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HomeMy WebLinkAboutPEC090032 PEC090033Planning and Environmental Commisson ACTION FORM TOWN Orl YAIL CONDITIONAL USE PERMIT FOR A PRIVATE PARKING LOT AT THE FORMER GAS STATION SITE IN WEST LIONSHEAD Project Name: CUP for VR Private Parking PEC Number: PEC090032 Project Description: Participants: OWNER VAIL CORPORATION 10/19/2009 PO BOX 959 AVON CO 81620-0959 APPLICANT MAURIELLO PLANNING GROUP, LL 10/19/2009 Phone: 970-748-0920 PO BOX 1127 AVON CO 81620 License: 0000001697 Project Address: 934 S FRONTAGE RD VAIL Location: 934 S. FRONTAGE ROAD Legal Description: Lot: Block: Subdivision: Unplatted Parcel Number: 2103-121-0000-5 Comments: See conditions Motion By: Kjesbo Second By: Lindall Vote: 4-0-0 Conditions: Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com BOARD/STAFF ACTION Action: APPROVED Date of Approval: 11/23/2009 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond:300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0011200 The conditional use permit shall expire on November 23, 2012, unless the proposed Ever Vail project has submitted for Building Permits and is moving forward diligently towards a start of redevelopment. Cond: CON0011201 The applicant shall maintain and operate the proposed parking lot at an appropriate level of cleanliness by providing a minimum of two trash receptacles on the site for use by users of the parking lot. Cond: CON0011202 The applicant shall provide a plan for ensuring that materials removed during the performance of snow removal operations are prevented from reaching the water courses to the south and west of the site prior to being scheduled for a Design Review hearing. The plan shall be review and approved by the Design Review Board. Planner: Warren Campbell PEC Fee Paid: $650.00 Planning and Environmental Commisson ACTION FORM Department of Community Development M tv 1 ' 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: Parking Landscaping Variance PEC Number: PEC090033 Project Description: Participants: Variance requested in conjunction with the CUP to locate a private parking lot on the former gas station site in West Lionshead. The variance was to allow for reduced interior landscape area within the parking lot. OWNER VAIL CORPORATION 10/19/2009 PO BOX 959 AVON CO 81620-0959 APPLICANT MAURIELLO PLANNING GROUP, LL 10/19/2009 Phone: 970-748-0920 PO BOX 1127 AVON CO 81620 License: 0000001697 Project Address: 934 S FRONTAGE RD VAIL Location: 934 S. FRONTAGE ROAD Legal Description: Lot: Block: Subdivision: Unplatted Parcel Number: 2103-121-0000-5 Comments: See conditions BOARD/STAFF ACTION Motion By: Kjesbo Second By: Lindall Vote: 4-0-0 Conditions: Action: APPROVED Date of Approval: 11/23/2009 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Planner: Warren Campbell PEC Fee Paid: $500.00 1q0-+i011( K~e><Lv t tel. MEMORANDUM 9 L l,J,~ L I TO: Planning and Environmental Commission FROM: Community Development Department U,4-u ~_o r DATE: November 23, 2009 SUBJECT: A request for final review of a conditional use permit, pursuant to Section 12- 71-5, Conditional Uses; Generally (On All Levels Of A Building), Vail Town Code, and a variance from Section 14-5-2, Other Requirements; Parking Lot and Parking Structure Design Standards For all Uses, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the development of a private parking lot with less than the required interior surface area landscaping, located at 934 South Frontage Road/unplatted, and setting forth details in regard thereto. (PEC090032, PEC090033) Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group Planner: Warren Campbell 1. SUMMARY The applicant, Vail Resorts Development Company, represented by the Mauriello Planning Group, is requesting a conditional use permit to allow for a surface parking lot for employees at the former BP/Amoco gas station site and is requesting a variance to allow for a deviation from the minimum interior surface area landscaping requirement associated with Off-Street Parking and Loading facilities. The proposed parking lot is intended to address the "no net loss" of parking as required within the Lionshead Redevelopment Master Plan. The 59 parking spaces contained within the proposal will be permanently located within the proposed Ever Vail project. Staff is recommending approval with conditions of these requests subject to the findings and conditions outlined in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Vail Resorts Development Company, represented by the Mauriello Planning Group, is requesting a conditional use permit in accordance with Section 12-71-5, Conditional Uses; Generally (On All Levels Of A Building), Vail Town Code, to allow for a private parking lot on the former gas station site. Additionally, the appUccant is requesting a variance from