional use, the addition of a private club will be subject to the following review criteria: 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, transpoftation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public lacilities needs. 3. Effect upon traffic, with parlicular 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 thte proposed use is lo be located, including the scale and bulk of the proposed use in relation to surrounding uses. The addition of a definition of "private club" will clarify the use in all situations. Slaff believes that this will improve the development review process for both applicants and staff. 2, That the proposal is consistent and compatible with existing and potential uses within Vail and generally in keeping with the character of the Town of Vail. Again, staff believes that as a conditional use, subject to the above review criteria by the Planning and Environmental Commission, private clubs can be reviewed for compatibility with existing and polential uses within the Town in the CSC zone dislrict. 25 lV. Zoning Analysis for SDD #21, Vail Gateway - July 9, 2001 Located at 12 Vail Road / Portions of Lots O and N, Block 5D, Vail Village 1't Filing Development Standard Allowed by CCI zone districl Approved by SDD #21 Existing Allowed by Proposed CSC zone dlstrict Proposed Deviaiion lrom CSC Lot area 5,000 sq. ft.24,154 sq. ft.24,154 sq. ft. or .5545 acres . 20,000 sq. ft.No change None Frontage 30 tt.150 fr.150 ft.100 ft. min No chanqe None Setbacks Est. by Vail Village Design Considerations 18 fr. 20 tt. {q {+ 1ft. 18 ft. 20 ft. 15 tr. 1ft. 20 ft. (allsides)No change +2 tt. none +5 ft. +19 ft. Height Est. by Vail Village Design Consideralions 54 ft.54 ft.35 ft. flat / 38 ft. sloping No change +16 ft. (70% deviation) Density 25 du/acre (13 units)7du 7du 18 du/acre (9 unils)9du None GRFA 80% buildable (19,323 sq. ft.) 12,815 sq. ft.12,815 sq. ft.40% buildable (not to exceed 50% of total floor area) or 9662 so. ft. 17,160 sq. ft.+7,498 sq. ft. (56% deviation) Site Coveraoe 80% (19.323 sq. ft.)64% (15,459 so. ft.)64% (15,459 sq. ft.)75% (18,116 sq. ft.)No chanoe None Landscaping Est. by Vail Village Design Considerations 5.4% (1,309 sq. ft.)5.4% (1,309 sq. ft.)20% (4,831 sq. ft.)No change -3,522 sq. ft. (369% deviation) Parking 63 spaces (current uses) 93 parking spaces 92 spaces 47 spaces 13 spaces for residential 34 spaces for office No change None Loadino 1 berth 1 berth 1 berth 1 berth No chanoe None L Application Supplement For Amendments to the VAIL GATEWAY BUILDING Town of Vail, Colorado June 11, 2001 The Vail Gateway Buiiding was originally proposed in the late- 1 980's and during the review ofthe project there was a great deal ofdebate regarding how this parcel ofland should be developed. The parcel's location at the "gateway''to Vail Viliage made it a very strategic parcel ofland, however it's physical separation from the Village's pedestrian corridors presented a number of other challenges. Ultimately the project was approved as Special Development District No. 21 with an underlying zoning of Commercial Core 1 (CCl) and in the early 1990's the Gateway Building was opened with a mixture of retail shops, restaurants and residential condominiums. Over the past 11 years it has become apparent that the ."ruit *a restaurant aspects of the project simply do not work. At the time of this application a1l restaurant and retail spaces within the building are vacant. Reasons for the failure of businesses within the building cannot be attributed to any one sollrce, however it seems very evident that the site's isolation from the pedestrian areas along Meadow Drive and the Village core make it difficult to attract pedestrians to the project. While only one block off of Meadow Drive, the Gateway Building is apparently too far "offthe beaten path" to sustain retail and restaurant uses. All commercial space within the building is owned by one entity (the six residential units are owned by individual owners). In response to the failure of retail and restaurant uses, the owner of the commercial space has spent the past year evaluating a variety of different development programs in an attempt to revitalize what can only be described as a distuessed property. Existing zoning of the property has proven to be a major constraint to assembling a feasible re-development pro$am for the building. The fundamental problem with the revitaiization of the building has proven to be the CCI underlying zoning. As with arry SDD, the underlying zoning establishes permitted and conditional uses for the proper:ty. The CCI district essentially allows for only retail and restaurant uses on street level. While this zoning was deemed appropriate for the original developers concept for the building, iristory has demonstrated that retail and restaurant uses are not viable. Due to the limited range of uses pemritted on the street level, the CC1 zone district presents a major constraint to the revitalization of this building. Vail Gateway Building, Vail, Colorado Braun Associates- Inc. Page I The proposed revitalization of the building is intended to provide viable commercial activity in this rnixed-use area of the Town and would be accomplished prir4arily by simply broadening tire range of commercial uses pennitted within the building. The major elements of this revitalization proposai include the following: . A change to underlying zoning in order to allow for office and other commercial uses on the street level ofthe building,. The addition of two residential dwelling units on the third floor,o Establishment of a "parking club" within the building, and.. All proposed modifications will take place within the existing building, i.e. no physical expansions ofthe building are proposed. The zone change is intended to allow for office use on the street level ofthe building and will also maintain the mixed-use character of the building. At the same time, this change will allow for a use (office) that is not dependant upon pedestrian traffic. Employees, visitors, and activity will be introduced to the site that at the same time will help support other retail and commercial businesses in the surrounding area. The parking club concept was developed in response to flre over abundance ofparking already existing on the property (after accounting for the changes in potential uses, the property will have a surplus of39 parking spaces). The appiicant believes that this can be a successful use for the property by providing guests and residents the opportunity for "close-in" parking and club amenities, thus reducing demands placed on the town's parking structures. The proposed residential units on the third floor represent a limited expansion of a land use that has proven to be a viable use on the site. Total project density will be within the density levels originally approved by SDD No. 21. The proposed re-development package, taken as a whole, provides a win-win solution for both the owner of the building and the community. In order to allow for these changes, the followilg five applications have been submitted: . Chaage to the underlying zoning from Commercial Core I (CCl) to Commercial Service Center (CSC). This change will allow for office uses on the ground floor of the building. The CSC district is a more appropriate zoning for the property based on the Town's Land Use Plan and Vail Villaee Master Plan. . Major amendment to SDD No. 2l. This amendment will allow for minor changes to the development plan and to development standards and also acknowledge the change to the underlying zone district. . Zoning text amendment to the Commercial Service Center zone district. This amendment will allow for "private clubs" as a conditional use. Vail Gateway Building, Vail, Colorado Braun Associates. Inc. Page 2 Building Vail, Colorado il. Rezoning from Copnmercial Core I to Commercial Service Center The change in underlying zoning from Commercial Core I to Cornmercial Service Center is proposed in order to allow for a wider range ofuses on the property, specifically the introduction of office uses on street level. With the exception of the "horizontal-use zoning" found in the CCl district, there are very few differences in pennitted and conditional in the CCI and CSC districts. There are sorne slight differences in the development standards (i.e. setbacks, building height, etc.) of these two districts. Hewever, SDD No. 2l establishes development standards for this property and as such, any differences between the development standards of CCl and CSS are academic. The only other site in Vail cunently zoned CSC is the Crossroads Plaza. Crossroads is proximate to the Vail Gateway property and also has a very sirnilar context to Vail Gateway. Both sites are located along the Frontage Road and both are located on the periphery of Vail Village. Both properties have been developed as mixed-use projects with office, retail and residential uses. When the Gateway Building was originally proposed the property was zoned Heavy Service and was occupied by a gas station. Not long after the Gateway Buiiding was approved, the Vail Village Master Plan (VVMP) was adopted. This Plan designated the Gateway site as "mixed use". The Plan also defined a portion of flre Village as Comnrercial Core I and tire Gateway Building was not included within this area. As such, the current CCI zoning is in conflict with the land use designation of the VVMP. The proposed change to CSC would be consistent with the VVMP's mixed-use designation and bring th.e property into greater compliance with the Plan. Tbe criteria which the Town uses to evaluate a rezoning request include: Is the proposed zoning suitable with the existing land uses on the site and adjacent land uses? Response: The uses listed in the CSC zone district are nearly tlte same as those containecl in the CCl district. The location of uses within the building dffirs in that the CSC zone allows office uses on any leyel of a building. In rcrnts of compatibility, the CSC zone district is consistent and complementary of the uses located on-site ond on neighboring properties. The proposed CSC zoning will continue to allow mixed uses consistent with the Vail Village Master Plan and the Vail Land Use Plan. Is the amendment preventing a convenient workable relationship with land uses consistent $'ith municipal objectives? l) 2) Vail Gateway Building, Vail, Colorado Braun Associates, Inc. Page 4 Response: The proposed CSC zone district will providefor mixed-use development consistent with the Vail Village Master Plan. Byfunhering the goals of the WMP, this proposal is consistent with municipal objectives. I i t .\:1 - "i "::-*-.i a-:-' - . LEGEND .,,- =+:*.=_r=e* _J,,:rj=S,fii*.8 ,11ttltll r,nil vru-AGE t lF.srEn aLAN Boirhr$ARy ;:.. .'l--lti ,,.r==. .. .l''i:!:ii=: . .,, , '._,n.' ' i--:-----:-i| , I cor*enoA- coRE r r_:_-t i^ .^ ; I. . .' 'I NN:A II.SLUDED I:.I THE 'JFBATJ E!I3N GI]OF PIAN ,i=L..:l-:J ' . : :.' .a '!,a [E-l'*ot*u*Y.'sJRncJNDrr,rG AREA' This map shows the Vail Gateway Building outside of the area designated for CC1 ,oning. ,.. ,.,1-.i ' 1,.. ; j.t,:r ::: .; , ., 1,,:.': 3) Does the zoning provide for the growth of an orderly, viable community? Response: The proposed CSC zone district will providefor orderly growth by allowingfor uses that are consistent with Town goals. This zone change will also allow the owner greater Jlexibility in the range of land uses tlnt will be permissible on the property: In doittg so, this will provide for a more viable property and a more viable community. 4) Is the change consistent with the Land Use Plan? Response: The proposal complies with the Land Use Plan and the Vait Village Master Plan and specifi.cally the following policies : Vail Land Use Plan: 1.1 Vail should continue to grow in a coutrolled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the pennanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. l.l2 Vail should accornmodate most of the additional growth in existing developed areas (inlill areas). 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more effectiveiy. 3.4 Comrnercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 5.1 Additional residential growth should continue.to occur primarily in existilg, platted areas and as appropriate in new areas where high hazards do not exist. Vail Village Master Plan: Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Villaee in order to sustain its sense of communitv and identitv. Vail Gateway Building, Vail, Colorado Braun Associates. Inc. Page 8 Goal #2 To foster a strong tourist industry and prornote year-round economic health and viability for the Village and for the community as a whole. 1.2 Objective: l.2.1Policy: 2.1 Obiective: 2.4 Objective: 2.5 Obiective: 5.1 Obiective: 5.1.1 Policv: 5.1.5 Policy: Encourage the upgrading and redevelopment ofresidential and commercial faciliti es. Additional development maybe allowed as identified by the action plan as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Recognize the variety ofland uses found in the 10 sub- areas throughout the Village and allow for development that is compatible with these established land use patterns. Encourage the development of a variety of new commercial activities where compatible with existing land uses. Encourage the continued upgrading, renovation and Meet parking,demands with public and private parking facilities. For new development that is located outside of the Commercial Core I Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the Zoning Code. Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. maintenance of existing lodging and commercial facilities to better serve the needs of ow guests. Goal #5 Increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout the Village. Vail Gateway Building, Vail, Colorado Braun Associates. Inc. Page 9 IIr.Maior Amendment to Special Development District No. 21 The Vail Gateway Building was developed in accordance with the provisions of Special Development District No. 21. An amendment to SDD No. 21 is necessary to acknowledge the change in underlying zoning and to allow for one change to the previously approved development plan. Physical changes to the building are lirnited to interior modifications only. No modifications are proposed to the exterior of the building. As such, there are no changes to building height, setbacks, site coverage, etc. Interior changes include theproposed change ofuses, the addition of two new dwelling units and the addition of 4,723 square feet of GRIA. Of these three changes, only the addition of GRFA requires an amendment to the existing SDD (the potential change ofuses is addressed by the proposed chzurge in underlying zoning and the addition of two dwelling units does not require an amendment because the existing SDD allows for up to 12 dwelling uuits and there are only six units cunently ou the property). SDD No. 21 currently allows for 13,000 square feet of GRFA. Proposed modi{ications to the building would increase this number to 17,160, or an increase of 4,160 square feet. The vast majority of this new GRFA is a result of converting existing conrmercial square footage to GRFA. Of the new GRFA proposed, oniy 963 square feet of the 4,160 square feet is actually new floor area. This new floor area is created by infilling the mezzanine space on the third floor in the old Michael's Restaurant. The proposed amendments to the development plan are in conformance with the Special Development District review criteria, as applicable to this application, as described below: A Design compatibility and sensitivity to the immediate environment neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Response: The bulk and scale ofthe project are already defined by the existing building and tlterefore the proposed amendments do not have an impact on bulk an.d nnss. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Response: This re-development plan provides for a mixture of office, retail, restaurarxt, service, and residential uses on theproiterty. The building is located in a "mixed use" area identified by the Vail Villase Master. The B. Vail Cateway Building, Vail, Colorado Braun Associates. lnc. Page l0 uses located otx adjacent properties; residential, lodging, retail, and ffices, are compatible with the proposed development progranx. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Town of Vail Municipal Code. Response: All existing on-site parking and loadingfacilities will remain unchanged. Tlte proposed changes to uses within the building will, however, significantly reduce the needfor parking and loading and delivety facilities. Excess parking spaces are proposed to be utilized as a parking club. Refer to the attached CUP applicationfor this club. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design PIan. Response: There are no cltanges proposed to the exterior ofthe building and as such tltis criteria is not relevant. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Response: The proposed amendment has no impact on this criterion. F'. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality ofthe community. Response: There are no changes proposed to the exterior ofthe building or the site and as such lhis criteria is not relevant G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Response: There are no changes proposed to the exterior ofthe building or site and as such this criteria is not relevant. It is anticipated however, that the proposed changes to the building will result in significantly less vehicular n'afJic to andfrom the site. This is prinzarily due to tlrc elimination of Vail Gateway Building, Vail, Colorado Braun Associates. lnc. Page I I 3,760 squarefeet ofrestaurant space that will be replaced by two residential units. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Response: There are no changes proposed to the exterior ofthe building or the site and as such this criteria is not relevant, I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout- the development of the special development district Response: There is no phasing proposed with this amendmen Vail Gateway Building Vail, Colorado Braun Associates, Inc. Page 12 IV.Text Amendment to Commercial Servige Center Allowing Private Clubs A text amendment to the Commercial Service Center zone district is proposed to allow for "private clubs" as a conditional use. Subject to approval of this text amendment, it is the intention of the applicant to gain approval of a conditionai use permit for a private club at the Gateway Building. This club would be established to utilize the excess parking spaces within the Gateway Building. Refer to the attached cuP application for additional information on this club. '?rivate clubs" are currently listed as conditional uses in the following zone districts: Residential Cluster, Low Density Multiple-Family, Medium Density Multiple-Fanily, High Density Multiple-Family, Public Accommodation, and Ski Base Recreation. Examples of private clubs in Vail include the Vail Athletic Club, the Cascade Club, the Passport Club and the Vail Village Club (now closed). The Passport Club at Golden Peak is a recent example where the Town approved a conditional use permit for a private parking club that was defined as a'lrivate club". Allowing for "private clubs" as a cond.itional use provides the Town with the abiiity to review a specific proposal to ensure it is compatible with other uses on the site in the area before permitting the use on the property. This allows the Town ample control over land uses while at the same time allowing the landowner flexibility ia the management and use of its property. The proposed text amendment is consistent with permitted and conditional uses in the CSC zone district and appropriate for those specifrc properties currently designated as CSC. Vail Gateway Buiiding, Vail, Colomdo Braun Associates, Inc. Page l3 V.Conditional Use Permit - Private Parkins Club . There are currently 89 parking spaces within the Gateway Building. This number of spaces was provided in response to the uses originally proposed for the building. Original uses were dominated by restaurant and retail uses that happen to have relatively high parking ratios. With flre changes proposed by these re-development applications, the amount of required on- site parking is sigrrificantly reduced. The following table summarizes uses contemplated for the building and the resulting parking requirement: Use Ofhce (l) Parking Club Residential Sq. Ft.iUnits Ratio 12,573 240 (3) 8 Parkine Required 2.7 spaces/l,000 34 00 Zlunit (2) 16 50 (1) Itis assumed that all 13,600 square feet of commercial space is utilized as ofice. The proposed CSC zoning will also allow for retail and restaurant uses withitx this space. Ifsuch uses occur, any increase in required parking will reduce the number of spaces attailable for the parking club. (2) Town cod.e requires J.4 spaces per dwelling unit, however acisting declarations desigtate 2 spaces per untt- (3) The Parking Club sq. ft. could be increased without increasing the need for parking on the site. As proposed, 39 "excess" spaces will result on the property. The proposed parking club will make these spaces availabie for use, thereby relieving some pressure on the Town's parking structures. The parking club would have the following features: I I Utilization of up to 39 parking spaces, A small club facility that would provide a lounge area, restrooms, changing room, storage, etc. Valet service, which among other things will allow for very efficient use of previously approved "tandem spaces" Parking spaces may be sold, leased or made available on a daily fee basis. A parking club is a relatively new use to the Town of Vail. There is a demand for parking close to the Village Core and the ski portals that has adequate amenities for users (i.e., locker rooms, dressing areas, ski storage, etc.). On this properfy, the parking spaces already exist in an enclosed structure. Provisions existing within the Town's code could allow for these excess spaces to be leased. This conditional use permit will essential allow the applicant the right to provide guest services in conjunction with the parking. This is analogous to efforts the Town has taken to provide "guest service" facilities such as ski storage and rest roorns at the Village Structure. "Conditional" uses are uses that are generally deemed compatible with other permitted and conditional uses within a zone district, subject to compiiance with specific review criteria, If Varl Gateway Building, Vail, Colorado Braun Associates. Inc- Page 14 the review criteria are met by tlie PEC, the use is deemed compatible and approved. The following are lhe review criteria for a conditioiral use pennil: A. Relationship and impact of the use on development objectives of the Town. Response: The proposed private parking club is consistenr with Town objectit es to provide a high level of service to guests and to maximize the use of private parking. This use is expected to lessen demands on the Town's existing parking facilities. B. 