Section 14-5-2, Other Requirements; Parking Lot and Parking Structure Design Standards For all Uses, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deviation from the minimum interior landscaped area of 10% that is required for an unenclosed off- street parking area containing 45 or more spaces. Currently, the construction offices and material lay down for the Ritz-Carlton Project are located on the site proposed to become a surface parking lot for employees. It is anticipated that these office trailers and the materials will be removed from the site during the summer of 2010. The applicant has identified that if approved the surface parking lot will be operational by December 1, 2010. The redevelopment of the North Day Lot with an employee housing project will displace the 105 parking spaces located there today which serve the needs of Vail Resorts employees. The 105 parking spaces to be displaced will be addressed in the following manner to ensure that the "no net loss" of parking is achieved. The 40 parking spaces to be constructed in conjunction with the North Day Lot employee housing project received a credit of 32 parking spaces in offsetting the 100 employee beds previously located in the Sunbird Lodge. As the North Day Lot employee housing project will house 124 employee beds the net new number of beds (24) was assessed a parking requirement of 8 parking spaces per the North Day Lot employee housing approvals. As a part of the conversion of the Holy Cross lot to parking in 2003 an additional 6 parking spaces were constructed in anticipation of the redevelopment of the North Day Lot. A total of 59 parking spaces are proposed on the former gas station site. This results in a total of 97 parking spaces (32+6+59) of the 105 be replaced in the manner described above. This leaves a remainder of 8 parking spaces which Vail Resorts will have to locate and identify prior to release of the North Day Lot employee housing project building permit as required in the development agreements for that project. The employees to be parking in this lot will tend to be those working on the mountain and therefore will be making there way to the east from this location. There is an existing sidewalk which runs along the water district frontage and the both the Ritz- Carlton and Gore Creek Residences properties. It is anticipated the majority of the users of this parking lot will be heading east on the described routes and not crossing the Frontage Road. There is no proposed site lighting for this parking lot. The applicant has provided a written document entitled North Day Lot Replacement Parkin dated revised November 19, 2009 (Attachment A). A set of reduced plans depicting the proposal are attached (Attachment B) III. BACKGROUND The site was annexed in to the Town of Vail through Ordinance No. 26, Series of 2009, which became effective on December 16, 1975. On July 12, 2004, the Planning and Environmental Commission unanimously approved a conditional use permit and variances on the "Holy Cross" lot to allow for a private surface parking lot with reduced interior landscape area and an unimproved surface for a period of a year. The CUP was not restricted with regard to time frame so long as the gravel parking surface was improved with asphalt. This approval included no internal landscaping. 2 IV. ROLES OF THE REVIEWING BOARDS Conditional Use Planning and Environmental Commission: Action: The PEC is responsible for final approval/denial of Conditional Use Permits The PEC 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. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. 7. Conformance with development standards of the applicable zone district and proposed use include: - Lot area - Site Dimensions - Site coverage - Landscape area - Parking and loading - Mitigation of development impacts Variance Planning and Environmental Commission: Action: The PEC is responsible for final approval/denial of a variance. The PEC is responsible for evaluating a proposal for: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 3 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Regulations 12-7 Lionshead Mixed Use 2 (LMU-2) District: 12-71-1: PURPOSE: The Lionshead Mixed Use 2 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 2 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public, off-site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. (Ord. 3(1999) § 2) 12-71-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: 4 Bed and breakfast as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. Coin operated laundries. Commercial storage. Gasoline and service stations. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehousing. 