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. Respon se: The proposed parking club will have no adt erse impacts on these factors. The parking club is expected to lessen demands on the Town's parking facilities. C. 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 area. Response: Tlte parking club will generate trffic to tlte site, however it is anticipated that atfull utilization, each parking space will generate only one in-bound and one out-bound trip each day. Even with parking club trffic, the overall mix of uses proposedfor the property will result in a reduction of vehicle trips to the property. This is primarily due to the reduction in the number of restaurants located in the building. D. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk ofthe proposed use in relation to surrounding uses. Response: The proposal does not change the bulk and mass ofthe existing building and therefore ltas no impact on this criterion. Vail Gateway Building, Vail, Colorado Braun Associates, Inc. Page l5 VI. Conditional Use Permit - Residential Uses A conditional use pemit is necessary to allow for the existing and proposed residential uses on the property. The residential uses have been in place on the property for the last I 1 years. Two additional units are proposed for a total of eigirt dwelling units. Issues of compatibility of residential uses with commercial activities have proven successful on this project and throughout the Town of Vail. Additionaily, the Vail Village Master Plan recognizes this area as "mixed use", appropriate for a mixture of retail, office and residential uses. The following are the review criteria for a conditional use permit: A. Relationship and impact of the use on development objectives of the Town. Response: The proposed residential dwelling units are consistent with Town objectives and ntaster plans. The Vail Village Master Plan designates this site as "mixed-use". The proposed density ofdwelling units proposed is less than that originally approvedfor the site by SDD #21 (I 2 units were originally approved, eigltt are proposed). B. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and putrlic facilities needs. Response: The proposed residential dwelling units will have little, if any, impact on these issues. C. 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 area. Response: Two proposed dwelling units will have little to no affect on thesefactors. The overall proposed mix of uses on the property will reduce the number of vehicle trips to the proPerty. This is primarily due to the reduction in the number of restaurants located in the building. D. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk ofthe proposed use in relation to surrounding uses. Response: The proposal does not change the bulk and mass of th.e existing building and tlterefore does not have an impact on this criterion. Vail Gateway Building, Vail, Colorado Braun Associates, Inc. Page 16 VII. ProjectDevelopmentStafstics Lot size :24,154 sq. ft, or 0.5545 acres (verift) D€!'elopm€nt Standar Erlsfins Develooment prooosed plenDensi.y |8 udtyacre (9.98 units) 25 units/acrC ( i1g GRFA Setbacks Front Side Rear Site Coverage (max.) Landscape Area (min.) Building Height Commereial Space Parking Club (included in conrnercial space) 1 40% (9,661 sq. ft.) ' 20' 20, 75% 20% 35'flaV38'sloping no,Imitation 80% (19,323 sq. ft.) 54% (13,000 sq. ft.) 0' 0: 0' 80% 0% (no reduction) 43' (40% ofroof), 33' no limitation 18', 20'(s), l5'(N) I' 640/o per plans per plan no limitation 50% (12,077 sq. ft.) t8' 20'(s), 15'(N) I' 64% as constructed as consEucted 16,348 sq. ft. 7l% (17,160 sq. ft.) no change no change no change no change no change no change 12,813 sq. ff. 240 sq. ft. Vail Gateway Building, Braun Associates, Inc. 12-78-l: PURPOSE: The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with iimited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. (Ord. 8(1973) $ 10.100) I 2-78-2 z REQUIREMENTS FOR ESTABLISHMENT; DEVELOPMEN T PLAN: A. Review Required: Prior to the establishment of any Commercial Service Center District or enlargement of District boundaries, the Town Council shall by resolution adopt a general development plan for the proposed District. The development plan may be prepared by an applicant for the establishment of the District or may be prepared by the Town. The development plan shall be submitted to the Planning And Environmental Commission for review, and the Planning And Environmental Commission shall submit its findings and recommendations on the plan to the Town Council. B. Plan Content: The development plan shall show the following infonnation: L Existing topography and tree cover. 2. Proposed division of the area into lots or building sites, and the proposed uses to be established on each site. 3. Proposed locations, dimensions, and heights of buildings on each site, and the locations of parking and loading areas, access drives, principal public and private open spaces, and other site plan features. 4. Relationship of proposed development on the site to development on adjoining sites. 5. Such additional infonnation as the Planning and Environmental Commission and Town Council deem necessary to guide development within the proposed district. C. Plan To Be Guide: The development plan shall be used as a guide for the subsequent developrnent of sites and the design and location of buildings and grounds within the District. All plans subsequently approved by the Design Review Board in accordance with Chapter J i : of this Title shall substantially conform with the development plan adopted by the Town Council. (Ord. 8(1973) $tO.zoO; 12-78-3: PERMITTED USES : The following uses shall be permitted in the CSC District: Banl$ aud financial institutions. Eating and drinking establishments, including the following: I B.koi., and delicatessens with food service. Cocktail lounges, tavems, and bars. Coffee sbops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, including the following: Barbershops. Beauty shops. Business and offrce services. Cleaning and laundry pickup agencies without bulk cleaning or dyeing. Coin-operated or self-service laundries. Small appliance repair shops, excluding furniture repair. Tailoro and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation ofproducts for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Deparhnent and general merchandise stores. Drugstores and pharmacies. Florists. Food stores. Fumiture stores. Gift stores. Hardware stores. Hobby ssores. Household appliance stores. Jewelry stores. Leatber goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Radio and television stores and repair shops. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variefy stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of Section 12-78-2 of this Article. (Ord. 16(1996) g 3: Ord. 27(1990) $ 2: ord. 8(1973) $ 10.300) ' L2-78-4:CONDITIONAL USES : The following conditional uses shall be permitted in the CSC District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter I 6 of this Title: Any use permitted by Section 12-78-3 of this Article, which is not conducted entirely within a building. Bed and breakfast as further regulated by Section l2-lq-18 of this Title. Brew pubs. Commercial laundry and cleaning services. Dog kennel. Major arcade. Multiple-family dwellings and lodges. Outdoor operation of the accessory uses as set forth in Section 12-7I.-5 of this Article. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Type III employee housing units (EHLI) as provided in Cirapter l3 of this Title. (Ord. 6(2000) $ 2: Ord. l0(1998) gg 2,5: Ord.22(1997) g 2: ord. 16(1996) g 4: Ord. 14(1996) g 2:Ord.8(1992) $ 23: Ord. 27(1990) g 4: Ord.3l(1989) g ll: Ord. 20(1982) g 5: Ord. 6(1982) $ 6(a): Ord.l0(1975) g 3: Ord.8(1973) g 10.400) 12-78-5 : ACCESSORY USES : The following accessory uses shall be permitted in the CSC Djstrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Minor arcade Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 6(1982) g 6(b): Ord. 8(1973) g 10.500) 12-78-62 LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be twenty thousand (20,000) square feet of buildable area, and each site shall have a minimum frontage of one hundred feet (100'). (Ord. l2(1978) g 3) 12-78-72 SETBACKS: In the CSC District, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). (Ord. 50(re78) $ 2) 12-78-8: HEIGHT: For a flat or mansard roof, the height of buildings shall not exceed thirty five feet (35'). For a sloping roof, the height ofbuildings shall not exceed thirty eight feet (38'). (Ord. 37(1980) g 2) l2-7 E-9 z DENSITY CONTROL: Not more than forty (40) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet ofbuildable site area, and gross residential floor area shall not exceed fifty percent (50%) of total building floor area on any site. Total density shall not exceed eighteen (18) dwelling units per acre ofbuildable site area. (Ord. 50(1978) g 19: Ord. 12(1e78) $ 2) 12-7F,-10 : SITE COVERAGE : Site coverage shall not exceed seventy five percent (75%) ofthe total site area. (Ord. l7(1991) $ l1: ord. 8 (1973) $ 10.607) l?-7E,-rl: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and Iength of any area qualifuing as landscaping shall be fifteen feet ( l5') with a minimum area not less than three hundred (300) square feet. (ord. t9(1976) g I lA: ord. 8(1923) $ 10.609) l2-7E-l2z PARKING AND LOADING: Off-street parking and loading shall be provided in accordance with Chapter 10 of this Title. At least one-half (l/2) of the required parking shall be located within the main building or buildings. No parking or loading area shall be located in any required front setback area. (Ord. i9(1976) $ l lA: Ord. 8 (1973) $ 10.610) l2-78-l3z LOCATION OF BUSINESS ACTIVITY: ,. A. Limitations; Exception: All permitted and conditional uses by Sections 12-7E-3 and 12-7E-4 of this Article, shall be operated and conducted entirely within a building except for permitted parking and loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display ofgoods. B. Outdoor Display: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 3a(19S2) g a) @6 e N rTn mn A\4 ------11 /A\/ Fn\r' --.1nz@ mX z. 6) cJ)'T! h (f, ggfie iZ -lott- m >< -a to@ \I @('l ON)O.oth b5\J A \*/a,rr'[t., u)T1 \, 88ffff9fi 4=FENE6ts =" €s9 r =gt-3" o -!do 6amI N)€b\lfrt xrod6oNJb L t/t6g 88 GATEWAYH-AZA LOT N. BTOCI( 5D. VAILVIII.AGE IST SOI,JIII ROMAGE ROAD ATVAil- ROAD (!) o d- od-(L .lJ2 + Foz | n l*r 5lir! I t$r* .t$:i-s8li$I;'l qFrli !l!:+!*at a:a8a I I ..Fil tJ agl oo- 8. o- .152 .f Fb/- j E t lr.: fl !fi **Es& *ir:! 5ij IE *d&t: !ri:i; s .$ g Oo+ss s ' !.1 :\Jdd -r{iEJs;8dl z;tFE+u [3 3 s6. P Se*t$ks@trBnI ( .i f ! .3 ir'l ? :i ;;. F, $!tsfrt iilllli!C+iiir:{!iUI !' i ts:! !iTH;: il d ig;; @- €./-- (9-' \!J - I @- t.JF- (.:l - r,)- a) i't- _ EI W I] F FE+TAJhAl.JT orrtc,E F69rDEttUAt- FETAIL iti"ls$,8:Jl,*.t l8,i|: t.:"?; l!!, i ii;i,i;..c?,l5r,,j8itr- --..- Fx,.f :ft r;5::.9[uri.E;r;r:.r1F;!, il;|r!iri:;i*Fii.HliliPJ,liilih. a lo,7? j + a ffi6\)W, RO TO VAIL @- @- @- i (!i - F @ n trl FE91AUPAFJT orFvE PESID€NTIAL FE-TAIL a a qrqs /A'f fi iil3?.itt,ifN.,tu.J-&: * . $r$:{rui"&.!i'1f; .t*rLff }r{..&?!, $ t fLl!:-ti!€:al.!!f8fitu't rr OJ d- q d\d .J k a TJ rp TL t-1||r_+ $o Sg t- dtstps:hn-s, t- &E l*, $ ll::.$. l:rFiii d$f#il h:iFtll r; i !!iBl =Fd3' l: 8.,. I5:! 3 r lf;:.F i l*$''!i slfrr:iil El ir:! *i l4l i :: ,!li rgl i: r! iil; IIt9@ ,tl ORDINNTCE }IO, 9series of L9E6l- P^+eu\ 5 l'1 bWry Al{ ORDIN}NCE REZONI}C A PART OF IIN N A}tD A POErION OFLsr o, Br.m( 5D, \aIL.\IlLIItr rf,nsl r, IJl,G FROM HEAVISER\IICE UTSIRTCT IO CCM.IRCTAL CCRE I A}ID Fs:ABITS,DIG SPECIAI, DEVEIOP!4EIII NUMBER 21 FOR A peRr or rgr N,lryA lgryIc| oF I('I O, BMK sD \nlr I/TLLAGE rrnsr ru.ncIN A@RDANG WItrI CIhPII]R 18.{O Or THE IIAII, MXrI@AI,@uE NtD SSnErc MDr Dqralrs IN nmano nmero. wtElEAS, o.|apter 18.40 of the Vait hrnicipal code authorizes SFeciaL Derr'ercrrErt Di-sbicts within ttre lc*rn in order to e'courage fled.bir.ity i', tne develcfnert of lard; ard wrREAS, aplicaticn has been nrade for sp€clar DevercF=nt Di-Stfict apro'ar for certain Falels of prlq)erty withln ttre fbrn b*on as a patt, of IoE N, ard a porbim of l.ot o, BLod{ 5D, i1 viu.age pirst rihrg to be lsrom as Special, Develcpnent District No. 21, cdmbnL)' refelTed tD as the Vait cat€rf,ay; ard I*IEREAS, al4rlicatiqr has n:*trer been nrade to rezq," a part of Lot N, ard a porticn of Lot O, Elock 5D, vail vjl,Iage Fjjst fil.ir,g frqr lGaqi, Senrice District to Comercial Oore I District in order to aLlcD for t}le hnge of uses ard activities propced for SDD No. Zt; ard viHEREAs, in accbrdance w'iti seoiion L8.66.140, the llannir:g ard &rvi:nrgr'ntat cqrnission had a prblic heariig on tlte propced zonirs ar'erdrcnt ard tbe prcposed SDD, al'd bas $bdtted it.s ledfiErdaticn to tie lcr,rn ccorEU; ard I*DREAS, 'rr noticas as r€quired ttr Sectlcn 18.66.0g0 bave been sent to the appropriate parties; ard !I!EREAS, the trsr.nr Ccuncil has held a public hearijg as reqrdred b], Chaflr:tl 18.65 of the l4lllicipal @de of t}le lrown of vail. twil, rHmerw, BE xt oRmINED S:{ lID TUdN CCIJNCTL oF lHE lttiH oF vAIr, @LAADO, lln{F! Sectlql 1. Ihe :Ibdn Aorrcjl- fjrds that tl}e plEedures for a zdri"rE anEnah€nt as set torth in Glapt€r 18,55 of tln M[licipal @de of ttre lUa'n of vail, ba\re been fuIlv satisfied, ard all ottrer leEd:srEnts of tlre !{r:nicipal @ale of the Tcnm !€fatj.1'q to zotjj|g arErdrEnts have been fully satisfied. sectiorl 2. Ihe lr('rn ccxrncil her€ry leztrps the p!€Ferty mre partiatarly desej-bed jn Dtdbit A, attacbed her:eto, frar HeaW Ser:vice District to CCrlIIpJrciaI Cole f. Sectiqr 3. Ihe ltsJn cqrncU firrls tbat atl ttre procedures set fortfi for Special Deve]cFrEnt DistJicts in Chapter 18.40 of t}le ltu.riciF.t Oode.of t}le l\}rn of Vail have been fulty satisfied. Sedion 4 . ltre lud'ocuncil ffuds ttnt the deveroFr*nt pran for special DeveroF,ent Distrlct No- 21 n.et-s eadr of tI€ stadards set forti in section 1g,4o.ogo of the ur:nicipal code of the ftrm of vaiL or dsrpnstr=tes that eitier one or rpre of tt* t. ..' Speciat Dsreloltrtsnt Dis13ict No. 21 is appro\red ard Speciaf DevelofEnt Di.strict.., No. 21 is hereby arurwed for the prc[ErEr desaibed h D*libit A. The plan i< crg:ri,sed h'iti those plans sdrnitted by brff Arnold, Ned C€thrqr, Archit€ct, Pc, ard ctr)sists of tlre follo,rilg doannents: 1. Site pLan, alated ltardr 28, 1988 2. Eloor PIarE dat€d Itardl ZB, 19BB 3. Elevaticnrs dated l.tarc}l zB, 1988 4. Ia#scape Plan dat€d Marctr 28, 19BB 5. special Develqlent Distrid .eFplicaticn ani F vir€rnEntal lrrf;"t n+*+,';l a.s prepaled bV Feter Jarnar: Associates. nrE., daled. Jajuaq. l9ss. and ,""i=ad 1,,, lrard} 9, 19BB Section 5. Ihe develq:rent stardards for Speciat Develrynent District l.to. 2l ale aSproued i bt tne Tc'\^,rr Ccrmcil as a palt of t}|e al4)t:c,1/ed develo[rienL plan as foLl-crrs: A. Setbacl€ S€tbacks shall be as irdicatert on tlre site plan set ttris ordirnnce. B. Heidrt foLth in section 4 ; B$J.djrq heigttts stE]-l be as irdicated qr t].e elevaticns ard rDof plan s€t lortb iJ| SecElqr 4 of tbis ordimDce. C. Co\reraqe Site coverage shall be as ird.icatrd on ttre site plan set, fortlr in 4 of tlis Lan apinq ( The area of the site to be landscaped shalI be as generaLly indicated on the prelininary landscape plan set forth in sectj.on 4 of this Ord.inance. A detailecl landscape plan shalL be subnitted to tbe Design Revleu Boaral for final approval . E. Parkinq shall be raet in accordance with 95 parking spaces. F. Dens i ty The density allorreat in S.D.D. consisting of not nore than a Section 6. Uses as proposed on the development plan as per Seetion 4 gf this ordinance are hereby approveal. The uses of Special DeveLopnent District No. 21 are uses perrnitted by iight, conditional uses or accessory uses in the contnercial Core I zone district. The pemitted uses in the special developnent district shall be the satne as those uses pennitted in the Connercial Core I zone district, cond.itionaL uses in the special development d.istrict sha1l be the same as the conditional uses listed in the comnercial core I zone district, and accessory uses iri tbe special deveLopnent district sball be the sane as the accessory uses listed in the Co:nrnercial Core I zone district. Section ?. Following are cond.itions of approval lor Special De,veloprnent District 21: L. The appLicant sball secure perrnission of the property ouner of the standard Oil property to cornpLete construction of the landscape lnprovenents as shoL'n in the approved develop:nent plan for S.D.D. 21 prior to recelving a final certificate of occupancy, Prior to recelving a building permit, the applicant nust provide evidence irhich is satisfactory to the Town council and fovn Attorney that deronstrates the financial ability to cornplete the construction of the proJect as planned construction nust conmence before July lst and the project Dust be enclosed by Novernber 13th of rthatever year construction cornnences. The approval qhal,l be valid for three years. The appl.icant shall construct a sidelralk frorn the 1lne of Special Developnent District No. 21. to the existing vail Village trnn access off of vail Road. Parking denands the developer, s of, thj-s d,evelopnent proposal to provide NO. 21 sha1l, be 12 dweLling units total of 13,000 square feet of GRFA. southern property north side of the 4. Section 8. el'ErdrEnts to tle aFprsved develc[xEnt plan r,rtric]r do hot dla rge its substance rEy be approved bl' ttre Plannjrg ard Envi:rcnrentat Consnis_sion at a regularly sc$eduled p:bLic beari_rg in accordanoe witi t}te pr$risions of Section lg,66.060. AnEr&e*s \atridl do dnrge tfie substance of ttre d€rrclofrEnt plan sbal.I be atrprsved j:r accordarre with sechions 1s.66.u0 tlrEi€h 18.66.1c0. rhe ccrrtoJnity DeverqrrEnt DeparbrEnt sball be sotely rEs!tr)slble for deterrrinlrrf \.rtEt costitut€s a clrarge in tle subGtanoe of the derrelc4rrent p1ar. An applica.tion for a ars.drent to tllis Special DeveloFEnt Dj-strict *dcb d:arges tbe sr:bstance of the devef-ofrEnt plan s,lrafl c(rrF'ly vitb t]€ t:equjrelrE rts of Section t8.4o.o3o except tlat the Cqm.ydty Develcpent DeparbrEnt stlall deteJfirine ftic.h prcperty in t}te special. DeveloFEnt DistricL is bebs dilectly affect€d [r suctr alrerdnent ard tbe consent of on]y t$os€ ('vrners of said pr€perqr sbalL be reEri-red to be ircluded in tlre application. Secticrn 9- . tf an)r par!, ser:tlon, sr:bsection, sentence, ctause of 1tras€ of Uris ord,i-rnrrce is for any reasdl held to be ir|\,-a].id, sudt decj.sion shall not affes! tle v-dl'idity of the rsnaini-rg porLiorrs of tllis ordjrance; ard the Ttsr^m CounciJ. herEblr declares it r,,crr1d have pass€d this ordjrance, ard eac] part, sec:tion, subsection, s€ntence, clause or trfirase thereof, t 99rdl"=" of t}le fact tbat any one or trpre parts, secbions, sube;€ctions, sent€rEes, clauses or Fhrases be declared irwalid. Section 10. Ihe TttrIr CcrlrEil, heretl' firds, det€]:rtriies ard declares t]at t]ris Ordinrre is necessary ard proper fo! the bealt}l, safety ard welfare of ttle trcr^'n of Vail ard ure bhabitants tleaeof . SecLion 11, The repeal or tle ::epeaf. ard r€erEcbrEn! of any provisions of vaiJ. l!_uricipal Code as prcvided jr this ordinare stEll not affect any rigbt wtlidl has accrued, any duty jj,Fced, ar\r violation tl|at errred prior to the effective date hereof, arDr lxs€cution hor any citlEr action or procee4irg as ccrwEnced trder or by virtue of ttre prorrisicin repeEled or repealed ard res|acteat, The repeaL of ary prov5sion heretry sbaLl nob revive any proltjsion or any oldjrarpe prevlqEly r€pealed or srpers€ded rlnlese e)q,lpssly stated herein. v !'tmouJcED, nEAD AltD pAssED c.{ Elnsr nEADII{G rHrs Sth day of April , 1988, ard a tr$Iic hea::irg slralf be held cm ttris ordlnarre ffi the sth day of' April , l98E at ?:30 p,tn, jr tlte ccrll|cit charber:s of t}le VaiI rtnicipaf. tuildirb, VaiI, 6]orado. Odered Erblistred jn full this sth day of Aprll INTSOUTCED, READ tt{D tppnolrED Cr.t sE@{D READING AI|D caERED pgBr.TsHED tnfs 19th day of Aprit , Fb 1988, oRDINANCE 17, Series of 1996 AN ORDINANCE PAOVIDING FOR THE MAJOR AMENDMEI{T OF SPECIAL DEVELOPMENT D|STR|CT NO. 21, VA|L GATEWAy; AMENDTNG AN AppROvEDDEVELOPMENT PLAN FOF SPECTAL DEVELOPMENI O'STNICT IIO. 2I IN ACCORbANCEwrrH cHAprER 18.40 0F THE oFTHE vArL MUNrcrpAL coDE; r_ocaieo aili veii-ROAD/A POFTION OF LOT N, AND A POBTION OF LOT O, BLOCK 5D, VAIL VILLAGE iiT FILING, AND SETTING FOBTH DETATLS IN REGARD THERETO. wHEREAS, Chapler 18.40 0f the Vair Municipar code authorizes speciar Deveropment Districts within rhe Town in order lo encourage flexibirity in the deveropmenr of rand: and WHEREAS' speciar Deveropment oistricr No. 21 was e$abrished by rhe Town council on znd Reading ol Ordinance No. 9, Series t 9gg. WHEREAS, the developer and applicanl, Vail Apartments, Inc., has submitted an application for a major special Development Districl amendmenl for a certain parcel of property within the Town, known as the vair Gateway Buirding, and as speciar Deveropment Districr No. 21i and WHEBEAS, in accordance with Section 19.66.140, the planning and Environmental Commission, on August 26, 1996, held a public hearing on the major amendment of an SDD and has submified its recommendalion of approvalto lhe Town Council: and WHEREAS, all noriceE as required by Section 18.65.090 ol the Vail Municipat Code, have been sent to the appropriate parties; and WHEREAS, the maior amendmenl to the approved development plan has been reviewed pursuant to Section 18.40.100 of ihe Town of Vail Municipal Code; and WHEREAS, the Town Council has hetd a public hearing as requked bi, Chapler t8-66 o, the Municipal Code ol'the Town of Vail; and WHEREAS, the Town councir considers rhat it is reasonabre, appropriate and beneficial to lhe Town and its citizens, inhabitants and visitors lo amend the originally approved special Development District No. 21. . NOW, THEREFOBE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Report. The review procedures prescribed in chapter 1g.40 of lhe vair Municipar code have been fulfilled and rhe Town councir has received the reporl of the planning and Environmental commission recommending approval ot rhe proposed amendment to the developmEnt plan for Odinance No 17. Scri.s ot tgAz r Special Development District No.21. Seclion 2. Special Developmenl District No.21 and the amended developmenl plan therefore, are hereby approved tor the redevelopmenl tor lhe expansion of Gross Residential Floor Area in Unit No. 5, Vait Gateway Condominiums. Seclion 3. Puroose Special Development Dislrict No. 21 i; inEnded lo insure comprehensive development and use of an area in a manner thal will be harmonious with the general character of lhe Town of Vail. The development is regarded as complimentary 10 lhe Town by ttie Town Council and meets the Design Standards as set forth in Section 18.40 of lhe Municipal Code. As slared in the statt memorandum daled Augusl26, 1995,1he m4or SDD amendme request is in compliance with lhe goals and objectives ol the Vail Comprehensive Plan, as well as lhe purpose section ol the SDD Overtay Zone District. SDD No.21 provides an appropriate development plan lhat maintains the unique characler of lhis site and lhe sunounding area withoul negatively impacting existing or potenlial uses in the area. Seclion 4. The Town Council finds that the amended developmenl plan lor Special Developmenl Dislricl No. 21 meets each ot the slandards set torth in Seciion 18.40.080 ot lhe Municipal Code of the Town ol Vail. In accordance with Section 18.40.040, the amended development plan lor Special Development District No. 21 is approved and Special . Development Districl No. 21 is hereby approved for lhe property described in the attached Exhibit A. The amended development plan is comprised wirh those plans submitted by Buff Arnold, Ned Gwathmey, and Steve Riden, and consists of the following documenls: 1. Site plan, daled March 28, 19BB 2. Floor plans, dated March 28, 1988 and revised (panial) plans dated February 28, . 1996. . 3l Elevations dated March 28, 1988 and revised (partial) plans dared February 28, 1996. 4. Landscape plan dated March 28, 1988 5. Special Development Dislrict application and Environmental lmpact report as prepared by Peter Jamar Associates, Inc., dated January lg8B, and revised March 9, 1988. Seclion 5. Aoproved Develooment Standards The development standards lor Special Developmenl Dislrict No. 21 ire approved by lhe Town . Council as part of the approved developmenl plan as folloyvs: o.dr||nc.lto. 17. Scrie! ot tg97 .A. Setbacks - Se'lbacks shallbe as indicated on the sile plan set forth in Section 4of lhis Ordinance. ' 8. Bu'lding heighls shall be as indicaled on lhe elevations and robf plan sBt lorth in Section 4 ol ,hia Ord,n"na". C Sile Coverage - Site coverage shall be as indicaled on lhe sile plan set forth in Section 4 of this Ordinance. D. Landscaping - The area of.the site to be landscaped shall be as generally indicated on the pretiminary landscape plan set iorth in Section 4 of this Ordinance. E. Parking - Parking demands df lhis developmenl shall be in accordance with the developer's proposal lo provide gS parking.spaces. F. Density - The density allowed.in Special Development Dislrict No. 21 shall be 7 dwelling unils consisting ot not more than a lotal of 12,915 sq. fi. of GRFA. Section 6. The uses ol Special Development District No. 21 are uses permi ed by right, condilional uses or accessory uses in the commercial c,ore I zone District. The permifleo uses in the special Developmenl District shall be lhe same as those uses permitted in the ' Commercial Core I Zone Disttict. Conditional uses in the Special Development Distrlct shall be lhe same as lhe condilional uses lisled in the Commercial Core I Zone Districl, and accessory uses in the Special Developmenl District shall be the same as the accessory uses listed in the Commercial Core I Zone District. Section 7. Amendmenls to the approved development plan which do not change its subslance may be appioved by the Planning and Environmentat Commission at a regularly scheduled public hearing in actordance with the provisions ol Seclion 18.66.060. Amendments which do change the substance of the development plan shall be approved in accordance wirh Sedtions 18.86.1 l0.through 18.66.160. The Community Developmenl Department shall be solely responsible for determining whal constitutes a change in lhe subslance of the developmenl plan. An application for an amendment lo the Special Developmenl District which changes the substance of the development plan shall comply with requirements ol Seclion 18 40.030 excepl thar rhe community Developmenl Department shall determine which property in the Special Development District is being directly aflecled by such amendment and the consenl of only lhose owners of said property shall be required lo be included in the applicalion. Seclion 8. ll any pan, seclion, subseclion, senlence, clause or phrase of this ordinance is lor any reason held to be invalid, such decision sha nol afiect the validity of the remaining portions ol rhis ordinance; and lhe Town council hereby declares it would have Ordinmc! No. 17, S€ri€s ot tg97 passed this ordinance, and each part, seclion, subsection, senlence, clause or phrase thereof, regardless ot lhe lact that any one or more parts, sections, subseclions, senlences, clauses or phrases be declared invalid. Section 9. The Town Council hereby finds, delermines, and declares that this ordinance is necessary and proper lor the health, satety, and wetfare of the Town ol Vail and the inhabitants lhereof. Section 10. The repeat or lhe repeal and reenaclment ol any provision ol the Municipal code oflhe Town of vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation thal occurred prior to lhe effective dale hereof, any prosecution Gommenced, nor any other aclion or proceedings as commenced under or by vinue ol the provision repealed or repealed and reenacted. The repeal ofany provision hereby shall not revive any provision or any ordinance previously repealed or supersected unless expressly staled herein. INTRODUCED, BEAD ON FIHST READING, APPROVED, AND ORDERED PUBLISHED ONCE lN FULL ON FTRST READTNG rhis 17lh day of September, 1996, and a public hearing shall be held on this Ordinance on the 1st day ot Oclober, 1995, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert W. Armour, Mayor ATTEST: Holly Mccutcheon, Town Cterk INTHODUCED, READ, ADOPTED AND ENACTED ON SECOND HEADING AND ORDERED PUBLISHED (IN FULL) (BY TITLE ONLY) THIS - DAY OF ,1996. Roberl W. Armour, Mayor ArtEst: Holly McCutcheon, fown Clert< . EXHIB]T A VAIL GATEWAY BUTLDIIIG, 12 VAIL ROAD AND MORE SPECIFICALLY DE9CRIBED AS FOLLOTTflS: A PORTION OF LOT il, AND A POFTTON OF r.oT q BLOCK sD, VA|L VILLAGE lST FILING. Cldnanaa No. 17, Ssis at ti|? I BnygR.Autx,\ssccll,\llEs, llNC. PLANNING and COI"IMUNITY DEVELOPI4ENT MEMORANDUM To: Tlannrnq and Enwronmental Commpspn Town Counal From! Ttmberlne Commeraal Real Estahe, represented by Bravn Assoctabes, lnc. Date: July 20,2OOl R,cr: Gateway Burldnq - FroTosed Chanqe ol Uses fhe purpose of lhrs meme E Lo ovtlne the applcant's persVectwe on the gtaff's recommendabon that employee hovanq be prowded as a condftton ol aVproval foi,r the proTosed modfircatrons to Lhe GaLeway Dvtldnq. We very mvch svpVort the notron that develoTment shovld be resVonsble lor Lhe mfttqahon of mpacts that may result from a prolect and thrs would cerLatnly agply to employee housrnq. Employee hovsnq E a very rmVortanl sgve and we support. the Town's eltorts Lo requre em?loyee houanq as an element of developmenl prolects. llowever, we stronqly belteve Lhat any mtrqalon reqwred ol a developer, Tarttcularly n the case oI emVloyee houanq, mvsl be drrectly relaLed to bhe mpacts ol a Tralect and that the manner rn whrch lhe Town evaluates and rmVotes such mhqatton mvsl be rea5onable and consstenl. As you evalvale the aVplcaLons for the revftaltzatton of the Galeway tsutldnq, constder Lhe followtnq pornts related to the ssue ol employee hovsrnq: o The town has never lormally adopted by ordnance employee houstnq reqvrrements. Rather, lheTown has "rnformally" mposed a reqvrement vanq a methodoloqy that l) ez\males employee qeneraltonbased onthe proposed use= and 2) appltes a ?ercentaqe to emplayee qeneratton Lo determtne number of employees to be "hovsed." Edwands Village Centei Suite C-209 0 | 05 Edwards Viilage Boulevard Post Oflice Box 2558 Edwards, Colorado 8l 532 Ph. - 97A.926.7575 Fax - 970.976.757 6 www. oraunassoctates.com ?roposed development plans lor Lhe Gateway wovld elmtnaLe approxtmately 4,7OO sqvare leet ol commercral 5?ace. fhe neL reEull wrth thrs chanqe and other use chanqes bernq proposed E an overall rcduclon n employee qenerabon of I C.67 employees, per lhe lown statl's (nemo. The methodoloqy bernq vsed by staft lor lhe G4teway Burldnq s a drasilc departvre trom the methodoloqy and aTpltcatron oI the hovsrnq formula that has been used by s|att n the past. 9tafl has always qwen the apTlcant a credft for the number ol enshn4 employees on lhe property and has appled lhe hovanq formula lo the "net" ncrease ol employees. That credft s not bernq q:en Ior the Gateway aVp\ca\on. RecenL examples ol the hstonc uEe at thrs formula nclvde Val ?laza east (ZOOO),Vail Flaza west (ZOQ l), Varl Valley Medtcal Centcr (2OOl), VAC (2OOO'1, Antlers(99), Marnott (99),Glen LyonOffrce1vldnq(99),andtheAustna tlaus(97). Attached rn Exhrbrt A rs the lanquaqe nclvded rn the staff memo on two ol these ?foJec$. Ovr qoal s qute ample - to revtaltze a very dstressed groperty. Three marn chanqes arc ?ro?o3ed to accomphsh thrs qoal - allow for a wtder ranqe of uses wrthrn the bvldnq, to add two new condomtnum vnts, and to allow for a Tarhnq clvb. -f o-date, there seems to be stronq su??ort for these lhree chanqes. Everyone s n aqreement that chanqes are necessary to turn ths property arcundi however,, plaanq a requrernenl lor employee hovsrnq on the prolect further burdens the apghcanl's abity to revtaltze the bvrldnq and rmpacls hs abilfty move forward wrth the pvrchase and redeveloVment of thrs proTerty. The law reqvtres that there be a "nexvs" or ratronal relabonshry between the mTacts of the prolect and the reqwrement for employee hovanq. ln thrs case, the proposed development resvltg n a net decrease n employee qenerabon. We would lrke to thrnk that tn the case common sense wovld prevai - fi there s no rmpact, there should be no requrement lor mftrqatton. Whrle we support the conceTt of employee housrnq, the condthon proposed by stall b nconsstent wrth how emTloyee houstnq reqwrements have been nplemented n lhe pasi. Vatl Gateway tsvrldnq, Yai, Colorado 6ftvn Agsodates, lnc. ?aqe 2 Gateway ATphcahons Exhrbrt A F-:<cer7l from the TOV staff memo for Varl Plaza llotel (wesl) approved May 2001: The applicant is proposing to provide employee housing for a percentage of the 'new" employees resulting from the hotel construction. The new hotel is expected to generate g3.5 "new" employees. The "new" employees are in addition to the 79 "full time equivalent" employees already working at the Chateau at Vail. The applicant is proposing to provide deed-restricted employee housing for 30% (28 beds) of the "new" employees. In order to maximize the benefit of the housing to the Town of Vail, the applicant has suggested that the housing will be available only to Vaii Plaza Hotel West employees- Staff Recommended Ranqe Calculations: Staff believes that the Vail Plaza Hotel West redevelopment witl create a need for the housing of 97 additional "neW' employees. Of the 97 additional employees, at least 28 employees (30%) will need to be provided deed-restricted housing by the developers of the Vail Plaza Hotel West. Please refer to Section lX of the staff memorandum for details regarding square footages and configuration of the units. The staff recommended range is based on: 1. the type of retail and commercial use proposed in the commercial space within the Vail Plaza Hotel West; 2. the size of the Vail Plaza Hotel West lodging component; 3. the level of services and amenities proposed by the developers for the guests of the Vail Plaza Hotel West; and 4. the result of research completed by Town of Vail staff of similar hotel operations in the Vail Vailey. a) 'Retail/Service Commercial= 1,127 sq. ft. @ (5/1000 sq. ft.) = 5.6 (bottom of range)b) Health Club/Spa = 13,835.7 sq. ft. @ (1 .5/1 000 sq. ft.) -- 20.8 (top of range)c) RestauranUlounge = 2,535.3 sq.ft.@ (6.5/1000 sq. ft.) = 16.5 (middle of range)d) Conference Center =20,624 sq.ft. @ (1/1000 sq. ft.) = 20.6 (range does not vary)e) Lodging = 116 units @ (.7s/unit) = 87.0 (middle of range)f) Multi Family (Club Units) = 15 units @ (.4/unit) = 6.0 (range does not vary)g) Fractional Fee Units = 40 units @ (.a/unit) = 16.0 (range does not vary)Total = 172.5 (-79 existing employees) = 93.5 (X 0.30 multiplier) = 28.0 new employees Excerpt from the TOV staff merno for Varl Plaza llotel (east) approved 2C,00: The applicant is proposing to provide employee housing for a percentage of the "new" employees resulting from the hotel construction. Based upon an analysis completed by the applicant and provided to the Community Developmenl Department, the new hotel is expected to generate 105"ne#' einployees. The "new" employees are in addition to the 74 employees already working full-time or part-time a1 the Vail Village Inn. The applicant is proposihg to provide deed-restricted employee housing for 30% (32) of the "new" employees. Due to the unavailability of private vacant land resources within the Town limits, the applicant anticipates that all or a portion of the deed-restricted housing will be provided in an out-oftown or down-valley location. In order to maximize the benefit of the housing to the Town of Vail, the applicant has suggested that the housing will be available only to Vail Plaza Hotel employees. lt is further anticipated that some form of transportation will be provided to the employees from the out-of-town or down-valley location to the hotel. . Staff Recommended Ranqe Calculations: The staff believes that the Vail Plaza redevelopment will create a need for 125 additional employees. Of the 125 additional employees, at least 38 employees (30%) will need to be provided deed-restricted housing by the developers of the Vail Plaza Hotel. The staff recommended range is based on: 1. the lype of retail and commercial use proposed in lhe commercial space within the Vail Plaza Hotel: 2. the size of the Vail Plaza Hotel lodging component; 3. the level of services and amenities proposed by the developers for the guests of the Vail Plaza Hotel: and 4. the result of research completed by Town of Vail staff of similar hotel operations in the Vail Valley. a) Retail/Service Commercial =4,047 sq. ft. @(5/1000 sq. ft.) = 20.2 employees (bottom of range)b) Health Club. =24,799 sq. ft. @(1.5/1000 sq. ft.) =37.2 emptoyees (top of range)c) RestauranULounge =5,775 sq. ft. @(6.5/1000 sq. ft.) =37.5 employees (middle of range)d) Conference Center =10,368 sq. ft. @(1/1000 sq. ft.) =.|0.4 employees (range does not vary)e) Lodging = 99 units @(.7s/unit) = 74.3 employees (middle of range)f) Multi Family (Club Units) = 48 units @(.4/unit) =19.2 employees (range does not vary)Total = 198.8 employees (-74 existing employees) = 124.8 employees (X 0.30 multiplier) = 38 "new" employees Gateway Bvrldnq , Parkrnq Plan '.. Preparcd for Trmberltne Commeraal Rcrr| Estate Au6ust l3,2OOl APPROVED BY THE TOWI{ OF VA|L P1ITIHINAilOs\flminmmtffi8flsl offe& nf,trftk Hm#eff4{fi4*f,' f,W* SlfT Ytt f,3\ffiFqq* JIAV ?S HWOT OllA Ol,llfitA,l{i ttlHxHmmoffitlsefilWtr irrnrlrttrl rrl tr I t rt: tt t ,,,-*.$?lt0 ffirfitl,ffiJ{ L General Overvrew Thrs plan 6 ntended to groude a qeneral qvde lor how parhnq wrll be manaqed at the Gateway Burldrng. fhe vses contemVlated lor the buldnq nclude otlrcelcommeraal uses, reErdenttal condomnwms, and a parkrnq club. The Varktnq plan may need to be amended from trme-to-hme to allow the manaqement oI the buildnq to meet the needs ol Votenhal buldnq vsers. 2. Exrsbnq?arhnqCondftions The parhnq for the Gateway tsurldnq s locaLed on three levels of Lhe parkrnq qaraqe conlarnnq 93 Var\nq s?aces. Forty-two of the Tarhnq s?aces, as onqrnally constructed, are tandem parAn4 s?aces. The Gateway tsutldnq s also enhtled to one Town ol Vatl " pay-rn-heu" sTace Vurchased lor a ?revous vse n the bvidnq. 3. Parhn1by Uze c OffcelCommerctal Use - 4I s?aces o 26 parktnq 5?aces (tandem spaces) wrll be used by the ottrce employees wrthrn the buidnq. Otfrce space employees wrll have deaqnated s?acee and employees wll be re4vrred to coordnate wfth oflcemates on Lhe vse ol Ehe 5?ace3. landem s?aces wil be assrqned so that only employees of ndwtdual otIrce s?aces wil be requred to coordnate wrth one another. 6 parhnq 5?aces (Landem sVaces) wrll also be used by otltce and/or commeroal emTloyees (dependrnq fi the basement level I commerctal s?ace $ an olIrce vse, retarl u5e, or restavrant vse). 7 parhnq s?aces (non-Landem) wll be avarlable as qeneral vtsftor garhnq s?aces. Thrs number may be ncreased or redvced from trme to bme deTendnq on how the need for wator and employee parkn1 rs ex?ertenced. All of the commeroaVolhce Varhnq 5?acee wtll remarn n the ownershrp of lhe buldnq owner to afford maxrmum flexrbrlrty Ior vse of spaces. Oltlce par4nq 5?aces may be made avalable to other allowable commercral uses as lonq as hours of o?eratton do not conllct (e.q., a resLavrant seNtnq n evemnq hours). r Resrdental Uses - | 3 spaces o l3 parknq s?acei (6 tandem s?aces and 5 non-tandem) willbe asaqned lo resrdenilal unrts. These spaces wrll remarn n the ownershrp ol the bvidnq owner; however, the resrdenttal users are qvaranteed a hcense to use ther spaces. t ?arkrnq Clvb UEe - 39 spaces Gateway tsuldnq Parkrng Plan o 39 parhnq s?aces wil be made available lor parkrnq club memberg. o Parhnq club sgaces wil be subpct to a lease. The bvldnq owner may lease spaces such that the Varhnq club member has a nqht to use I ot 39 spaces, whrch space may notbe delnftwely delned (t.e., member has a rtqht to park, not, a nqht lo any speahc space). 4. Locahon ol ParhnqSpaces The bvidnq owner shall desrqnate Varknq 5?aces, svbject to the ?rovtstons herern, n locahons as he Eee frts. The nLenL e to allow the owner the maxrmum flexrbrlrty wtth the functron ol lhe par4nq area so that he wil able to develoV the most eflect:e and elloent Tlan and s able lo react to market condftron=, chanqes n bwldnq uses and vsers, and s able to meet lhe needs ol the veftorE to the wo?erxY. 5. Governanceandlnspecbon fhe owner aqrees to allow theTown of Varl to nsVect the parhnq condfipnE at anytrme. lf a nusance develoVs trom mproper manaqement ol the parAnq on ths property, the owner aqrees to address valtd concemg or volabons oI the Town of Varl rn a cooperat:e manner. The owner further vnderstands thatthe parhnq manaqement Vlan s part of the cond*tonal vse Vermft lor the regdenbal and Varknq club uses on the Vroperty and as svch has the ablfty to take acbon n the future rf rt decovers wolalons to the condftronal vse ?ermtt. gubsLantral chanqes to Lhe parkrnq plan shall be rewewed and approved by the ?lannnq and Enuronmental CommrgEron. 6. ValetEarbnq As the owner contnues to oVerate the parkrnq areas lo create elhaent ule oI parhnq and Vroude ellechve serwce to burldnq vsrtors, he may choose to mod$y the parAnq plan and reallocate s?aces as necessary. Thrs may nclude u5e of valet serwce on the proVerty. Thrs wrll deVend vVon the ultrmate mrx of offrce or commerctal users on the property and lhe hovrs of o?eralon ol certatn vses. ln no case will vehcles be valet Varked off-srte or wrll such valet parktnq nterlere wrth the abilfty to qatn adequate accesi to the srte. A valet system may be added to the stle wfthovL furfher revtew by the Plannnq and Enwronmental Commtsston. Gateway Bvrldnq ?arAn1 Plan s{o'agc Ul4ah. Visitor Visitor GATEWAY PLAZA RENOVATION Basement Level - 1 12 Vall Road, Vail, Coh)frdo Julv, 2fl0l Timbsrlinc Cornurerriel Rnl E!tub Br.un Als.rciahr, Inr:, LE(;END Space :iJI I Kr*dTIII l{eqidcntial 0 New Residential Commercial I'arkirrg Club OfEce Ner,r'C)ffics 0 z,bo "400 0 ItI I 'lnnt:J:*==j Q+ftuo spaces 20 Office Spaces 3 VisitorlOffice Spaces Parking Plan GATEWAY PL AZ A RENOVATION Basement Level - 2 12 V[tl Rodd, vrL Colo!:ado l'knberlln. Commercial Rr.rl [6tah lull',2001 Brdufl Agsorlales, lnc. (No Chan*e) s.F. Rcsidcntial New'Residentiai 0 0 0 0 0 0 @ Commcrcial I Parking Club f orrtce f Ne*'Office 17 Club Spaces 13 Residential Soaces 14.Office Spaces4 Visitor/Office Spaces Parking Plan Office Office Club Office Office Office Office Office Office Club Office Office Of'fice Office Office Office Resident Resident Club Club Club Club club Visitor Visitor Visitor Visitor Resident Resident Resident Resident Resident Resident ResidentResident Resident ilt iiirlt ril! c$ TL c')c lt-lll-$ TL o -q) .12-c uto() fi, a .cl o oooooc ? E:E.E d .EE9 P 10 Xo ;-F.59er .x 1} E;'. ,'* rE lif.SdEt ffilln 'Jr all 5d |i|l ;-l,.r I zll I I I I I OIzl l'lI Ri sg P{c3 t:.o : , tt dl TE 8'U ='E{g;.Eg! r€ fl!E z, \J F oz Frl N s 3 Fl u)i THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the Town of Vail on August 13, 2001, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A staff report on an approval of a minor amendment to SDD #5, Vail Run, lo allow for the remodel of an egress staircase, located at 1000 Lionsridge Loop/Lot C-1 1, Lions Ridge Filing 1. Applicani: Vail Run Resorl Community Association, Inc.Plannen Brent Wilson A requesi for a variance from Section 12-6D5 ("Lot Area and Site Dimensions"), Vail Tovvn Code, and a final review of a minor subdivision located at 3834 and 3838 Bridge Road/ Lots 11 & 12, Bighom Subdivision 2nd Addition. Applicant Gary Weiss, represented by Sleve Riden, Architect Planner: Ann Kjerulf A request for a variance from Section 12-6D-5 ("Lot Area and Sile Dimensions"), Vail Town Code. and a final review of a minor subdivision located at 3816 and 3826 Lupine Drive and 3828 Bridge Road/ Lots 8, 9, & 10, Bighorn Subdivision znd Addition. Applicant: Jeff Dahl and June Frazier, represenled by Steve Riden, Architest Plannerl Ann Kjerulf A.request for a variance from Tiile 14 (Development Standards) Town Code, to allow for improvements to an existing residential private drive, located at 1450 Buffehr Creek Road/Lot 2, Cliffside Subdivision. Applicant: Mike YoungPlanner: Brent Wilson A request for a final review and recomm€ndation to the Vail Town Council of proposed text amendments to the Vail Town Code, Chapter 12-61, Housing Zone District, and Chapier 12-2, Definitions, to allow for additional uses and to amend definitions in regard thereto. Applicant: Town of VailPlanner: Allison Ochs A request for the final review of a major amendment to Special Developmenl District #6, Vail Vitlage Inn, to allow for the redevelopment of an existing hotel, located at 100 East Meadow Drive, Lots M and O, Block $D, VailVillage 1"'Filing. Applicant: Daymer Corporation, represented by Jay Peierson Plannen George Rulher A request for a final review and a resommendation to the Vail Town Council on the Town of Vail's proposed Meadow Drive streetscape improvement project, localed at East/West Meadow Drive, Vail Village. Applicant: Planner: Town of Vail George Ruther 1 A request for a final review