12-16 Conditional Use Permit (in part) 12-16-1: PURPOSE; LIMITATIONS: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance *ifh development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. (Ord. 8(1973) § 18.100) 12-17 Variances (in part) 12-17-1. PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. 12-17-7: PERMIT APPROVAL AND EFFECT. Approval of the variance shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion within two (2) years from when the approval becomes final. (Ord. 48 (1991) § 2: Ord. 16(1978) § 5(c)) 12-17-8: RELATED PERMITS AND REQUIREMENTS: In addition to the conditions which may be prescribed pursuant to this chapter, any site or use subject to a variance permit shall also be subject to all other procedures, permits, and requirements of this and other applicable chapters and regulations of the town. In event of any conflict between the provisions of a variance permit and other permit or requirement, the more restrictive provision shall prevail. (Ord. 8(1973) § 19.900) Title 14 Development Standards Parking Lot and Parking Structure Design Standards For All Uses (in part) Surfacing: All parking areas shall be an improved paved surface Landscaping: Not less than 10% of the interior surface area of unenclosed off-street parking areas containing 15 or more parking spaces shall be devoted to landscaping. In addition, landscape borders not less than 10 feet in depth shall be provided at all edges of parking lots containing 30 or more parking spaces. A landscape berm, wall, or fence of not less than 4 feet in height, of the same architectural style as the building, in combination with landscaping may be substituted for the landscape border. In developments with cross-access or shared parking facilities, the landscape border between the development shall not be required. Lionshead Master Plan The Lionshead Master Plan, adopted December 15, 1998, references the proposed use and specifically the former gas station site in the following sections: Section 3.2.5.2 Amoco Service Station This existing service station (see figure 3-1) is located on the western perimeter of the Lionshead study area east of Red Sandstone Creek. While there are no serious functional issues with the service station today, visual and access issues may become important as the western end of Lionshead develops. Section 3.9: "The ground rules of the Lionshead master plan state that future redevelopment will not cause a net loss of parking. Section 3.9.4 Vail Associates Employee Parking Vail Associates currently utilizes two large surface parking lots within the study area for its employee parking needs. The north day lot (see figure 3- 15), with a capacity of approximately 105 cars, is located behind the Landmark tower and is the site proposed for a transportation center. The west day lot, located just west of the Marriott parking structure, has an approximate capacity of 160 cars and represents a significant development opportunity. Parking displaced by redevelopment of these sites must be replaced within the Lionshead study area to satisfy the ground rule requiring no net loss of parking. Section 4.1.5 West Lionshead - Residential/ Mixed-Use Hub West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas station site and the Eagle River Water and Sanitation site. This area of Lionshead is generally under utilized and from an aesthetic standpoint is not in keeping with what the Town would like to see Lionshead become as it redevelops in the coming years. The Town of Vail does place a high value on maintaining the office and retail areas in West Lionshead and any redevelopment should reasonably increase the square footage of existing office and have "no net loss" of retail square footage in West Lionshead. With their recent acquisition of additional properties in this area, Vail Resorts has the opportunity to bring lift service to this part of Lionshead. Lift service brings with it great potential for the re-development of this area and in doing so expand all of Lionshead to the west with improved pedestrian connections, new retail and office activity and other improvements. While lift access will certainly energize this area during the winter months, attention should be given to creating a year-round attraction within this area of Lionshead (see detailed plan recommendations in Chapter 5) The master plan recommends that this hub become a residential/ mixed use area with an emphasis on meeting the needs of both the local community and our guests. Appropriate uses could include high density residential development, lodging, community and visitor based office and retail space, employee housing and parking, bus or transit functions and a ski lift connection to Vail Mountain. The catalyst for this mixed use hub is ski lift access to Vail Mountain. Consideration should be given to integrating employee housing into the redevelopment of West Lionshead in accordance with the Town's employee housing policies and regulations. To the