and recommendation to the Vail Town Council of proposed text amendments to the Vail Town Code, Chapters 12-7H & l, Lionshead Mixed Use 1 & Lionshead Mixed Use 2, to amend lhe regulations regarding commercial ski storage and to amend Chapter 12-2, Definitions, and setting forth details in regards thereto. Applicant: Town of Vail Planner: Allison Ochs A request for a recommendation to the Town Council for the adoption of two view conidors within Lionshead, as identified within the Lionshead Redevelopment Master Plan. View Conidor 1 is located approximatety al the main pedestrian exit looking southwest towards the Gondola lift line. Mew Coriidor Z is dcated approximately from the pedestrian plaza at the east end of the Lifthouse Lodge looking south up'the Gondola lift line. A more specific legal description of the two view conidors is on file at the Community Development Department. Applicant: Town of VailPlanner: Allison Octts A request for a final review of the proposed parking management plan for the Vail Gateway, . bcatld at 12 Vait Road / portions bt tbts O ind N, -Block 5D, Vail Village 1d Filing. IfL-IffiApplicant: Mountain Oryners, L.P., represented by Braun Associates/\ Planner: Allison Ochs The applications and information about the proposals are available for public inspeclion. during rcgular office hours in the project planne/s office, 6cated at the Town of Vail Community Development Department, 75 Soutli Frohtage Road. The public is invited io attend project orientation and the sile visits that precede the public hearing in the Town of Vail Community Developmenl Department' Pfease c.all 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. Community Development Department Pubfished July 27,2001 in the Vail Trail. TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Department of Community Development August 13,2001 A request for a final review of the proposed parking management plan for the Vail Gateway, located al 12 Vail Road / portions of lots O and N, Block 5D, Vail Village 1sI Filing. Owner: Mountain Owners, L.P. Applicant: Timberline Commercial Real Estate, represented by Braun Associates, Inc.Planner: Allison Ochs BACKGROUND OF THE REQUEST The applicant, Mountain Owners, L.P., submitted an application to the Department of Community Development for the Vail Gateway, located at 12 Vail Road. The proposal consists of three major elements: 1. Allowing office uses and olher commercial uses on the first level of the building,2. Adding two residential dwelling units and 4,345 sq. ft. of GRFA, and3. Allowing a private parking club within the building. These three elements of the proposal require the following processes: 1. A rezoning of the underlying zoning of Comrnercial Core I to Commercial Service Center.2. A major amendment to Special Development District No. 21 , to allow lor the changes in development standards as prescribed by the special development district.3. A text amendment to Commercial Service Center to allow lor a private club as a conditional use.4. A conditional use permit for a private club. The private club proposed is a private parking club, which would allow parking on the site to be available for private use.5. A conditional use permit to allow for residential dwelling units in the Commercial Service Center zone district. Multiple-family dwellings are a conditional use in the Commercial Service Center zone district. The Planning and Environmental Commission forward a recommendation of approval for ilems 1, 2, and 3 above. The Planning and Environmental Commission approved items number 4 and 5. The conditional use permit for the private parking club carried the following conditions: il. 1. Prior io first reading ol the amending ordinance, that the applicant provides a parking plan which identifies the use and type of ownership of each individual parking space. This inlormation will be kept on file with the Department of Community Development. Each space must be signed on lhe site accordingly. 2. Thal the approval of the conditional use permit for the private parking club is subject to the approval of the text amendments by the Town council as outlined in Section Vlll of the staff memorandum. 3. That no more than 39 of parking spaces shall be used as part of the private club. The applicant has provided a parking management as required by the first condition. The proposed parking management plan has been ailached for reference. STAFF RECOMMENDATION The Community Development Department recommends denial of the proposed parking management plan, subject to the following linding: 1. That there are adequate solutions available to the applicant which would allow the proposal to meet lhe requirements of Chapter 12-10 and Title 14 of the Town Code. PARKING MANAGEMENT PLAN The Vail Gateway proposal is to add 2 addifional dwelling units, convert existing retail and commercial space to office space, and to add a private parking club. The change of uses on the property changes the parking requirement. Staff has provided lhe following parking analysis: TotalRequired: 4Tspaces Total Propsed: 93 spaces (42 tandem) (51 non-tandem) Office/Commercial: 34 spaces required Residential:13 spaces required The applicant is proposing the lollowing: Office Commercial: 41 spaces (34 tandem) 1il. Residential: Parking Club: 13 spaces (8landem) 39 spaces The applicant is providing an adequate number ol parking spaces to meet Chapter 12-10 of the Town Code. However, the applicant is using tandem spaces to meet lhe required number of parking spaces. Tandem parking is only allowed when valel service is also provided. The applicant is not proposing valet services. Should the Planning and Environmental Commission approve the parking management plan, this would be included as one of the deviations of the special development district major amendment. The applicant is proposing lo utilize 39 parking spaces as part of the parking club. These parking spaces are not tandem spaces. These parking spaces are leased spaces and not assigned to a particular lease holder. Instead, the parking club member has a right to 1 of 39 parking spaces. Tandem Parking According to Title 14, 'tandem parking is not permitted for commercial uses unless approved as valet parking." The applicant believes that as the owner of the office spaces, the building will manage the parking without the use of valet parkinE. Staff has identified alternatives that would allow the applicant to fully utilize the existing slructure, meeting the parking requirement for the office and residential uses, without tandem parking. However, it does reduce the lotal number of parking spaces for the parking club if the applicant does not wish to use tandem parking for the club. In addition, the applicant is able to meet the requirements of the Town Code by providing valet services. A recent example of a requirement for valet parking in conjunction with tandem parking spaces is the Austria Haus, When the Vail Gateway was originally approved, tandem parking was allowed as parl of the 93 spaces which were required. However, valet service was provided. Staff does not believe that the current configuration as identified on the parking management plan is acceptable. There are solutions thal would allow the proposal to meet the Town Code. Staff has numerous concerns regarding the proposed parking configuration. Primarily, the intent of providing adequale parking is lo ensure that the needs of the development have been met. The parking requiremenls of the Town Code were recently amended as part of an overall parking study. Staff believes that the applicant should be required and is able to provide parking which meets the Town Code. In addition, staff believes that it is necessary to meet the requirements of the Town Code so as not to displace the parking onto other properties. Staff does not believe that tandem parking, withoul valet service, is acceptable for the uses proposed. I nnymR.A[.jN ,\5socilA]-Es, INC. PLAN\lNG and COI'4MUNfi DEVELOP|4ENT MEMORANDUM To: Plannnq and Envronmental Commtsson From: Trmberlne Commercral Real EEtate, represented by Eravn Assocrates, lnc. Date: Auqvst. lO,2OOl Re; Gateway Eutldnq - Tarhnq ?lan On July 23, 2OO I the Plannrn q and Enwronmenlal CommrgEpn aTgroved a condftronal u3e ?ermtt to allow a Parhnq Club at the Gateway Bvtldnq. The approval allowed lor 39 parhnq 5?aces to be used by the ?arhnq Clvb. As a condtron oI approval 1or the ?arinq Club, the Planntnq and Envtronmental Commeston reqwred that the aVplcant return wrth a par\nq plan "whrch rdentfites the uge and Lype ol ownershtp ol each ndvtdual parhnq space." Enclosed s the proposed Varkrnq Vlan lor the enLre par\nq structure, ncludnq the parAnq 5?aces lor ollcelcommerctal use, regdenbal vse, and parkrnq clvb use. 6ackqrovnd The Gateway Dutldnq wal a??roved n | 998. The approval, and svbseqvenl condfttonal use Vermfts, allowed lor 3 resfavrants, one bar, a bank, and numerous retail establshments. That aTproval also allowed ior g3 enclosed parktnq spaces, 42 ol whch were landem parhnq e?acei. Town of Varl records, the adopbnq ordrnance, and meetnq mrnuteE reflect that the tandem parAnq 3?aces were allowed wthovt a re4uremenL lor valet servce. ln fact, accordnq to the meetnq mrnvles, valet parhnq was not an ftem thaL was meniloned or dscvsged. Edwards Village Center: Suite C-209 0 | 05 Edwards Village Boulevard Post Office Box 2558 Edwards, Colorado 8 1 532 Ph. - 970.926.7s15 Fax - 970.926.757 6 www.braunassoctates,com ?ro?med Uses As approved at the July 23, 2oo | ?EC heannq, the groposed proqram for thrs buidrnq nclvdes two new resdenlal unrts (formerly restaurant sVace), othce space on the second f loor (formerly retai and reElaurant space), and oIfrce s?ace on the hrst Iloor . A portron of the frrst lloor may also be vhlved lor retal or regtaurant vses. A/dthonally, a parhnq clvb was apgroved wfth 39 Varknq i?aces. The proposed vEes requve BG parkrnq 5?ace5 accordrnq to Town of Varl parkrnq requlatrons. ThaL's 34 spaces tor oficelcommerctal vses, | 3 sVaces for resrdenilal uges, and 39 spaces tor Lhe parfunq clvb. That leaves 7 5?ace5 for future chanqes n uses, Ehouldthey occur, or addftronalvsftor parhnq. ?arhna ?lan The Tarknq Tlan proudez adeqvate parAnq tor all ol the vses on the proVerty wrthout the need ior valet parAnq. Our plan deaqnates the followtnq: OIfcelCommercral Uge: 4 | spaces total (34 of whrch are tandem) Restdenlal Use:| 3 spaces (B of whrch are tandem) ?arhnq Clvb: 39 sVaces OtIrce and resdenbal vseg make the most senEe Ior vse oI the enshnq tandem Tarhnq 5?ace3. Leases for the oltrce sgaces wil desrqnate Tarhnq 5?ace5 to be uhltzed and olIrce employees wil be able to coordnate wfth one another to Varktnq and move vehrcles. Addtuonally, snce there are 7 non-tandem parhnq i?acel avatlable to the ollrce u=es, theEe are avaiable Ior qeneral bvldnq wsftorE or cvstomerg. Ownershp All of the Tarknq s?aces on the Vroperty are and wil be owned by the buldnq owner. The resdenbal parhnq s?acei are prouded by ltcense Lo the dwellnq vrrrt owners. Farkng clvb spaces wll be lonq-term leased s?aces. V atl Gateway Durldrnq, Yatl, Colorado Oraun Agsoc/.ates, lnc. Paqe 2 Conclvaon We belteve the buldnq owner wrll be able to ade4vately manaqe the parhnq for thrg buldnq. There s an adequate svpply ol parhnq prouded for all of lhe vses proposed. We also belrcve the proTosed vses lor lhe bvidnq wrll allow a more elhcrent use ol the ' enshnq Tarknq than thte reitavrant and retarl uses already approved lor the srte. Ovr aTphcaton haE a net redvchon n requred parhnq for the propefty over whal s cvrrently apVrwed. Varl Gataway Burldnq, Yarl, Colondo Eraun A95ocBtEi, lnc. Paqe 3 Bvildtnq Tlan | . General Overytew Ths plan s ntended lo proude a qeneral qwde for how VarAnq wtll be manaqed aL the Gateway Evtldnq. The vEeE contemVlated for the bvidnq nclvde olhcelcommercral uges, restdenilal condomtnums, and a parAnq club. The parktnq plan may need lo be amended trom ttme-to-Lrme to allow lhe manaqement of the buldtnq to meet the needs ol potenbal bvrldtnq users. 2. Exrstrn6 Parhnq Condtilons The parbnq for the GaLeway Bvldnq s located on three levelg of the par\nq qanqe contatnnq 93 parktnq 5?ace5. Forty-two ol the garkrnq 5?ace5, as onqnally constrvcted, are landem Varktnq s?ace5. The Gateway Butldnq E alsa enlftled to one Town of Varl " Vay-rn)teu" sVace pvrchased lor a ?revtou3 vse n the bvildnq. 3. Tarktnq by Use . OllcelCommeraal Use - 4l spaces o 2B parhnq o?acee (tandem spaces) wll be used by the otice employees wrthrn the buildrn1. Oflrce space employees wrll have deaqnaled s?aces and emVloyeeE will be requred. lo coordnate wfth oflcemales on the use ol the sVaces. Tandem e?ace5 wilbe asstqned so that only employees ol nd:rdual olhce s?ace5 wll be requred to coordrnate wfth one another. o e parhnq i?ace; (tandem spaces) wrll also be vsed by oIIrce andlor commeraal employees (dependnq fi the basemenl level I commerctal s?ace E an olfce vse, retail u5e, or restaurant vse). o 7 Varhnq s?ace5 (non-tandem) wtll be avaiable as qeneral vrsrtor parhnq s?ace5. Thrs number may be ncreased or rcduced |rom bme lo lme dependnq on how the need for vrsrLor and employee Tarhnq s expenenced. o All of the commerctaVoltrce parhnq 5?aces wrll remarn n the ownershp ol the bvldnq owner to allord maxrmum flexrbrlrty lor vse ol sVaces. o OIhce parknq s?aces may be made avaiable to other allowable commerctal u5es as lonq as hovrs of oVeratton do not conllct (e.q., a restaurant servnq n eventnq hours). o Resrdentel Uses - | 3 sVaces o l3 parAnq 5?ace5 (B tandem 3?aces and 5 non-landem) wll be assrqned to restdentral unrts. These spaces wrll remarn n the ownershp ol the bvidnq owner; however, the resrdenilal users are qvaranleed a ltcense to vse thetr spaces. t Parktnq Club Use - 39 spaces Gateway Dvrldnq Parktnq Plan o 33 ?arktnq 5?aces wll be made avatlable lor Varhnq clvb members.o Parhnq club spaces wll be svblect to a lease. fhe bwldnq owner may lease spaces svch lhat lhe parhnq club member has a nqht to uEe I ol 39 spaces, whrch sTace may not be deltnLvely deltned (t.e., member has a nqht to park, nol a nqhl to any zpecfirc sVace). 4. Localon ol ?arktnq Spaces The bvidtnq owner shall desrqnate Tarkrnq 5?ace5, subpct to the ?rovt:lon=- heren, n locabons as he see frts. The ntent e to allow the owner the maxrmum flexrbrlrty wrth the functron ol the parfunq area so that he wil able to develop Lhe most ellectve and ellctenL plan and E able to react to market condtttonE, chanqes n buldnq useE and vserz, and s able to meet the needs of the vrsftors lo the property. 5. Governance and lnspectron The owner aqrees to allow the Town of Varl lo nsvect the varktnq condfttons at anyhme. lf a nusance develoVs lrom mVroper manaqernent ol the parktnq on thrs 7ro7erty, the owner aqrees to address valtd concerns or uolaLtons ol the Town of Varl rn a cooveratwe manner. The owner further vnderstand= Lhat the parkrnq manaqement Vlan s Tart of the condfttonal vse permft lor the restdenbal and Tarktnq clvb uses on the groperty and as such has the abtltty to take actron n the future rf rt dgcovers wolattons to the condttpnal use Termtt. Svbstantral chanqes to the parhnq plan shall be rewewed and approved by the ?lannnq and Enuronmental Commrsgron. 6. Valet ?arhnq As the owner conttnves to operate the par\nq areas to creaLe eltcrenl u5e ol parktnq and proude eflecl:e seNtce to butldnq vsttors, he may choose to modtly fhe parhnq plan and reallocate s?ace3 a5 necessary. Thrs may nclude use ol valet servtce on the Troperty. Thrs wrll deVend upon the vlttmate mtx of olIrce or commeroal useri on lhe vroVerLy and the hours ol operaton ol cerlatn vses. ln no case wrll vehcles be valet Varked oIl-sfte or wrll such valeL Tarkrnq nterlere wrth the abiltty to qatn adeqvale acce5l lo the stte. A valet system may be added to the sfte wfthovt further revtew by the Tlannnq and Enuronmental Commtsgton. Gateway tsvtldtnq Tarbnq ?lan Office Office Office Office Office Office Office Office Visitor Office Office 11 CIub Spaces 20 Office Spaces3 VisitorlOfficeSpaces GATEWAY PLAZA RENOVATION Basement Level - L 12 Vail Roo4 Vail, Colorrdo Tinrbqliru Guurarcial Rrrqt &tab Residcntial Nerv Resideniial Commnrcial Parking Club Office Ne*' C)ffi<r s.r.nffitmIII 0 0 2,25$ 240 0 0Club Club Club Club I I I Parking Plan GATEWAY PLAZA RENOVATION Basement Level - 2 12 Vail Roa4 Yall, Colondo Jrny,2001 iimberltm Comnrercial Real Esiib tiiar-rn ,tcs<rrite:, lnc. LECEND (No chqlgglSpace S.F. IffiwIrI Residential Nelu Residertial Commcrtiul Parking Club CXfice New'Olfice n 0 0 0 0 17 Club Spaces 13 Residential Spaces 14 Office Spaces4 Visitor/Office Spaces 'is!!.di:tu$firFt=t;;=; Parking Plan Office Office Office ,Office Office Office Resident Resident Club Club GATEWAY PLAZA RENOVATION Basement Lcvcl - 3 t2 vlil Ro!d, V!il, Calorado lonc, XIll liii*.tm c'i;riunr,g nco'.".'_-t B-raG ' ' ' - 6'ailn nrs.i:inier, ri*. LECEND [No Chansc) Space S,l. WlffiffiII:I Recitlcntittl 0 Ncry Rcsidcntial 0 Grmmr.'rciol Parking Club OfILr Ncw OI6cc 0 0 n 0 11 Club Spaces this level Parking Plan Club TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Department of Community Development July 23, 2001 A request for a rezoning from Commercial Core I to Commercial Service Center, a major amendment to Special Development District No. 21, a text amendmenl lo Section 12-7E-4 of the Vail Town Code, to allow for private clubs as a conditional use in the Commercial Service Center zone dislrict, a conditional use permit for a private parking club in the Commercial Service Center zone district, and a conditional use permit to allow for residential dwelling units in the Commercial Service Center zone district, located at 12 Vail Road / portions of lots O and N, Block 5D, Vail Village l"tFiling. Owner: Mountain Owners, L.P. Applicant: Timberline Commercial Real Estate, represenled by Braun Associates, Inc.Planner: Allison Ochs INTRODUCTION TO THE REQUEST The applicant, Mountain Owners, L.P., has submitted an application to the Department of Community Development for the Vail Galeway, located at 12 Vail Road. The proposal consists of three major elements: 1. Allowing office uses and other commercial uses on the first level of the building,2. Adding two residentialdwelling units and 4,345 sq. ft. of GRFA, and3. Allowing a private parking club within the building. These three elements of the proposal require the following processes: 1. A rezoning of the underlying zoning of Commercial Core I to Commercial Service Center. This is discussed in Section V of this memorandum. 2. A major amendment to Special Development Districl No. 21 , to allow for the changes in development standards as prescribed by the special development district. This is discussed in Section Vl of this memorahdum. 3. A text amendmenl to Commercial Service Center to allow for a private club as a conditional use. This is discussed in Section Vlll of this memorandum. [. 4. A conditional use permit for a private club. The private club proposed is a privale parking club, which would allow parking on the site to be available for private use. This is discussed in Section Vll of this memorandum. 5. A conditional use permit to allow for residential dwelling unils in the Commercial Service Center zone districl. Multiple{amily dwellings are a conditional use in the Commercial Service Center zone district. This is discussed in Seclion Vll of this memorandum. The Planning and Environmental Commission will be making a recommendationto the Town Council on the rezoning, the major amendment to Special Development District No. 21 , and the text amendmenl to the Commercial Service Center zone district. The Planning and Environmental Commission is the final review board for the conditional use permits. The applicant has identified the following public benefits associated with this application: 1. The proposed application provides for a mix of office and residential uses that are consistent with the goals and objectives of the Town of Vail and the Vail Village Master Plan and which are cunently not allowed on the propefty. The proposal brings the property into conformance with the Vail Village Master Plan. 2. The Town ol Vail has had the long held goal of binging employees back to the Town by increasing the supply of office space within the Town. This application implements this long held goal. 3. The proposal witt improve the sales tax generated for the Town of Vail by bringing clients and employees into the Town of Vail who will.in turn spend dollars in retail shops and restaurants whereas today no sales tax is generated by a vacant building. 4. The proposat witt inject tife and activity into an empty buitding in a landmak setting within the Town and eliminate the perception of economic instability in the Town. 5. The proposed application provides for uses within the building tfiat will improve the economic stability of the property and prevent an economically dr'stressed property from becoming a physical and financial burden on the Town of Vail and the property owner. STAFF RECQMMENDATION Staff is recommending approval of the rezoning from Commercial Core | 1o Commercial Service Center, a major amendment to Special Development District No. 21 , a text amendmenl to Section 12-7E-4 of the Vail Town Code, to allow lor privale clubs as a conditional use in the Commercial Service Center zone district, a conditional use permit for a private parking club in the Commercial Service Center zone district, and a conditional use permit to allow for residential dwelling units in the Commercial Service Center zone district, located at 12 Vail Road / -s$ "E0 portions of lots O and N, Btock 5D, Vail Viilage 1."t Fiting, subject to the findings and criteria as oullined in this staff memorandum. The specific findings and condilions associated with each application are listed below: Rezoning from GC1 to CSC Staff is recommending that the Planning and Environmental Commission fonrarda recommendation of approval of the rezoninq from Commercial Core I to Commercial Service Center to the Town Council subject to the following findings: 1. That the proposed zoning of Commercial Service Center is suitable with the existing land use on the site and adjacent uses. 2. That the amendmenl presents a convenient workable relationship with land uses consislent with municipal objectives. 3. That the rezoning provides for the growth of an orderly viable community. 