extent possible development patterns in this area should reflect north-south orientation of buildings, visual penetrations to the mountain, and a pedestrian oriented environment. The degree of north-south building orientation may be difficult given the relatively narrow east-west orientation of this area. In addition, the introduction of ski lift access in this location creates a catalyst for an structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on-site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard could be reduced in size, as some functions can be moved to less central locations. It may also be possible to relocate the entire mountain service yard to a new location in the West Lionshead area which would allow for greater flexibility in the redevelopment of this site. However as the area develops it is critical that new uses be connected to the primary pedestrian corridors and that they be served by the Town of Vail in-town transit system. Section 4.8.1 Potential Displacement of Existing Parking The ground rules for the Lionshead master plan mandate no net loss of parking as a result of redevelopment. Properties potentially affected by this policy include: Section 4.8.1.1 North Day Lot The north day lot (owned by Vail Associates) has approximately 105 parking spaces, all utilized by Vail Associates employees. Parking on this site serves mountain workers, Vail Associates office personnel, and employees visiting from the company headquarters in Avon. Because much of the current Vail Associates office space in Lionshead will be relocated when the site is redeveloped, parking demand on the north day lot may also decrease. To facilitate development of the site as a public transit center, it may be desirable to relax the parking requirement if it can be demonstrated that future demand will decrease. Section 4.8.3.3 Potential New Parking Sites a. West Lionshead/Vail Resorts Maintenance Site The construction a second public parking structure at the west end of Lionshead has been a planning consideration since the completion of the Vail Transportation Master plan in 1991. This site is currently undeveloped (except for the Vail Associates maintenance yard) and is large enough to meet projected parking demand. It is well located in relation to the potential new eastbound 1-70 access ramps. Potential logistical hurdles to the use of this site are as follows: 8 VI. VII VIII SURROUNDING LAND USES AND ZONING Land Use Zoning North: parking/maintenance Lionshead Mixed Use-2 South: stream tract Natural Area Preservation District East: public utility General Use District West: office Special Development District No. 4 ZONING ANALYSIS Legal Description: unplatted, 934 South Frontage Road West Zoning: Lionshead Mixes Use 2 (LMU-2) Land Use Plan Designation: Lionshead Master Plan Current Land Use: construction staging and office Lot Size: Proposed Parking Area 40,699 s.f. or 0.94 acres 19,393 s.f. Landscape Area Site: 23,312 s.f. (57.3%) Interior Lot Landscape Area: 1,939 s.f. (10%) required - 1,290 s.f. (6.6%) is proposed CRITERIA AND FINDINGS FOR REVIEW Conditional Use Permit In order to provide the flexibility necessary to achieve the objectives of the Zoning Regulations, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: Relationship and impact of the use on development objectives of the town. Staff believes that the proposed parking area will still have a positive impact on the development objectives of the Town. The previous three conditional use permit approvals by the PEC (1990, 2001 and 2003) to allow conditional use permits for surface parking on the Holy Cross site demonstrate the need 9 for parking to be located in appropriate areas to address the parking need for employees. As the former gas station site is located across from the Holy Cross site Staff believes the use of this area of West Lionshead is appropriate for use as a parking facility. The 59 parking spaces on the site will go towards addressing the parking to be displaced by the redevelopment of the North Day Lot. The Lionshead Master Plan states in Section 3.9.4 that Parking displaced by redevelopment on the West Day Lot and North Day lot "must be replaced within the Lionshead study area to satisfy the ground rule requiring no net loss of parking. " 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Staff believes the proposed parking area meets the purpose and intent of the above criteria. The proposed parking area will provide an improved parking situation for Vail Resorts employees. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. Staff believes that the proposed parking area is a positive improvement in terms of the above criteria. The anticipated reduction of parking on the South Frontage Road, due to increased parking availability for Vail Resorts employees, will result in reduced congestion, increased safety for employees and skiers, and improved traffic flow. As stated previously it is anticipated that the employees utilizing this proposed parking will be heading east into Lionshead through the utilization of the existing pedestrian network. 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 above criterion is not relevant to the proposed parking area as there are no buildings associated with this proposal. Variance In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. 10 The applicant has requested a variance from Title 14 Chapter 5 of the Development Standards Handbook, Parking Lot and Parking Structure Design Standards For All Uses. According to Section 14-5-2, Other Requirements; Parking Lot and Parking Structure Design Standards For all Uses, Vail Town Code, "Not less than 10% of the interior surface area of unenclosed off-street parking areas containing 15 or more parking spaces shall be devoted to landscaping. In addition, landscape borders not less than 10 feet in depth shall be provided at all edges of parking lots containing 30 or more parking spaces. A landscape berm, wall, or fence of not less than 4 feet in height, of the same architectural style as the building, in combination with landscaping may be substituted for the landscape border. In developments with cross- access or shared parking facilities, the landscape border between the development shall not be required." Before acting on a variance application, the Planning and Environmental Commission shall consider the following criteria with respect to the requested variance: The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The proposed parking area will have little to no negative affect on uses and structures in the vicinity. The proposal will allow the Town of Vail and Vail Resorts more time to develop additional parking for the public. Allowing for a reduction in the required interior landscaping by 659 square feet allows for a parking solution which meets all other Code requirements and fits the greatest number of parking spaces on the site. Additionally, the use of this property, "in this quasi-industrial area of Vail," has historically been for vehicle and equipment storage. Therefore, the continuance of this site as a parking area should not have a negative effect. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Staff believes that the proposed parking area will be a major benefit to the community in providing a parking area for the employees of Vail Resorts displaced by the redevelopment of the North Day Lot. Because this variance is sought to help provide a solution to the public parking condition throughout the Town, their approval should not be seen as granting a special privilege. The circumstances of the proposed use and the variance required to make them happen are very unique and common only to very few sites within the Town of Vail. Staff believes that the request to reduce the required interior landscaping by 2.4% is not a grant of special privilege as the site includes a large portion of steep slopes which can not be improved and will remain landscaped area, 57.3% of the site. 11 3. The effect of the requested population, transportation utilities, and public safety. variance on light and air, distribution of and traffic facilities, public facilities and The proposed variance includes the improvement of a site that was a semi- industrial gas station and vehicle service center and more recently a construction office and materials staging site. The proposed parking area will greatly improve transportation, traffic, and public safety. Staff does suggest that appropriate measures be taken to ensure that suspended materials in snow plowing of the parking lot do not reach the creek. Staff suggests that a combination of straw bales and sediment fencing be installed around the south and west property lins to catch materials and trash that may be plowed from the parking lot during regular maintenance. IX 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves with conditions the request for final review of a conditional use permit, pursuant to Section 12-71-5, Conditional Uses; Generally (On All Levels Of A Building), Vail Town Code, and a variance from Section 14-5-2, Other Requirements; Parking Lot and Parking Structure Design Standards For all Uses, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the development of a private parking lot with less than the required interior surface area landscaping, located at 934 South Frontage Road/unplatted, and setting forth details in regard thereto. 1. The conditional use permit shall expire on November 23, 2012, unless the proposed Ever Vail project has submitted for Building Permits and is moving forward diligently towards a start of redevelopment. 