4. That the change is consistent with the Land Use Plan. Major amendment to SDD lf21 Staff is recommending that lhe Planning and Environmental Commission forward a recommendation of approval of the maior amendment to Special Develooment District No. 21 to the Town Council, subject to the following findings: 1. Thal the proposed amendment to Special Development District No. 21, Vail Gateway, complies with the nine design criteria outlined in Section 12-9A-8 of the Town of Vail Municipal Code. The applicant has demonstrated to the satisfaction of the Commission that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. $^t q) Should lhe Planning and Environmental Commission choose to recommend approval of the proposed amendment to SDD #21, staff recommends the following conditions: 1. That the applicant completes each of the items listed below regarding basic maintenance and improvements prior to the issuance of a T.C.O. lor any of the units (residential or otfice) wilhin the Gateway: a. All ol the signs for the businesses that are no longer located within the building shall be removed.b. The sidewalk on the north side of the building shall be repairedc. The floodlights on the norlhwest corner of lhe building shall be removed.d. The stairwell on the east side of the building shall be cleaned and repaired. e. The lattice on the east side of the buildlng shall be repaired. That the applicant enters inlo an agreement with the Developer of the Vail Plaza Hotel East to creale a below ground access for -1. loading and delivery to the Gateway from the Vail Plaza Hotel tgA resolve loading and delivery concerns at the Gateway. Once d coordinated effort is reached the applicant shall submit revised plans to the Town of Vail Community Development Department for review and approval. Should the developer of the Vail Plaza Hotel East not pull a building permit, this condition is eliminated. (Refer to Ordinance No. 4, Series of 2000, for the requirements for the VailPlaza Hotel East) Conditional Use Permit- Multipl+family dwelling units infiv Slaff is recommending approval of the conditional use permit to allow lor a total of 9 multiole-familv dwellinqs at the Vail Gateway, subject to the following 3. That the applicant submits an application to the Department of Community Development prior to second reading of an ordinance\ ,. ( for a Conditional Use Permit to create housing for a minimum ot(8) \2 "employees should the required housing be providedpf*i€ \' z. -$$e findings: I That lhe proposed location of the use is in accordance with the purposes of the conditional use permit section of lhe zoning code and the purposes of the district in which the sile is located. That the proposed location of lhe use and the conditions under which it would be operated or mainlained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning cooe. Conditional Use Permit- Private Club Staff is recommending approval of the conditional use permit to allow for a private club at the Vail Gatewav, subject to the following findings: That the proposed location of the use is in accordance with the purposes of the conditional use permil section of the zoning code and the purposes of the district in which the sile is located. That the proposed localion of lhe use and the conditions under which it would be operated or maintained would not be detrimental to lhe public health, safely, or welfare or malerially injurious to properlies or improvements in the vicinity. 2. 3. {t. 2.$h' ( $sl 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. The recommendation of approval is subject to the following condifions: 1. Prior to first reading of lhe amending ordinance, that the applicant provides a parking plan which identifies the use and lype of ownership of each individual parking space. This information will be kept on file with lhe Department of Communily Development. Each space must be signed on the site accordingly. 2. That the approval of the conditional use permit for the private parking club is subject to the approval of the text amendments by the Town Council as outlined in Section Vlll of the staff memorandum 3. That no more lhan 39 of parking spaces shall be used as pah ol the private club. Text Amendments Staff is recommending that the Planning and Environmental Commission forward a recommendation of approval of the lexl amendments of the Vail Town Code to the Town Council, subject to the following findings: 'l . That the proposed amendments are consistent with the development objectives of the Town of Vail as stated in the Vail Land Use Plan. 2. That the proposal is consistenl and compatible with existing potential uses within Vail and generally in keeping with character of the Town of Vail. BACKGROUND AND HISTORY OF THE GATEWAY The Vail Gateway was originally the site of the Amoco Station, previously zoned Heavy Service (HS). In 1988, an application was received to rezone the property from HS to CC1 and approve a Special Development District to facilitate the developmenl of a mixed-use project which included retail, restauranl, commercial, office, and residential uses. Special Development District No.21 (Vail Gateway) was approved by Ordinance No. 9 in '1988. The expressed purpose of adopting SDD #21 was to allow for the rezoning of the property from HS to CC1. CC1 zoning and SDD lt21 were adopted to allow for a mix of uses on the property and to allow the development to exceed building height, as othenrvise prescribed in the CC1 zone district. Public benefits realized through the adoption of Ordinance No. 9 include, among other things, a pedestrian walkway on the north and west sides of the property, and substantial landscape improvements to the Vail Road and South Frontage Road intersection. The lollowing briefly outlines the Vail Gateway's development history: and the ilt_ Januarv 3. 1988-An applicalion is submitted to lhe Town of Vail Community Development Department on behalf of Mr. Leo Palmer proposing the establishment of SDD #21 . The establishment of the Districl would reouire a rezoning of the property from HS (gas station) to CC1. Februarv 22. 1988 - The Planning & Environmenlal Commission held a public hearing to discuss lhe SDD proposal and the rezoning. In their memorandum to the Commission staff expressed a concern with the proposed bulk and mass of the building and its effects on views to Vail Mountain. The staff further expresses to the Commission that according to the initial work done by Eldon Beck on building heights for the gas slation, "The Eldon Beck study does show that building heights for the development of this parcel of land should reach one to tvvo stories." The applicant was requesting a maximum building height of 62 feet. March 9, 1988 - Jeff Winston, the Town's Urban Design Consultant, addresses the Commission. In his presentation, Jeff offered a brief history on the. development of the view corridor for the Vail Village Inn area. The following is the staff recommendation on the request to establish SDD #21 : Staff generally supports the mixed use concept proposed in this redevelopment plan and the concept ol the rezoning to CCI . Although it may be considered spot zoning, we feel that the uses are compatible with the adjacent Vail Village lnn Special development District and are appropriate for this location within the community. However, we are not supportive of the uses proposed without the left turn lane and elimination of the surface parking as well as adequate parking provisions. We feel that the general concept of development proposed by the applicant is appropriate and believe that there is an opportunity here to provide an exciting and aesthetically pleasing entrance into Vail. The Community Development Department staff had, however, major concerns with the project as proposed. Staff felt the issues of bulk and mass, height, setbacks, view corridor encroachment and parking were all important issues that must be addressed. The slaff recommendation for this project was for the Planning Commission to table and allow the staff and the applicant to work logether to try to resolve some of lhese issues. Staff believed that with adequate resolution of the aforementioned issues, staff could support this project. However, as presented, staff believed there were major issues that needed to be addressed and could not support this project as presented. Although many of the uses of the Heavy Service District would certainly not be acceptable in this location, staff felt thal the existing service station was appropriate lo this location. . Staff believed that SDD #21 as proposed, presented impacts that were not acceptable. lf the applicant wished to move forward with this project as proposed, staff recommendation was for denial. The Commissioners voted 3-4 against a recommendation of approval to the Town Council. The dissenting votes were Hopkins, Schultz, Donovan and Oslerfoss. lv. Aoril 5. 1988 - The Vail Town Council approved Ordinance No. 9, Serles o/ 1.988, An Ordinance Rezoning Lot N And A Portion Of Lot O, Block 5D, Vail Village First Filing From Heavy Seruice District To Commercial Core t An Establishing Special Development Distict No. 21. In part, the ordinance allowed a maximum height of 54 feet for the Vail Gateway Plaza building and the further encroachment of a building into the view of Vail Mountain from the four-way intersection. Julf 29, 1996 - An application is submilted to the Town of Vail Community Development Department, on behall of Charles R. Lipcon, proposing a major amendment to SDD #21. The purpose ol the amendmenl is lo enctose an existing deck (460 sq. ft.) on the east side of the upper level of Condominium Unil No. 5. Auoust 26. 1996 - The Planning & Environmental Commission held a public hearing to evaluate the major amendment request. The Building Height Plan shows lhe Gateway Building at 5 stories, and indicates that it does not conform to the plan (story height at 9 feet). The elevation of the existing ridge was 54 feet above grade along the south elevation. The applicant wished to extend this ridge line approximalely 28 feet to the east. This raised the height of the building in the notch area. Staff believed that the additional height was not detrimental given the mass, bulk and height of the entire building. Following discussion of the request, the Planning & Environmental Commission voted unanimously (7-0) lo recommend approval of the major amendmenl request to the Vail Town Council. October 1.1996-The VailTown Council adopted Ordinance No. 17, Series of 1996, An Ordinance Providing For The Major Amendment Ot Special Development District No. 21, Vail Gateway; Amending An Approved Development Plan For Special Development District No. 21 ln Accordance With Chapter 18.40 Ot The Vail Municipal Code. In adopting the ordinance, the Council found, in part, that it: ...Meets the Design Standards as set forth in Section 18.40 of the Municipal Code... and that the major SDD amendment request is in compliance with the goals and objectives of the Vail Comprehensive PIan, as well as the purpose section of the SDD Overlay Zone District. ZONING ANALYSIS Please refer to the attached analysis. REZONING REQUEST-CRITERIA iOR EVALUATION The applicant is requesting a rezoning the Vail Gateway, located at 12 Vail Road, a portion of Lots O and N, Block 5D, Vail Village 1't Filing, from Commercial Core 1 (CC1) to Commercial Service Center (CSC). The property, should the rezoning be approved, would then be zoned SDD #21 with an underlying zoning of CSC. V. The criteria for a rezoning are described in Chapter 12-3-7 of the Town Code and discussed in detail below: A. ls the existing zoning suitable with the existing land use on the site and adjacent land uses? The Gateway is cunently zoned SDD #21, with an underlying zoning ofCC1. Ordinance No. 9, Series of 1988, approved the special development district, rezoning the property from Heavy Service (HS) to CC1, and setting forth the development standards for the property. With the underlying zoning of GC1, the uses of the property are limited by horizontal zoning. The only devialion from the current underlying zoning is from the height requirement. The purpose of the CCl zone district is: The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropiate to the permitted types of buildings and uses. Ihe District regulations in accordance with the Vail Village Urban Design Guide Ptan and Design Considerations prescibe site development standards that are intended to ensure the maintenance and preservation af the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. The applicant has requested a rezoning of the underlying zoning from CC1 to CSC. The deviations from the CSC zone dislrict include: GRFA, setbacks, landscape area, and building height. The purpose of the CSC zone district is: The Commercial Seruice Center District is intended to provide sites for general shopping and commercial facilities seruing the Town, Wether with limited multipleJamily dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropiate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permifted commercial uses. There are two properties currenlly zoned CSC; Crossroads and the Weststar Bank Building (SDD #23 with underlying zoning of CSC). CSC differs from CC1 primarily in that it does not vary the allowable and conditional uses in a building by story. ln addition, CSC has different development standards than CC'l . Staff believes that the CSC zone districl is compatible with the existing and proposed uses on the site and with adjacent land uses. Adjacenl properties include the proposed Vail Plaza Hotel East (Special Developmenl District with underlying zoning of Public Accommodation), the proposed Vail Plaza Hotel West (Special Development District with underlying zoning of Public Accommodation), and the Alpine Standard Stalion (Heavy Service). CSC allows for similar uses to lhe CC1 zone district, but does not have the same horizontal zoning requirements. The CSC zone district has been attached lor reference. Stalf does not believe that the uses allowed by CSC will have any detrimental effecls on adjacent uses. However, the development standards prescribed by the CSC zone district tend to be more stringent that those of CC1 . As a result, the deviations required from the underlying zoning will be greater. The deviations are discussed more fully in Section Vl of this memorandum. Staff believes that due to its distance from the Village Core, CC1 is not appropriate for this site. With the designation of "Mixed Use" in the Vail Village Master Plan, staff believes that CSC is more appropriate for the VailGateway B. ls the amendment presenting a convenient workable relationship with land uses consistent with municipal objectives? Slaff believes that the change from CC1 to CSC presents a convenient workable relationship consistent with municipal objectives. The change in zoning allows for similar uses lo what is allowed with CCl, but allows greater flexibility in lhe location of these uses. In addition, the allowable density of the property is reduced from 13 units to 9 units, the allowable GRFA is reduced from 80% lo 40/", site coverage is reduced lrom 80% to 75%, landscape area is increased from no requiremenl lo 20./", and the required lot area is increased from 5,000 sq. ft. to 20,000 sq. ft. Sta{f believes it is necessary to state that the change lrom CC1 to. CSC does result in a struclure that does nol conform to the development standards as prescribed by CSC zoning. However, an amendment to the SDD allows for devaitions from lhe development slandards provided that the public benefits of the proposal outweigh any adverse effects of the proposed deviations. This process is described in Section Vl of this memorandum. C. Does the rezoning provide for the growth of an orderly viable community? Because CSC does not include horizontal zoning, but allows for many of the same uses as CC1, staff believes that CSC will provide for the growth of an orderly, viable community. The lack of tenants in the Vail Gateway indicates that the uses allowed under CC1 are nol viable in this location. Staff believes that the uses proposed with CSC zoning will be more viable. However, because the uses of the building have gone from retail D. and restaurant uses to office uses, there will be a loss of potential sales tax revenue. CSC does allow the flexibility {or these uses to return. ls the change consistent with the Land Use Plan? The Vail Land Use Plan identifies the Vail Gateway as paft of the Vail Village Masler Plan, which is discussed in detail below. Staff has identified the following goals and objectives from the Vail Land Use Plan which staff believes are applicable lo this proposal: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and u pg raded when ever poss i bl e. 1.12 Vait shoutd accommodate most of the additionat growth in existing developed areas (infill areas). 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.8 Day skiers need for parking and access should be accommodated through creative solutions such as; lncreased busing from out of town. Expanded points of access to the mountain by adding additional base portals. Continuing to provide temporary surface parking. Addition of structured parking. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More nighttime buslnesses, on-going events and sanctioned "street happenings" should be encouraged. 4.1 Future commercial development should continue to occur primarily in gxisting commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 lncreased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. a,l b) d) 10 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserued. (scale, alpine character, small town feeling, mountains, natural setting, intimate si ze, cos m opol itan fe e I i ng, e nvi ro n me ntal qu al ity. ) 4.4 The connection between the Village Core and Lionshead should be enhanced through: a) lnstallation of a new type of. people mover.b) lmproving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, and/or sculpture plaza.c) New development should be controlled to limit commercial uses. 5.1 Additionat residentiat growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands far a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs shouldbe accommodated at varied sites throughout the community. The Vail Village Master Plan identifies the property as "Mixed Use". The Vail Village Master Plan defines "mixed use" as This category includes the "historic" Village core and properties near the pedestrianized streets of the Village. Lodging, retail, and a limited amount of office use are found in this category. With nearly 270,000 sq. ft. of retail space and approximately 320 residential units, the mixed use character of these areas is a maior factor in the appeal of the Vail Village. Specifically regarding the Gateway property, the Vail Village Master Plan, in part, states: "lf existing approval expires this sile should be sludied to determine best use." Staff has identified the following goals and objectives from the Vail Village Master Plan which effect this proposal: tl Goal #1 - Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain ifs sense of community and identity. 1.2.1 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. Goal #2 - To foster a strong tourist industry and promote year- around economic health and viabilty for the Village and for the community as a whole. 2.1 Objective: Recognize the variety ot land uses found in the 10 sub-areas throughout the Village and allow for development that is compatible with these established land use pafterns. 2.4 Objective: Encourage the development of a variety of new commercial activity where compatible with existing land uses. 2.5 Objective: Encourage the continued upgrading, renovation, and maintenance of existing lodging and commercial facilities to better serue the needs of our guests. 2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. Goal #5 - lncrease and improve the capacity, efficiency, and aesthetics of the transpoftation and circulation system throughout the Village. 5.1 Objective: Meet parking demands with public and private parking facilities. 5.1.3 Policy: Seek locations for additional structured public and private pa*ing. Staff believes that the rezoning from CC1 to CSC is consistent with the goals and objectives o{ the Vail Land Use Plan and the Vail Village Master Plan. THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT PROCESS The applicanl is also requesting a major amendment to SDD #21 . The only deviation from underlying zoning when the Gateway was originally approved with CC1 as the underlying zone district was from the height restrictions. The public benefit identified for the SDD was a pedestrian walkway on the north and west sides of the property. At the time, no employee housing units were required. vt. 12 With the major amendment to the SDD, no exlerior changes are proposed. The addition of GRFA and lhe change in the underlying zoning from CC1 to CSC require a major amendment to the SDD. lt is important to note that with the change from CC1 to CSC, the deviations from the underlying zone district of CSC are greater than those from CCl. Specifically, the deviations are lor GRFA; setbacks, building height, and landscape area. According to Section 12-9A-9 of the Zoning Regulations: Development standards inctuding lot area, site dimensions, setbacks, height, density control, site coverage, Iandscaping and parking shall be determined by the Town Council as part of the approved devetopment plan with consideration of the recommendations of the Ptanning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development districfs compliance with the design criteria outlined in Section 12-94-8 of this Article. Chapter 12-9 of the Town of Vail Municipal Code provides for the amendment of existing Special Development Districts in the Town of Vail. According to Section 12-gA-1 , the purpose of a Special Development District is, To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate'the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan- An approved development plan for a Special Development District, in cortjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. According to Section 12-9A-2, a major amendment lo a Special Development District is defined as, Any proposal to change uses; increase gross residentia! floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development distict (other than "minor amendments' as defined in this Section), except as provided under Sections 12-15-4, 'lnterior Conversions", or 12-15-5, "Gross Residential Floor Area (250 Ordinance)" ol this Title. The Municipal Code provides a framework for the amendment of an established Special Development District. According to the Municipal Code, prior to site preparation, building construction, or other improvements to land within a Special Development Districl, there shall be an approved development plan for the Special Development District. The approved development plan establishes 13 requirements regulating development, uses and activity within the Special Develooment District. Upon final review of a proposed major amendment of an existing Special Development District, a report from the Planning and Environmental Commission stating its findings and recommendations and a staff report shall be forwarded to the Town Council, in accordance with the provisions listed in Section 12-16-6 of the Municipal Code. The Town Council's consideration of the Special Development District shall be in accordance wilh the provisions of the Municipal Code and approved by two readings of an ordinance. An approved development plan is development, uses and activities of principal document in guiding the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevalions, vicinity plan, parking plan, preliminary open space/landscape plan, densities and permitted, conditional and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Special Development District, permitted, conditional and accessory uses shall be limited lo those permitted, conditional and accessory uses in the property's underlying zone district. The Municipal Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development Districl. lt shall be the burden of the applicant to demonstrate that submiltal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The staff has addressed each of the nine SDD review criteria below: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. No changes are proposed to the exterior of the building. Therefore, staff does not believe that this criterion applies to lhis major amendmenl to the SDD. However, there are some general maintenance concerns that staff has identified and believe should be conditions of approval: 'l . All of the signs for the businesses that are no longer located within the building shall be removed.2. The sidewalk on the north side of the building shall be repaired3. The llood lights on the northwest corner of the building shall be removed. the the 14 B. 4. The stairwell on the east side of the building shall be cleaned and repaired.5. The lattice on the east side of the buibing shall be repaired. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposal to redevelop the Vail Gateway include lhe conversion of existing retail and reslauranl space into office space, the addition of two dwelling units, and the addition of a privale parking club. The density allowed by CSC zoning is 18 dwelling units per acre, or g dwelling units allowed on this site. The applicant is proposing 9 dwelling units, which is equal to 16.2 dwelling units per acre. Stalf believes that these uses are compatible with the surrounding uses, which include the Vail Plaza Hoter East (proposed), the Vail Plaza Hotel West (proposed), and the Alpine Standard. The Vail Plaza Hotel East is proposed at 12.7 dwelling units per acre. The Vail Plaza Hotel West is proposed at 6.47 dwelling units per acre. Currently, the HS zoning of the Alpine Standard does not allow any residential uses on the site. The conditional use permits required for the dwelling units and private parking club are discussed in Section Vll of this memorandum. Emplovee Housinq Requirements As indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing lor employees is a critical issue which should be addressed through the planning process for Specia. Development District proposals. In reviewing lhe proposal for employee housing needs, staff relied on lhe Town of Vail Employee Housing Report. This report has been used by the staff in the past to evaluate employee housing needs. The guidelines contained within the report were used most recently in the review of the Vail Plaza Holel West developmenl proposal. The Employee Housing Report, was prepared for the Town by the consulting firm Rosall, Remmen and Cares. The report provides the recommended ranges of employee housing units needed based on the type of use and the amount of floor area dedicated to each use. The figures identified in the Housing Report are based on surveys of commercial-use employment needs of the Town of Vail and other mountain resort communities. For comparison purposes, Telluride, Aspen and Whistler B.C. all have "employment generation" ordinances requiring developers to provide affordable housing for a percentage of the "new" employees resulting from commercial development. "NeW' employees are defined as the incremental increase in employment needs resulting from commercial redevelopment. Each of the communities assesses a dilferent percentage of affordable housing a developer must provide for the "new" employees. For example, Telluride requires developers to provide housing tor 40"/" (0.a0) of lhe "new" employees, Aspen requires that 60% (0.60) of the "new" employees are provided 't5 housing and Whistler requires that 100% (1.00) of lhe "new" employees be provided housing by the developer. In comparison, Vail has conservatively determined that developers shall provide housing for 15% (0.15) or 30% (0.30) of the "neW'employees resulting from commercial development. When a project is proposed to exceed the density allowed by the underlying zone district, the 30% (0.30) figure is used in the calculation. lf a project is proposed at, or below, the density allowed by the underlying zone districl, the 15"/o (0.15) ligure is used. This special development district major amendmenl proposal exceeds the density (GRFA is considered a measure of density) permitted by the underlying zone district, and therefore, the 30% figure shall be used. However, for the existing development which did not exceed density, the 15% figure is used. EMPLOYEE HOUSING GENERATION ANALYSIS When SDD #21 was originally approved, no employee housing units were required. The applicanl is proposing no employee housing units in conjunction with this major SDD amendment. Staff believes that there is a defined town objective addressing the public need for employee housing. Recent SDDs and SDD major amendments have required EHUs, including, but not limited to: SDD #35-Austria Haus: 7 EHUs SDD #31 -Golden Peak House: 2 EHUs SDD # 7- Maniott Mark: 6 EHUs SDD #30 - VAC: 5 EHUs SDD #36 - Vail Plaza Hotel West: 14 EHUs The staff analysis below indicates the top, the middle and the bottom of the ranges recommended by the Town ol Vail Employee Housing Report, as well as a staff recommended figure which was used in determining the employee housing needs of the Vail Gateway. Staff is providing the Employee Housing Generation Analysis for the existing development and the proposed changes: Existing Development - Bottom of Range Calculations: a) RetaiUService Commercial =6,904 sq. ft. @(5/1000 sq. ft.) 34.52 employees b) Multi Family (Club Units) c) Bar/Restaurant =7 units @(.4/unit) .8 employees =9,444 sq. ft. @ (5/1000 sq. ft.) = 47.22 employees Total Employees 84.54 = employees (X 0.15 multiplier) 12-7 = new employees Existing Development - Middle of Range Calculations: 16 a) b) c) Retail/Service Commercial Multi Family (Club Units) Bar/Restaurant =6,904 sQ. ft. @(6.5/1000 sq. ft.) 44.88 employees =7 units @(.4/unit) 2.8 employees =9,444 sg. ft. @ (6.5/1000 sq. ft.) = 61.39 employees 109.07 = employees 16.4 = new employees 67.67 = employees 20.3 = new employees 86.88 = employees 26.1 = new employees Total Employees (X 0.15 multiplie0 a) b) c) Multi Family (CIub Units) Existing Development - Top of Range Calculations: RetaiUService Commercial =6,904 sQ. ft. @(8i1000 sq. ft.) = 55.23 employees =7 units @(.4/unit) 2.8 employees Bar/Restaurant =9,444 sq. ft. @ (8/1000 sq. ft.) = 75.5 employees Total Employees 133.53 = employees (X 0.15 muhiplier)20.0 = new employees Proposed Development - Bottom of Range Calculations: Otfice: Prolessional/Other =12,813 sq. ft, @(5/1000 sq. ft.) = 64.07 employees Multi Family (Club Units) =9 units @(.4/unit) 3.6 employees a) b) Total Employees (X 0.30 multiplier) a) b) Proposed Development - Middle of Range Calculations: Ofiice: ProfessionallOther =12,813 sq. ft. @(6.5/1000 sq. ft.) Multi Family (Club Units) 83.28 employees =9 units @(.4/unit) 3.6 employees Total Employees (X 0.30 multiplier) a) Proposed Development - Top of Range Calculations: office: Professional/other =12,813* . 9J:1l3r"t.j;ll"r= 17 b)Multi Family (Club Units)=9 units @(.4/unlt) = 3.6 employees 106.1 = employees 31.8 = new employees Total Employees (X 0.30 multiplier) Staff Recommended Ranoe Calculations: The analysis above has been provided for comparison and discussion purposes. Staff acknowledges that employee numbers determined as a result of the methodology may be inconsistent with numbers generated for olher redevelopment proposals. However, in the absence of any other codified or reasonably accepted methodology, or a proposal from the applicant, this approach was used as a basis for discussions. Arguably, slaff agrees that other methods of determination could be used to calculate employee housing needs. Most importantly, statf believes lhat lhe Town of Vail has consistently required applications for redevelopment within Special Developmenl Districts to mitigale development impacts. Staff acknowledges that number of units required for final approval has not always equaled the number determined as a result of the employee generalion analysis. Because of the change in uses, staff believes that the proposal for the Vail Gateway will reduce the number of employees generated by 16.87 employees (from 84.441o 67.67). To be consistent in the application of requiring employee housing to mitigate development impacts and to address the identified public interesl, staff recommends thal the applicant for the Vail Gateway proposal be required to provide employee housing. Staff acknowledges that there will be an overall reduction in the potential number of employees on the Vail Gateway site as a resull of this redevelopment proposal. However, staff recognizes thal the original SDD approval did nol require, nor did the applicant provide, any employee housing. Fundamenlally, staff believes that this applicant should be required lo address the impacls of developmenl on this site. The exact number of units or beds to be required should be discussed. The Vail Gateway redevelopment application proposes to exceed the allowable density (GRFA is a measure of density) on the site, and therefore, the 30% multiplier was used in the determination of employee generation. Under CC1 zoning, the Vail Gateway did not exceed density, so the 15% multiplier was used. The difference in the number of employees requiring housing is 7.6. This is based on the use of the Vail Gateway as professional offices that generate the need for year-round employees. Depending upon the size of the employee housing unit provided, it is possible to have up to two employees per bedroom. For example, a two- bedroom unit in the size range of 450 - 900 square feet, is possible of accommodaling three to four employees. These figures are consistent 18 c. with the requirements for the Type lll employee housing units outlined in the MunicipalCode. The applicant is proposing no employee housing units in conjunction with the proposal. Again, staff recommends that il is necessary lor the applicant to provide employee housing to be'consistenl in our application of requiring the mitigation of development impacts. Overall, staff believes that the density and uses proposed by the applicant for the Vail Gateway do not conflict with lhe compatibility, efficiency or workability of the sunounding uses and/or activities. Compliance with parking and loading requirements as outlined in Chapter 12-10 ol the Town of Vait Municipat Code. Parkinq The applicant exceeds the paking requirement as outlined in Chapter 12- 10 of lhe Town Code. According to Chapter 12-10, the applicant is required to provide 47 parking spaces. According to the existing plans on file with the office of Community Developmenl, there are 93 spaces in the parking structure. On site, there are currently 92 spaces in the parking structure. Of these, 42 are tandem spaces. Tandem spaces are allowed for valet parking and tor residential parking. The applicant is proposing that the private parking club will utilize 39 parking spaces. The current parking requirement for dwelling units al the Vail Gateway is 1.4 per unit. However, the applicant is allocating 2 spaces per unit. Valet services will be provided. Staff is recommending a condilion for a parking plan that clearly indicates which uses specific parking spaces will be reserved for. According to the Town Code, the proposed uses require 47 parking spaces. There are currently 92 spaces in the parking structure. The applicant is proposing that a maximum of 39 of the spaces will be used lor the parking club, leaving a remainder of 6 spaces. This will allow for any future expansions or changes in use that would require additional parking to be accommodated on site. Loadinq The applicant is not currently proposing any changes to the loading situation at the Vail Gateway. However, there is a condition of approval for SDD #6, Vail Village Inn, which states: That the Developer coordinate efforts with the owners of the Gateway Building to ueate a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve potential loading and delivery concerns at the Gateway. lf a coordinated effort can be reached the Develooer shall submit revised plans to the Town of Vait Community Development Department for review and approval, prior to the issuance of a building permit, Staff recommends that a similar condition be placed on the Vail Gateway regarding a combined loading and delivery system for the Vail Gateway 19 D. and the Vail Plaza Hotel. This will eliminate loading and delivery traffic from Vail Road, locating it instead on lhe Frontage Rd. and addresses the concern of the Gateway residential owners that the currenl loading and delivery facility for the Gateway has negative impacts on their enjoyment of the residential units. The implementation of the recommended condition may cause a reduction in the number of parking spaces available for lhe use of the private club. Conlormity with the appticable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. A complete analysis of the Vail Land Use Plan and Vail Village Master Plan are in Section V of this memorandum. The applicant is proposing no exterior changes as this time. ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. There are no natural and/or geologic hazards that effect the applicant's property. Site plan, building design and location and open space provisions designed to produce a tunctional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The applicant is not proposing any exterior changes to the building. Therefore, staff believes that this criterion is not applicable to this application. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Staff believes that the existing circulation syslem is appropriate for the change in use. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. No exterior changes are proposed. Staff feels that the existing landscaping and open space are satisfactory. Phasing plan or subdivision plan that will maintain a workable, lunctional and efficient relationship throughout the development of the special development district. This criterion is not applicable to this project. F. G. H. 20 vil.CONDITIONAL USE PERMIT REVIEW CRITERIA The issuance of a conditional use permil is required to allow for the residential dwelling units and the private parking club at the Vail Gateway. The applicant is proposing a tolal of 9 dwelling units on the site. The applicant is also proposing that 39 of the parking spaces on site be utilized as part of a private parking club-. In addition, 240 sq. ft. of the building is allocated to the use of the parking club, providing guesl services to the club members, including ski storage and reslrooms. The review criteria for d request of this nature are established by the Town of Vail Municipal Code. The proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Title 12, Chapter 16. For the Planning and Environmental Commission's relerence, the conditional use permit purpose statement indicates that: ln order to provide the flexibitity necessary to achieve the objectives of this title, specified uses are permitted in ceftain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, condition_al uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties- The review process prescibed in this chapter is intended to assure compatibility and harmonious development between conditional uses and sunounding properties in the Town at large. Uses listed as conditional uses ln the various districts may be permitted subject to such conditions and limitations as the Town may prescibe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. A. Gonsideration of Factors: 1. Relationship and impact of the use on development objectives of the Town. Multiple-familv dwellinqs: The eslablishment of a Special Development District does not allow a proposal to vary the uses of the underlying zoning. Multiple{amily dwellings are considered a conditional use in the CSC zone district. The applicant is proposing 9 dwelling units on the property. Staff has identified lhe following objectives from the Vail Land Use Plan which stalf believes are applicable to the conditional use permit request for the existing and proposed multiple{amily dwellings: 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private etforts, asslsled by limited 21 incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserued and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Staff believes that the multiple-family dwellings meet the objectives of the Town of Vail. However, stalf believes that it is necessary to provide employee housing with this development, Type lll Employee Housing Units should be developed as part of the new residential GRFA lhat is proposed. Private club: The applicant is proposing a private parking club which, if the text amendment to CSC is approved, is considered a conditional use in the CSC zone district. A similar product can be seen at Golden Peak. Staff has identified the following objective from the Vail Land Use Plan which stalf believes are applicable to the conditional use permil request for the private parking club: 2.8 Day skiers need for parking and access should be accommodated through creative solutions such as: a) lncreased busing from out of town.b) Expanded points of access to the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. d) Addition of structured parking. In addition, staff has identified the following goals and objectives from the Vail Village Master Plan which are applicable to this project: Goal #5 - lncrease and improve the capacity, efficiency, and aesthetics of the transportation and circulation system throughout the village. 5.1 Objective: Meet parking demands with public and private parking facilities. 5.1.3 Policy: Seek locations for additional structured public and private parking. 22 4. Staff believes that the provision of additional private parking through the parking club is a benefit to the Town of Vail by eliminating some of the pressure on the public parking facilities. In addition, the Vail Transportation Master Plan identifies the following goal: Retain the private parking supply as an important and needed element. Effect of the use on light and air, distribution of populatiqn, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Multiole- familv dwellinqs: The additional dwellings are created by infilling an existing vaulted space within the Vail Gateway. Staff does not believe that there will be any negative effects of the use on lighl and air. The density proposed is within the allowable density for the CSC zone district. CSC allows for 9 dwelling units on this sile. The applicant is proposinE 9 dwelling units on site. Stafl does not believe that there will be any adverse effects on lhe above listed criteria. Private club: The private parking club will a positive impact on the above-mentioned criteria. The provision of private parking lessens the need for additional public parking facilities. Etfect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal ol snow from the streets and parking areas. Multiole-familv dwellinos: As stated above, the additional dwelling units will be created by the inlill of an interior space. Statf does not believe that the additional dwelling units or existing 7 dwelling units will have any adverse effects on lhe above listed criteria. Private club: As stated above, staff believes that the private parking club will be benelicial. lt uses an underutilized parking structure. Effec! upon the character of the area in which the proposed use is to be located, inctuding the scale and bulk 6t tne proposed use in relation to surrounding uses. Multiple{amilv dwellinos: Staff does not believe that the addition of 2 dwelling units, nor the existing 7 dwelling unils will have a negative effect on the character of the area. Adjacent properties include olher mixed use developments (Vail Plaza Hotel East and West). While there are no current plans to redevelop the Alpine 23 Standard, discussions with the owner have also indicated that a redevelopment would include a mixed-use product which would include residential dwelling unils. Because there are no exlerior changes proposed, staff does not believe that there will be any adverse effects on surrounding uses. Private club: Staff does not believe that lhe private parking club will have any negative effects on the character of the neighborhood. The parking spaces cunently exist on site. B. FINDINGS The Planning and Environmental Commission shall make the following findings before granting a condilional use permit: 2. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is localed. 2. That the proposed localion ol the use and the conditions under which it would be operated or maintained would not be detrimental to lhe public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. VIII. REVIEW CRITERIA AND FINDINGS FOR ZONING CODE AMENDMENTS In addition to the rezoning request, the appllcant has requested an amendment to the Commercial Service Center zone dislrict, allowing private clubs as a conditional use in the zone district. Currently, the zoning code defines "private" as 'A use, area, property or facility which is not public," The zoning code currently allows private clubs as a conditional use in the following zone districts: Residential Cluster Low Density Multiple Family Medium Density Multiple Family Public Accomniodaioh Ski Base Recreation ln addition 1o amending the code to allow for private clubs as a conditional use in the CSC zone district, staff is alsb proposing a definition of a privale club. This will allow for greater clarification in other situations. The following amendments are proposed: 12-7E-4: CONDITIONAL USES: Private Club 24 ' 12-2-2: DEFINITIONS Private Club: an association of persons and its premises who are bonafide members paying dues, use of such premises being restricted to members and their guests. The review criteria for a request of this nature are established by the Town of Vail MunicipalCode. Consideration of Factors: 1. That the proposed amendments are consistent with the .development objectives of the Town of Vail as stated in the Vail Land Use Plan. As a conditional use, the addition of a private club will be subject to the following review crileria: 1. Belationship 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 sfreets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The addition of a definition of "private club" will clarify the use in all situations. Staff believes that this will improve the development review process for both applicants and staff. 