2. The applicant shall maintain and operate the proposed parking lot at an appropriate level of cleanliness by providing a minimum of two trash receptacles on the site for use by users of the parking lot. 3. The applicant shall provide a plan for ensuring that materials removed during the performance of snow removal operations are prevented from reaching the water courses to the south and west of the site prior to being scheduled for a Design Review hearing. The plan shall be review and approved by the Design Review Board. Should the Planning and Environmental Commission choose to approve with conditions the applicant's requests, staff recommends that the following findings be made as part of the motion: Conditional Use Permit The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 12 That the proposed location of the parking lot is in accordance with the purposes of the Town of Vail Zoning Regulations and the purposes of the Lionshead Mixed Use 2 zone district. 2. That the proposed location of the parking lot and the conditions under which it will be operated and 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 parking lot will comply with each of the applicable provisions of the Town of Vail Zoning Regulations Variance The planning and environmental commission shall make the following findings before granting a variance: That the granting of the parking lot interior landscape variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the Lionshead Mixed Use-2 zone district as the applicant is proposing compliance with the applicable elements of the Town's planning documents. 2. That the granting of the parking lot interior landscape variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for the following reason: The strict or literal interpretation and enforcement of the parking lot interior landscape area regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the Lionshead Mixed Use-2 zone district given the amount of the site that is located on steep slopes. X. ATTACHMENTS A. Applicant's document entitled North Day Lot Replacement Parking dated November 19, 2009 B. Proposed site plan for the parking lot. 13 N O R T H D A Y L O T R E P L A C EM E N T P A R K I N G Private Parking Lot to be located at 934 S, Frontage Rd tr'nplatted Parcel Number: 2103-121-00-005 CONDITIONAL USE PERMIT AND VARIANCE APPLICATION VAIL RESORTS DEVELOPMENT COMPANY MAURIELLO PLANNING GROUP ALPINE ENGINEERING October 19, 2009 (Revised 11/19/09) PO Box 1;27. Avon. CO 81620 . teiephor:e: 970.748.0920 ilon inic rcp~tiail.eoe,r w,ww.mpg"aj1.con) Attachment A Introduction North Day Lot Employee Housing In February of 2009, the Town of Vail approved the construction of 32 employee housing units along with 9 skier drop-off spaces to be located at the site commonly referred to as the North Day Lot, located at 600 W. Lionshead Circle. This approval, a condition of the Arrabelle project, has the impact of displacing the 105 parking spaces that currently exists on the site today. This parking is currently used for Vail Resorts employees. Due to the Lionshead Redevelopment Master Plan policy stating that there shall be "no net loss" of parking, Vail Resorts Development Company is obligated to replace a portion of this parking. Parking Replacement Vail Resorts is proposing that 59 spaces will be located on the site of the former BP gas station, located at 934 S. Frontage Rd / Unplatted, in a temporary parking lot until such date as they are formally replaced by the proposed Evervail project. At the completion of Evervail, all of the parking from the North Day Lot, West Day Lot, and Holy Cross Lot will be located within the parking structure. Vail Resorts is submitting a building permit this fall and will begin construc- tion on the North Day Lot employee housing project in April of 2010, and the parking lot will be in place by December 1, 2010, available for the 2010 ski season. Approval Process (winter 2008) The BP site is zoned Lionshead Mixed Use 2. In this zone district, "Public or Private Parking Lots" are listed as a conditional use in Section 12-7I-5, Conditional Uses; Generally. In addition to a conditional use permit, the applicant is requesting a variance from Section 14-5-2, Other Re- quirements; Parking Lot and Parking Structure Design Standards For All Uses, because the parking lot will not meet minimum internal landscape requirements in order to maximize the number of NDL Rep€t~cenueni Parkins; Maorieito Planning C6ro.ip View from the pedestrian overpass of the NDL Entry gate for the NDL (winter 2008) Cars parked at the NDL (winter 2008) parking spaces. The requirement for internal landscape is 10% of the surface area or 1,939 sq. ft. As proposed, the BP lot has at 6.5% internal landscape, or 1,290 sq. ft. It complies with all other requirements, including snow storage. NDL Pepiticemc-,n± Parkin;; Maurie::o Planning Glou13 Conditional Use Criteria