2. That the proposal is consistent and compatible with existing and potential uses within Vail and generally in keeping with the character of the Town of Vail. Again, staff believes that as a conditional use, subject to the above review criteria by the Planning and Environmental Commission, private clubs can be reviewed for compatibility with existing and polential uses within the Town in the CSC zone district. 25 TO: FROM: DATE: SUBJECT: MEMORANDUM Town Council Allison Ochs, Department of Community Development July 24, 2001 The Planning and Environmental Commission recommendations regarding the proposal for the Vail Gateway. L THE PEC'S RECOMMENDATIONS tOR THE VA|L GATEWAY The Planning and Environmental Commission voted to approve the requests for the Vail Gateway at lheir July 23,2001, meeting. The following outlines the motions and conditions of each of the five separate requests: 1. Rezoning f rom CC1 to CSC Recommended approval to the Town Council Motion: Brian Doyon 2nd: Chas Bernardt Vole: 5-0 2. Major amendment to SDD #21 Recommended approval to the Town Council with the following 4 conditions: Motion: Brian Dovon 2nd: Dick Cleveland vote: 4-1 (Doug against) . Thal the applicant completes each of the items listed below regarding basic maintenance and improvements prior 1o the issuance of a T.C.O. for any of the units (residential or office) within the Gateway: a. All of the signs for the businesses that are no longer located within the building shall be removed.b. The sidewalk on the north side of the building shall be repairedc. The floodlights on the northwesl corner of the building shall be removed.d. The slairuell on the east side of the building shall be cleaned and repaired.e. The lattice on the east side of the building shall be repaired. o That the applicant enters into an agreement with the Developer of the Vail Plaza Hotel East lo create a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve loading and delivery concerns at the Galeway. lf a coordinated effort is reached the applicant shall submit revised plans 1o the Town of Vail Community Development Departmenl for review and approval prior to building permit. . The PEC recommends to the Town Council that the applicant provide housing for '1 to 5 employees. The exact number shall be determined by the Town Council. . That the applicant submits an applicalion to the Department of Community Development prior to second reading of an ordinance for a Conditional Use Permit to create housing for 1 to 5 employees, should the Town Council require employee housing. The housing shall be located within the Town of Vail. 3. Conditional Use Permit for multiple-family dwelling units. Approved Motion: Doug Cahill 2nd: Dick Cleveland Vote: 5-0 4. Conditional Use Permit for the private parking club Approved with 3 conditions Motion: Doug Cahill 2nd: Dick Cleveland Vote: 3-2 (John Schofield and Brian Doyon against) . Prior 1o first reading of the amending ordinance, that the applicant provides a parking plan which identifies the use and type of ownership of each individual parking space. This information will be kept on file with the Department of Community Development. Each space must be signed on the site accordingly. r That the approval of the conditional use permit for the private parking club is subject to the approval of the text amendments by the Town Council as outlined in Section Vlll of the staff memorandum. r That no mord than 39 of parking spaces shall be used as part of the private club. 5. Text amendment to CSC Recommended approval to the Town Council Motion: Brian Doyon Second: Doug Cahill Vote: 4-1 (John Schofield against) II. EMPLOYEE HOUSING At the Planning and Environmental Commission meeting, lhere was much discussion regarding requirements for employee housing. While there are no codified requirements for employee housing in a special development district, the Planning and Environmental Commission and Town Council have required employee housing on recent major amendments and new special development districts. Statf provided an analysis with employee generation rates in the memorandum that the Planning and Environmental Commission received. However, the Planning and Environmental Commission felt that the requirement to provide housing for 8 employees was too stringent. The Planning and Environmental Commission did state that they believed emptoyee housing was a necessary component of the major amendment to SDD #21 and requested that Council further investigate an adequate number. During the meeting, it was suggested that because one of the deviations from the underlying zoning is from GRFA, that the employee generation rates should be focused on that deviation. In effect, the applicant is requesting a deviation from the GRFA requiremenls of approximately 7,500 sq. ft. This 7,500 sq. ft. of GRFA will be within 2 new dwelling units: Multi Family Units = 2 units @ (O.4lunil) = 0.8 employees 0.8 empfoyees * 0.30 multiplier = O.24employees According to the above calculations, the Planning and Environmental Commission recommended that the applicant be required to provide deed- reslricted housing lor 1 employee. Qta TOWN OF VAIL Depmtmenl of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2 t 38 FAX 970-479-2452 www,ci.vail.co.us July 24,2001 Dominic Mauriello PO Box 2658 Edwards, CO 81632 RE: The Vail Gateway, located at 12 Vail Road / portions of lots o and N.Block 5D, Vail Village 1"t Fiting- Dear Dominic: The Planning and Environmental Commission voted to approve the reguests for the Vail Gateway at their July 23, 2001, meeting. The following orittines the motions and conditions of each request: 1. Rezoning from cc1 to csc - recommended approval to lhe Town council 2- Major amendment to sDD #21 - recommended approval to the Town council with the following conditions: r That the applicant completes each of the ilems lisled below regarding basic mainlenance and improvements prior to the issuance of a T.c.b. for anv of the units (residential or office) within the Galeway: a. All of lhe signs for the businesses that are no longer located within the building shall be removed.b. The sidewalk on the north side of the building shall be rePairedc. The floodlights on the northwest corner of the building shall be removed.d. The stairwell on the east cleaned and repaired.e. The lattice on the easl repaired. side of the building shall be side of the building shall be ' Ihat the applicanl enters into an agreement wilh the Developer of the Vail Plaza Holel East to create a below ground access for loading and delivery tothe Gateway from the Vail Plaza Hotel to resolve loading and delivery concerns at the Gateway. lf a coordinated effort is reached the aoolicant shall submit revised plans to the Town of Vail community Develbpment Department for review and approval prior to building permit. {p """ouo'uo . That the applicant submits an application to lhe Department of Community' Development prior to second reading of an ordinance for a Conditional Use Permit to create housing for 1 to 5 employees. The housing shall be located wilhin the Town of Vail. 3. Conditional Use Permit for multiple-family dwelling units - approved 4. Conditional Use Permit for the private parking club - approved wilh conditions . Prior to first reading of the amending ordinance, that the applicant provides a parking plan which identifies the use and type of ownership of each individual parking space. This information will be kept on file with the Department of Community Development. Each space must be signed on the site accordingly. . That the approval of the conditional use permit for the private parking club is subject to the approval of the text amendments by the Town Council as outlined in Section Vlll of the staff memorandum. . That no more than 39 of parking spaces shall be used as part of lhe private club. 5. Text amendment to CSC - recommended approval to the Town Council The Planning and Environmental Commission required that they review the parking management plan prior to first reading of the ordinance. Because the next scheduled Planning and Environmental Commission meeting is scheduled for August 13th, you will not be able to go for first reading until after August 13th. I know that the applicant will be out of town and will leave it up to you for when you would like to go for firsl reading of the ordinance. Fortunately, I will not be out of the office in the foreseeable future, so if you have any questions or concerns regarding the Vail Gateway, staff memorandum, or anything related to the project, please contact me directly. I would be glad to meet regarding any concerns you or the applicant might have. My direct line is 970-479-2369 or I can be reached via e-mail at aochs@ci.vail.co.us. Planner ll Town of Vail I. Application Supplement For Amendments to the VAIL GATEWAY BUILDING Town of Vail, Colorado , June 11,2001 Introduction The Vail Gateway Building was originally proposed in the late-l980's and dwing the review ofthe project there was a great deal ofdebate regarding how this parcel ofland should be developed. The parcel's location at the "gateway''to Vail Village made it a very strategic parcel of land, however it's physical separation from the Village's pedeshian corridors presented a number of other challenges. lJltimately the project was approved as Special Development District No. 21 with an underlying zoning of Commercial Core 1 (CCl) and in the early 1990's the Gateway Building was opened with a mixture of retail shops, restaurants and residential condominiums. Over the past I I years it has become apparent that the retail and restaurant aspects of the project simply do not work. At the time of this application all restaurant and retail spaces within the building are vacant. Reasons for the failure of businesses within the building cannot be athibuted to any one sourc€, however it seems very evident that the site's isolation from the pedestrian areas along Meadow Drive and the Village core make it difficult to attract pedestrians to the project. While only one block off of Meadow Drive, the Gateway Building is apparently too far "offthe beaten path" to sustain retail and restaurant uses. All commercial space within the building is owned by one entity (the six residential units are owned by individual owners). In response to the failure ofretail and restaurant uses, the owner of the commercial space has spent the past year evaluating a variety of different development programs in an attempt to revitalize what can only be described as a distressed property. Existing zoning of the property has proven to be a major constraint to assembling a feasible re-development program for the building. The fundamental problem with the revitalization of the building has proven to be the CCl underlying zoning. As with any SDD, the underlying zoning establishes permitted and conditional uses for the property. The CCI district essentially allows for only retail and restaurant uses on street level. While this zoning was deemed appropriate for the original developers concept for the building, history has demonstrated that retail and restaurant uses are not viable. Due to the limited range of uses permitted on the street level, the CCI zone district presents a major conshaint to the revitalization of this building. Vail Gateway Building, Vail, Colorado Braun Associates. Inc. Page I The proposed revitalization of the building is intended to provide viable commercial activity in this mixed-use area of the Town and would be accomplished primarily by simply broadening the range of commercial uses permitted within the building. The major elements of this revitalization proposal include the following: r A change to underlying zoning in order to allow for office and other commercial uses on the street level of the building, o The addition of two residential dwelling units on the third floor, . Establishment of a "parking club" within the building, and r All proposed modifications will take place within the existing building, i.e. no physical expansions of the building are proposed. The zone change is intended to allow for office use on the street level ofthe building and will also maintain the mixed-use character of the building. At the same time, this change will allow for a use (office) that is not dependant upon pedeslrian traffic. Employees, visitors, and activity will be introduced to the site that at the same time will help support other retail and commercial businesses in the surrounding area. The parking club concept was developed in response to the over abundance ofparking already existing on the property (after accounting for the changes in potential uses, the property will have a surplus of39 parking spaces). The applicant believes that this can be a successful use for the property by providing guests and residents the opportunity for "close-in" parking and club amenities, thus reducing demands placed on the town's parking structures. The proposed residential units on the third floor represent a limited expansion of a land use that has proven to be a viable use on the site. Total project density will be within the density levels originally approved by SDD No. 21. The proposed re-development package, taken as a whole, provides a win-win solution for both the owner of the building and the community. In order to allow for these changes, the following five applications have been submitted; r Change to the underlying zoning from Commercial Core 1 (CCl) to Commercial Service Center (CSC). This change will allow for office uses on the ground floor of the building. The CSC district is a more appropriate zoning for the property based on the Town's Land Use Plan and Vail Villaee Master Plan. o Major amendment to SDD No. 21. This amendment will allow for minor changes to the development plan and to development standards and also acknowledge the change to the underlying zone district. o Zornng text amendment to ihe Commercial Service Center zone district. This amendment will allow for "orivate clubs" as a conditional use. Vail Gateway Building, Vail, Colorado Braun Associates. Inc. Page 2 II.Rezoning from Commercial Core 1 to Commercial Service Center The change in underlying zoning from Commercial Core 1 to Commercial Service Center is proposed in order to allow for a wider range ofuses on the property, specificaliy the introduction of office uses on street level. With the exception of the "horizontal-use zoning" found in the CCI district, there are very few differences in permitted and conditional in the CCl and CSC districts. There are some slight differences in the development standards (i.e. setbacks, building height, etc.) of these two disfficts. However, SDD No. 21 establishes development standards for this property and as such, any differences between the developrnent standards of CC1 and CSS are academic. The only other site in Vail currently zoned CSC is the Crossroads Plaza. Crossroads is proximate to the Vail Gateway property and also has a very similar context to Vail Gateway. Both sites are located along the Frontage Road and both are located on the periphery of Vail Village. Both properties have been developed as mixed-use projects with office, retail and residential uses. When the Gateway Building was originally proposed the property was zoned Heavy Service:ind was occupied by a gas station. Not long after the Gateway Building was approved, the Vail Village Master Plan (VVMP) was adopted. This Plan designated the Gateway site as "mixed use". The Plan also defined a portion of the Village as Commercial Core I and the Gateway Building was not included within this area. As such, the current CC1 zoning is in conllict with the land use designation of the VVMP. The proposed change to CSC would be consistent with the WMP's mixed-use designation and bring the property into greater compliance with the Plan. The criteria which the Town uses to evaluate a rezoning request include: Is the proposed zoning suitable with the existing land uses on the site and adjacent land uses? Response: The uses listed in the CSC zone district are nearly the sante as tltose contained in the CCI district. The location of uses within the building dffirs in that the CSC zone allows ffice uses on any level of a huilding. In terms of compatibility, the CSC zone district is consistent and complementury of the uses located on-site and on neighboring properties. The proposed CSC zoning will continue to allow mixed uses consistent with the Vail Villase Master Plan and the Vail Land Use Plan. Is the amendment preventing a convenient workable relationship with land uses consistent with municipal objectives? 1) 2) Vail Gateway Building, Vail, Colorado Braun Associalcs, Inc- Page 4 Response: The proposed CSC zone district will provide for mixed-use development consistent with the Vail Yillage Mast* Plan. Byfurthering the goals of the WMP, this proposal is consistent with municipal objectives. Gafeway Building, Vail, Colorado Brtun Aeeociatcs, Inc. LEI.,CI\U l-:::1i,,l |-.1ll MIXEb LSE MEDIUMJI.IIGH !€NA$Y RTSIDENTIAL LOW p{NSlrY BSSIS€NIAL This map designates the Vail ir'" t'-' .1.-;;-.,,.i*}.ix ::::::ru *.;::i t--.:f:.??-l l.: :::.: :::,:.:.:l pUzuC FAC JTTY.PAn,{li.l6hLi;lii.3lia f---- l sKi EASe t RECREATIoII Gateway Building as "Mixed-Use." ' .:i' i . $A[ vtLrAGE r".lASTEfr P1.AN BOUN1 \SY c$\t{rRclAL :*Rt I ARSN IM:LUD!3 IN "THE USEAI] DESSTI CJOE PLSN .P$RPHERY.J$iJFiN$UN1]IiI{i AREA' This map shows the Vail Gateway Building outside of the area designated for CC1 zoning. I **_' ;rs!\dR!}ttvz *; 'l:.,,". LEGEND rttilllll T:f[il[n 3) Does the zoning provide for the growth of an orderly, viable community? Response: Ihe proposed CSC zone district will providefor orderly growth by allowingfor uses that are consistent with Town goals. This zone change will also allow the owner greater flexibilily in the range of land uses that will be permissible on the property. In doing so, this will providefor a more viable property and a more viable community. 4\ Is the change consistent with the Land Use Plan? Responsel Tlte proposal complies with the Land Use Plan and the Vail Village Master Plan and specifically the following po licies : Vail Land Use Plan: 1. 1 Vail should continue to $ow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1 .3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.2 The ski a.rea owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more effectively. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. Vail Village Master Plan: Goal #1 Encowage high quality redevelopment while preserving the unique architectural scale ofthe Village in order to sustain its sense of community and identitv. Vail Gateway Building, Vail, Colorado Braun Associates. Inc. Page 8 Goal #2 To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the communitv as a whole. 2,1 Obiective: 1.2 Objective: 1.2.1Policv: 2.4 Objective: 2.5 Obiective: 5.1 Obiective: 5.1.1 Policv: 5.1.5 Policv: Encourage the upgrading and redevelopment ofresidential and commercial facilities. Additional development may be allowed as identified by the action plan as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Recognize the variety of land uses found in the l0 sub- areas throughout the Village and allow for development that is compatible with these established land use pattems. Encourage the development of a variety of new commercial activities where compatible with existing land uses. Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our zuests. Meet parking demands with public and private parking facilities. For new development that is located outside of the Commercial Core I Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the Zoning Code. Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. Goal #5 Increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout the Village. Vail Gateway Building, Vail, Colorado Braun Associates- Inc. Page 9 ilI. Maior Amendment to Special Development District No. 2l The Vail Gateway Building was developed in accordance with the provisions of Special Development District No. 21. An amendment to SDD No. 21 is necessaryto acknowledge the change in underlying zoning and to allow for one change to the previously approved development plan. Physical changes to the building are limited to interior modifications only. No modifications are proposed to the exterior ofthe building. As such, there are no changes to building height, setbacks, site coverage, etc. Iaterior changes include the proposed change ofuses, the addition of two new dwelling units and the addition of 4,723 square feet of GRFA. Of these three changes, only the addition of GRFA requires an amendment to the existing SDD (the potential change ofuses is addressed by the proposed change in underlying zoning and the addition of two dwelling units does not require an amendment because the existing SDD allows for up to 12 dwelling units and there are only six units currently on the property). SDD No. 21 currently allows for 13,000 square feet of GRFA. Proposed modifications to the building would increase this number to 17,160, or an increase of 4,160 square feet. The vast majority of this new GRFA is a result of converting existing commercial square footage to GRFA. Of the new GRFA proposed, only 963 square feet of the 4,160 square feet is actually new floor area. This new floor area is created by infilling the mezzanine space on the third floor in the old Michael's Restaurant. The proposed amendments to the development plan are in conformance with the Special Development District review criteria, as applicable to this application, as described below: A. Design compatibility and sensitivity to the immediate environmen! neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Response: The bulk and scale ofthe project are already defined by the existing building and therefore the proposed amendments do not haye an impact on bulk and mass. B. Uses, activitv and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Response: This re-development plan provides for a mixture of ffice, retail, restaurant, service, and residential uses on the property. The building is located in a "mixed use" area idenffied by the Vail Village Master. The Vail Gateway Building, Vail, Colorado Braun Associates- lnc. Page l0 uses located on adjacent properties; residential, lodging, retail, and ffices, are compatible wirhlhe proposed development progranx. C. Compliance with parking and loading requirements as outlined in Chapter l2-10 of the Town of Vail Municipal Code. Response: All existing on-site parking and loadingfacilities will rentain unchanged. The proposed changes to uses within the building will, however, significantly reduce the needfor parking and loading and delivery facilities. Excess parking spaces are proposed to be utilized as a parking club. Refer to the attached CUP application for this club. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Response: There are no changes proposed to the exterior ofthe building and as such this criteria is not relevant. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Response: The proposed amendment has no impact on this criterion. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality ofthe commutrity. Response: There are no changes proposed to the exterior ofthe building or the site and as such this criteia is not relevant G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Response: There are no changes proposed to the exterior of the building or site and as such this criteria is not relevant. It is anticipated however, that the proposed changes to the building will result in significantly less vehicular trffic to andfrom the site. This is primarily due to the elimination of Vail Gateway Building, Vail, Colorado Braun Associates. Inc. Page I I 3,760 squarefeet of restaurant space that witl be replaced by fwo residential units. H. Fnnctional and aesthetic landscaping and open spaee in order to optimize and preserve natural feetures, recreation, vlews and functions. L Response: Ihere are no changes proposed to the exterior ofthe ktilding or the site ' and as such this criteria is not relqant. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Response: There is no phasing proposed with this amendment. Vail Gatewav Braun A8sociates, Inc, fV. Text Amendment to Commercial Service Center Allowins Private Clubs A text amendment to the Commercial Service Center zone district is proposed to allow for "private clubs" as a conditional use. Subject to approval of this text amendment, it is the intention of the applicant to gain approval of a conditional use permit for a private club at the Gateway Building. This club would be established to utilize the excess parking spaces within the Gateway Building. Refer to the attached CUP application for additional information on this club. "Private clubs" are currently listed as conditional uses in the following zone districts: Residential Cluster, Low Density Multiple-Family, Medium Density Multiple-Family, High Density Multiple-Family, Public Accommodatioq and Ski Base Recreation.. Examples of private clubs in Vail include the Vail Athletic Club, the Cascade Club, the Passport Club and the Vail Village Club (now closed). The Passport Club at Golden Peak is a recent example where the Town approyed a conditional use permit for a private parking club that was defined as a "private club". Allowing for "private clubs" as a conditional use provides the Town with the ability to review a specihc proposal to ensure it is compatible with other uses on the site in the area before permitting the use on the property. This allows the Town ample control over land uses while at the same time allowing the landowner flexibility in t}re management and uss of its property. The proposed text amendment is consistent with permitted and conditional uses in the CSC zone district and appropriate for those specific properties currently desigrrated as CSC. Vail Gateway Building, Vail, Colorado Braun Associates, Inc. Page i3 v.Conditional Use Permit - Private Parkins Club There are currently 89 parking spaces within the Gateway Building. This number of spaces was provided in response to the uses onginally proposed for the building. Original uses were dominated by restaurant and retail uses that happen to have relatively high parking ratios. With the changes proposed by these re-development applications, the amount of required on- site parking is significantly reduced. The following table summarizes uSes contemplated for the building and the resulting parking requirement: Sq. Ft.funits Ratio Parking Required 2.7 spaces/l,000 34 00 Z/wit (2) 16 50 (1) Itis assumed. that all 13,600 squarefeet of commercial space is utilized as ofice. The proposed CSC zoning will ako allow for retail a d restauro,nt uses within this space. If such uses occur, any increase in requit'ed parking will reduce the nwnber of spaces available.for the parking club. (2) Town code requires ) .4 spaces per dwelling unit, however existing decl.arations designate 2 spaces per untt. (j) The Parking Club sq. ft. could be increased without increasing the need for parking on the site. As proposed, 39 "excess" spaces will result on the property. The proposed parking club will make these spaces available for use, thereby relieving some pressure on the Town's parking structures. The parking club would have the following features: Utilization of up to 39 parking spaces, A small club facility that would provide a lounge area, restrooms, changing room, storage, etc. Valet service, which among other things will allow for very efficient use of previously approved "tandem spaces" Parking spaces may be sold, leased or made available on a daily fee basis. A parking club is a relatively new use to the Town of Vail. There is a demand for parking close to the Village Core and the ski portals that has adequate amenities for users (i.e., locker rooms, dressing areas, ski storage, etc.). On this property, the parking spaces already exist in an enclosed structure. Provisions existing within the Town's code could allow for these excess spaces to be leased. This conditional use permit will essential allow the applicant the right to provide guest services in conjunction with the parking. This is analogous to efforts the Town has taken to provide "guest service" facilities such as ski storage and rest rooms at the Village Structure. "Conditional" uses are uses that are generally deemed compatible with other permitted and conditional uses within a zone district, subj ect to compliance with specific review criteria. If Use Office (l) Parking Club Residential 12,573 240 (3) R I I Vail Gateway Building, Vail, Colorado Braun Associates, Inc. Page I 4 the review criteria are met by the PEC, the use is deemed compatible and approved. The following are the review criteria for a conditional use permit: A. Relationship and impact of the use on development objectives of the Town. Response: The proposed private parking club is consistent with Town objectives to provide a high level of service to guests and to maximize the use of private parking. This use is expected to lessen demands on the Town's existing parkingfacilities. B. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilitieso and other public facilities and public facilities needs. Response: The proposed parking club will have no adverse impacts on these factors. The parking club is expected to lessen demands on the Town's parking facilities. C. 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 area, Response: The parking club will generate trffic to the site, however it is anticipated that at full utilization, each parking space will generate only one in-bound and one out-bound trip each day. Even with parking club trffic, the overall mix of uses proposedfor the property will result in a reduction of vehicle trips to the property. This is primarily due to the reduction in the number of restaurants located in the building. D. Effect upon the character ofthe area in which the proposed use is to be located, including the scale and bulk ofthe proposed use in relation to surrounding uses. Response: The proposal does not change the bulk and mass ofthe existing building and ther{ore has no impact on this criterion. Vail Gateway Building, Vail, Colorado Braun Associates, Inc. Page 15 vL Conditional Use Permit - Residential Uses A conditional use permit is necessary to allow for the existing and proposed residential uses on the property. The residential uses have been in place on the property for the last 11 years. Two additional units are proposed for a total of eight dwelling unils. Issues of compatibility of residential uses with commercial activities have proven successful on this project and throughout the Town of Vail. Additionally, the Vail Village Master Plan recognizes this area as "mixed use", appropriate for a mixture ofretail, office and residential uses. The followine are the review criteria for a conditional use permit: Relationship and impact of the use on development objectives of the Town. Response: The proposed residential dwelling units are consistent with Town objectives and master plans. The Vail Village Master Plan designates this .gite as "mixed-use". The proposed density of dwelling uni.ts proposed is less than that originally approved for the site by SDD #2I (12 units were originally approved, eight are proposed). Effect ofthe use on light and air, distribution ofpopulation, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Response: The proposed residential dwelling units will have little, if any, impact on these issues. C. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and controlo access, maneuverability, and removal of snow from the streets and parking area. Response: Two proposed dwelling units will have little to no affect on thesefactors. The overall proposed mix of uses on the property will reduce the number of vehicle trips to the property. Ihis is primarily due to the reduction in the number of restaurants located in the building. D. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk ofthe proposed use in relation to surrounding uses. Response: The proposal does not change the bulk and mass ofthe existing building and therefore does not have an impact on this criterion. Vail Gateway Building, Vail, Colorado Braun Associates- Inc. A. B. Page 16 WI. ProlectDeveloprnentStatistics Lot size = 24,154sq. ft. or 0.5545 acres (veriff) P'cvelopment StatrdNrd CSC CCI SDD 21 Exlsdne Development Proposed PlanDensity 18 units/acre (9.98 units) 25 units/acre (ll units) 21.6 unitVacre (12 units) 10.9 units/acre (6 units) 14.4 units/acre (8 units) GRFA Setbacks Front Side I"* Sit€ Coverage (max.) Landscape Area (min.) Building Height Commercial Space Parking Club (included in commercial space) 40% (9,661 sq. ft.) 20' 20' 20' 75% 20% 35'flat/38'sloping no limitation 80% (19,323 sq. ft.) 0' 0' 0' 80% 0% (no reduction) 43' (40% ofroof), 33' no limitation 54% (13,000 sq. ft.) l8' 20'(s), 15'(N) I' 640/o per plans per plan no limitation s0% (t2,077 sq. ft.) t8' 20'(s), rs'(N) 64% as constructed as constructed 16,348 sq. ft. 7l% (17,160 sq. ft.) no change no change no change no change no change no change 12,813 sq. ft. 240 sq. ft. 'Vail Gateway Braun Associates, Inc. Vail. Colorado PaEe 17 l2-78-l: PURPOSE: The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. (Ord. 8(1973) $ 10.100) 12-78-2: REQUIREMENTS FOR ESTABLISHMENT; DEVELOPMENT PLAN: A. Review Required: Prior to the establishment of any Commercial Service Center District or enlargement of District boundaries, the Town Council shall by resolution adopt a general development plan for the proposed District. The development plan may be prepared by an applicant for th,e establishment of the District or may be prepared by the Town. The development plan shall be submitted to the Planning And Environmental Commission for review, and the Planning And Environmental Commission shall submit its findings and recommendations on the plan to the Town Council. B. Plan Content: The development plan shall show the following information: 1. Existing topography and tree cover. 2. Proposed division ofthe area into lots or building sites, and the proposed uses to be established on each site. 3. Proposed locations, dimensions, and heights ofbuildings on each site, and the locations of parking and loading areas, access drives, principal public and private open spaces, and other site plan features. 4. Relationship of proposed development on the site to development on adjoining sites. 5. Such additional information as the Planning and Environmental Commission and Town Council deem necessary to guide development within the proposed district. C. PIan To Be Guide: The development plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the District. All plans subsequently approved by the Design Review Board in accordance with Chaprcr .l 1 of this Title shall substantially conform with the development plan adopted by the Town Council. (Ord.8(1973) $ 10.200) 12-78-3 : PERMITTED USES : The following uses shall be permitted in the CSC District: Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges, tavems, and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, including the following; Barbershops. Beauty shops. Business and office services. Cleaning and laundry pickup agencies without bulk cleaning or dyeing. Coin-operated or self-service laundries. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation ofproducts for sale on the premises. Bookstores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additionat offtces, businesses, or services determined to be similar to permitted uses in accordance with the provisions of Section 12-78-2 of this Article. (Ord. 16(1996) g 3: Ord. 27(1990) $ 2; Ord.8(1973) g 10.300) 12-78-42 CONDITIONAL USES : The following conditional uses shall be permitted in the CSC District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter I 6 of this Title: Any use permitted by Section 12-78-3 of this Article, which is not conducted entirely within a building. Bed and breakfast as further regulated by Section t2-14-18 ofthis Tifle. Brew pubs. Commercial laundry and cleaning services. Dog kennel. Major arcade. Multiple-family dwellings and lodges. Outdoor operation of the accessory use$ as set forth in Section I2-7E-5 of this Article Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Type III employee housing units (EHI, as provided in C'hapter | 3 of this Title. (Ord. 6(2000) $ 2: Ord. 10(1998) $$ 2,5: Ord.22(1997) g 2: Ord. 16(1996) g 4: Ord. 14(1996) $ 2: Ord. 8(1992) $ 23: ord. 27(1990) g 4: Ord. 31(1989) g l1: Ord. 20(1982) g 5: Ord. 6(1982) $ 6(a): Ord. 10(1975) g 3: Ord.8(1973) $ 10.400) 12-78-5: ACCESSORY USES : The following accessory uses shall be permitted in the CSC Djstrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Minor arcade. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 6(1982) g 6(b): Ord. 8(1973) $ 10.500) 12-7E.62 LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be twenty thousand (20,000) square feet of buildable area, and each site shall have a minimum frontage of one hundred feet (100'). (Ord. 12(1978) g 3) 12-78-7 SETBACKS: In the CSC District, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). (Ord. 50(1e78) $ 2) "1,2-78-8: HEIGHT: For a flat or mansard roof, the height of buildings shall not exceed thirty five feet (35'). For a sloping roof, the height ofbuildings shall not exceed thirty eight feet (38'). (Ord. 37(1980) g 2) 12-7F.-9 : DENSITY CONTROL: Not more than forfy (40) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet ofbuildable site area, and gross residential floor area shall not exceed fifty percent (50%) oftotal building floor area on any site. Total density shall not exceed eighteen (18) dwelling units per acre ofbuildable site area. (Ord. 50(1978) g 19: Ord. 12(1e78) $ 2) l2-7 E-10: SITE COVERAGE: Site coverage shall not exceed seventy five percent (75%) of the total site area. (Ord. l7(1991) $ I l: Ord. 8 (1973) $ 10.607) r2-7B,-llz LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. (ord. t9(t9i6) g I lA: ord. 8(r973) g 10.609) l2-TE-12: PARKING AND LOADING: Off-street parking and loading shall be provided in accordance with Chapter l0 of this Title. At least one-half (t/2) of the required parking shall be located within the main building or buildings. No parking or loading area shall be located in any required front setback area. (Ord. 19(1976) $ I lA: Ord. S (1973) $ 10.610) l2-7fi-l3z LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All permitted and conditional uses by Sections 12-78-3 and l2-7E-4 of this Article, shall be operated and conducted entirely within a building except for permitted parking and loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. B. Outdoor Display: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 3a(1982) g a) @ D A)m mlAr A --Jl------11 /nl Fnr\/ ti: n)z@ rTnX @ 2 q.) (nfi \/ h A) EHfiEiz o-{ l- m 4 l\)@\@Or oiloobL L9&) b5\l .A lrnw \-, TN \Jatmrn V,'Tn O h a, GATEWAYPLAAA LOT N. BL@K 6D, VAIL VIAC€ IST SOI'IH FROMAEE ROAD AT VAIL ROAD VAIL. COLORADO 88frfi9ff?t?-bl=4r-lE>FHA}6B ="'E8F P 4 r.rod6ollb Ltr68 88 o-{ t-3 o!oU'mI N)ob\l(rt r0luNm Type of Appli€ataon and Fee: E Variancetr Sign Variance [L RezoningD Major Subdivisiontr Minor Subdivisiontr Special Development District { Major Amendment to an SDDE Minor Amendment to an SDD !. Zoning C,ode Amendment Application for Review by the Planninq and Environmental Commission Departrnent of Community Development 75 South Frontage Road, Vail, Colomdo 81657 tel: 974.479.2L39 fax: 97O.479.2452 web: www.ci.vail.co.us General Information: This application is for any project requiring approval from the Planning and Environmental Commission. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commisslon Review cannot be accepted until all required information is received by the Community Development Depaftment. The project may also need to be reviewed by the Town Council and/or the Design Review Board. u\ $250 "( Conditional use Rermitf L g2oo $200 n Employee Housing UniWype:_ No Fee $200 tr Bed and Breakfast $200 $1000 + $20ilot tr Major Exterior Alteration in Vail Village $500$250 tr Minor Exterior Alteration in Vail Village $200$1500 tr Major ExteriorAlteration in Lionshead $500$1000 n Minor Exterior Alteration in Lionshead $200 $200 tr Floodplain modification $200$250 E Amendment to a Development Plan $250 Description of the Requestr Major amendment to SDD #21 to modifv underlvinq zonino, uses and sq. ft.; rezonino request to change the underlving zonino from Commercial Core 1 to Commercial Seruice Center; Zoning Regulations text amendment to add "orivate clubs" as a conditional use in the CSC Zone; conditional use permit to allow a orivate oarking club; and a conditional use permit to allow residential uses, LocaUon ofthe Proposal: Lot: oortions ofO & N Block 5D Subdivision: Vail Villaqe 1* Physical Address:12 Vail Road Parcel No.: 210108264015 (Contact Eagle Co. Assessor at 970-328-8540 for parcel no.) Zoning: SDD # 21 / Commercial Core 1 Name(s) of Owner(s): Mailing Addrcssr Phoner Owner(s) Signature(s): Name of Applicant: Kevin Deiqhan. Timberline Commercial Real Estate Mailing Address: 1000 South Frontaqe Road West. Suite 203, Vail, CO 81657 Phone: 476-3436lfax 476-1986 PLEASE SUBMIT THIS APPLICANON, ALL SUBMTTTAL REQUIREMENTS AND THE FEE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLOMDO 81657. Check No.:_ By: PEC No.: """-JU|\|, g, 20C 1o,4: 12p[pRn'rFt ST0_TZ MAl,{A0El',|tNraFe6?rr6 lo, tgruqrs+!0,,rn n -r-1 /\ /l1-3921 ', 2/2E w- s2o0 1'lo fte S2m t500 til00 f500 f200 $200 sz50 flpe otAeplcetlon and Fee:O VadancBtr $gnVaneneB nezonrgtr llqlfr$fidtvistsltr l{norsubdrubntr SpcchlDorclognreitDNs0lctE llaj*tmcnAnci(bEn SDDO MhorAlncnftr.ntbaftSDO I ZonlngCooeAneilmc|lt De*triptlon ef tfic R.rquest: ApplicaHon for Review by the Planninq and Envinonlnental Commission lhparoilert of Conmuniv Dc\rtlopment 75 Sotrh Fron@ Roa4 Vail, Cdondo 8169 telr 97ot79.1139 &x 970,{79.U52 weh !,wlry.cl,ya[. Go.us Effterrl In|lnnattoru Thlt-apllcathn l5 lbr any poJect rcqulrlng appronl frorn tlc Phnning arrd Envlrcnmenbl Cofiryll5lo[ Phas rtferE ns s|Dmlid r€qulremenb fur rne partlrdar Tproval hat ir rtqresbd. ln appErdon fa Plrnnlry andElttrflnlcnbf corunhdon Rer;a'{ €nndt bt acc#i unU cl nqutrd htbmaton E'fuvad try rre comrinrnnyolrctrytett 0eertnent .Th€ pwJott may rbo'need u lc revtewd oy $Jio.r'n ciu"n and/o, h o.*gn R€rrlew Soad. 5250 E Aonduooal ll*FrnrrltSl00 tr EmDbrEe Ho$ry Unft/r}le_$?W tr 6cd ard BmaltraEt 11000+Sz0llor tr lrl4r&MorAhrrthnhvaflVUhSc FS tr MlnorErMofArer|tbnh\tall Vlbge$1500 tr i$jor6{erhrAb?UonhLbrdread$1000 O t'ffs EdeilorAlrntbn h ttor6hcadS?00 tr Hooddah modtfcaionf250 O ArEndmmttoaDarchpmentPbn Malarsnerdment b SDO g?1 F modlry utdedvfJq ruhg,_uses end LorationofurePrupocal: totlpoiti,rnsofo&N Blodcgp Sub<livtsionl valullaqel,I- ... Dc, agent Plrydcal Addlrss: 12 vril Road __ PilwlNo.:-21010F254o15 . . (ContactEagleco,Assels0ratgT0-32e864{tforparcel no.; Zq|llg! t{emc(s) of owher(r): hlittSAddrEE:e Bala GYnwYal , PA 19004 Phorc: Oune{$ Sgrature(i)! llamcolApfllcants Hrling Addrcs* _ lg00 Sorr0r Fronke Road Werr Suite 203. V.a[. @ g16t", Fhau. - 476a3436f6x 47&1986 PIEASE slJrMIT IHIS APPLICATIOX, A[ S{.El,|rrIAL RGqUrRS.lAfISAt{DT}IEFffT0fiEDEPARI}tENTtrOO,t4r.tuNITyDevApmAf,, .t( 04< 75 sot IH FR0NTAGE RqAD, VNl" CoLof,aoO greSz. rfr - '6 j, , 1 o , *F1a eec tlt/or Fsr Qftre Use O,rty:trIs$--__ che*ilo.r_By:--_ APN@ton Dctc! . p'Et'-N; pr{#rtNo.: RECEIllED TI||{E JUtl, 0. 3:06plr{ 4 u( ft7rr t- ,r;ffi P," n n fl?P:';;ilJ::fr*:*fl,lH,,sion 75 South Frontage Road, Vail, Colorado 81657 ter : e7o' 47e' 2 13e . Jlr,,ll"1,oJ'''ot' General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please reFer to the submittal requirements for the paticular approval that is requestld. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: tr Rezoningtr Major SubdivisionE Minor Subdivisiontr Exemption Plat E) Minor Amendment to an SDDfl New Special Development Districttr Major Amendment to an SDDtr Major Amendment to an SDD (no exterior modifications) $1300 V$1500 /R $6so tr$6s0 tr$1000 tr$6000 tr$6000 tr$12s0 tr tr Conditional Use Permit Floodolain Modification Minor Exterior Aheration Major Exterior Alteration Development Plan Amendment to a Development Plan Zoning Code Amendment Variance Sign Variance $6s0 $400 $6s0 $800 $1500 $2s0 $1300 $s00 $200 Description of the Requestr :ugot\,Et!-il 0F 9rr{.tpt\tb S{AC,Q,S Pa+. lNptf\A^rrrL SA ,6 Location ofthe Proposal: Lot:O Block:E-D Subdivisiont \fA{L VtUr,C€ F1{-gT l1u^fb Physical Address: t? rraru PgaO , (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zonins: tl1,ffrrsBr^o(\,. (SUo) €6p,4e..l' Crarfsg- Name(s) of Owner(s): Name of Applicant:eAfi" oAfiNeftJ 'Llol0bLto;&'l) Mailing Address: Owner(s) Signature(s mail Address: rft 0,{ rax ( I'lo) #rt . [qbb sro.*IS For Office Use Only: Fee Paid: Pase I of5-0lil8/02 Bry fnuhng /