Before acting on a conditional use permit application, the Planning and Environmental Com- mission (PEC) shall consider the factors with respect to the proposed use: a. Relationship and impact of the use on development objectives of the Town. Our Analysis: One of the ground rules of the Lionshead Redevelopment Master Plan Process was "There will be no net loss to the Vail Community of either locals' housing or parking spaces (both public and private) now existing in Lionshead." (Chapter 2.4, LHRMP) The North Day Lot was particularly noted as a property impacted by this pol- icy, because it serves as parking for mountain workers, Vail Resorts office personnel, employees visiting from the company headquarters, along with previously serving the employees residing at the Sunbird Lodge. The Master Plan notes that VR office space will be relocated and therefore parking demand on the North Day Lot may also de- crease. Ultimately, the parking displaced from the North Day Lot will be relocated to Evervail, as will VR offices currently located at Treetops. (Phasing of Evervail may re- quire relocation in a temporary lot during construction.) The solution in the interim is to locate the parking on the Old BP Site, until it is again relocated into the underground Evervail parking structure. This temporary solution ensures that there is no net loss of parking. The applicant is also requesting a variance from the minimum internal land- scaping requirements. This allows the site to be maximized for parking, and due to its temporary nature, will have no impact on the development objectives of the Town. NDL P.eplacenu-nt Parking Mauriello P1.i1ning Group Sidewalk into Lionshead (fall 2009) Existing mature landscaping (fall 2009) Construction parking and PCL Office (fall 2009) b. 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. Our Analysis: The proposed conditional use permit will allow for temporary parking facilities for the displaced parking at the North Day Lot. The proposed parking area will have little, if any, on the remainder of the above criteria. 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 street and parking areas. Our Analysis: The site is currently used for construction-worker parking and offices for PCL during the construction of the Ritz. When no longer needed next fall, the site will be freed up for VR employee parking. The majority of the site is already paved, due to the previous automotive repair shop and gas station that occupied the site. When the gas station was demolished, the pavement for the associated parking remained. The at- tached plans indicate that there is more than adequate snow storage for the site. In addi- tion, there is a wide sidewalk along the Frontage Rd., allowing pedestrians to easily ac- cess Lionshead. The existing landscaping along the South Frontage Rd. will remain and is sufficient to screen the parking from view. d. 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. Our Analysis: The proposed parking lot will have no impact on the above criteria, as there are no buildings associated with this proposal. N1)L Hep t;cein cn1 Parkin::, Mauri,-o Planning group Variance Criteria In addition to the conditional use permit, Vail Resorts is requesting a variance from Section 14- 5-2, Other Requirements; Parking Lot and Parking Structure Design Standards For All Uses, to allow for a variance from the requirements for internal landscaping. Specifically, a variance is requested from the following: H. Landscaping. Not less than ten percent (10916) of the interior surface area of unenclosed off street parking areas containing fifteen (15) or more parking spaces shall be devoted to landscaping. In addition, landscape borders not less than ten feet (10 ) in depth shall be pro- vided at all edges of parking lots containing thirty (30) or more parking spaces. A landscape berm, wall, or fence of not less than four feet (4 ) in height, of the same architectural style as the building, in combination with landscaping may be substituted for the landscape border. In devel- opments with cross access or shared parking facilities, the landscape border between the develop- ments shall not be required. Before acting on a variance application, the Planning and Environmental Commission shall con- sider the following factors with respect to the requested variance: a. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Our Analysis: The proposed variances will allow the Vail Resorts to provide as many parking spaces as are reasonably possible on this site with little visual impacts to the NDL. Re°l Planuinl; Group general public. The adjacent properties include the following: Most of the existing uses in the general vicinity are industrial or commercial uses. The site is actually surrounded by parking lots, all of which have either also received a vari- ance from the requirements for internal landscaping or were constructed prior to this regulation. In 2003, the Holy Cross Lot received multiple variances, including a variance from the requirements for internal landscaping and snow storage. This was granted to maximize the parking for this site. In addition, the parking lot that was constructed at ERWSD when the Old Town Shops were demolished does not have internal landscaping (this was done prior to the requirement). The Glen Lyon Office Building is significantly separated from the site, by its own parking lot (no internal landscaping) and then by Red Sandstone Creek. The proposed parking lot will be adequately screened from public rights-of-way and adequate snow storage has been provided. The mature landscaping that exists on the site will remain. The proposed variances will have little impact to ex- isting and potential uses in the area. b. The degree to which relief from the strict or literal interpretation and enforcement ofa specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Our Analysis: Relief from the strict and literal interpretation of the regulation requiring parking areas to contain internal landscaping is being requested as part of this plan. The granting of this variance will not grant a special privilege as the use as employee parking is unique in the Town of Vail and maximizing that parking is a goal not only for the owner but also for the Town. There is significant mature landscaping surrounding the property, screening it from view. The circumstances of the proposed employee park- ing area and the variance required to develop these improvements are unique and com- mon only to very few sites within the Town of Vail. In addition, the parking lot is a temporary condition, until its permanent relocation in the Evervail parking structure. The proposed variances will allow the applicant and the Town to attain the objectives of the Town's development standards without a grant of special privilege. C. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Our Analysis: The proposed variance will allow this parking facility to operate in an efficient manner, by maximizing the number of parking spaces that can be accommo- dated on the site. The recently completed sidewalk along the Frontage Rd. connects this NDL RepLicen:ent Parking Maurieaao Ylanninp Croup parking lot into Lionshead, allowing for safe pedestrian circulation. The proposed vari- ance will have little, if any, impact on the remainder of the above criteria. NDL Repiacen:ent Parkini; Ma it rieiic3 Planning ( o up Adjacent Owners VAIL CORP THE FIXED ASSETS DEPARTMENT 390 INTERLOCKEN CRESCENT STE 1000 BROOMFIELD, CO 80021 EAGLE RIVER WATER & SANITATION DIST 846 FOREST RD VAIL CO 81657 TOWN OF VAIL FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 GLEN LYON OFFICE BUILDING ANDREW D. NORRIS 1000 S FRONTAGE RD W STE 200 VAIL, CO 81657 CDOT 4201 E. ARKANSAS AVENUE DENVER, CO 80222 MAURIELLO PLANNING GROUP, LLC POST OFFICE BOX 1127 AVON, CO 81620 Mauriol.(% Plaanini; Group MWN OVA16L' e~tC E ~ W OCT 19 2009 OF VAIL General Information: All projects requiring design review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Design 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 Planning and Environmental Commission. Design review approval lapses unless a building permit is issued and construction commences within one year of the approval. Description of the Request: New Parking Lot at the old BP site Location of the Proposal: Lot: Block: Subdivision: Unplatted Physical Address: 934 S. Frontage Rd Parcel No.: 210312100005 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: Lionshead Mixed Use 2 Name(s) of Owner(s): Vail Resorts Development Company Mailing Address: 137 Benchmark Road Avon Owner(s) Signature(s): Name of Applicant: Mailing Address: PO Box 1 New Construction Application for Design R Department of Community Developn 75 South Frontage Road, Vail, Colorado tel: 970.479.2128 fax: 970.479.2,e web: www.vailgov.com Planning Group Avon, CO 81620 Phone: 970-748-0920 E-mail Address: dominic@mpgvail.com Fax: 970-748-0377 Type of Review and Fee: ❑ Signs ❑ Conceptual Review ❑ New Construction ❑ Addition [A Minor Alteration (multi-family/commercial) ❑ Minor Alteration (single-family/duplex) ❑ Changes to Approved Plans ❑ Separation Request $50 Plus $1.00 per square foot of total sign area. No Fee $650 For construction of a new building or demo/rebuild. $300 For an addition where square footage is added to any residential or commercial building (includes 250 additions & interior conversions). $250 For minor changes to buildings and site improvements, such as, re-roofing, painting, window additions, landscaping, fences and retaining walls, etc. $20 For minor changes to buildings and site improvements, such as, re-roofing, painting, window additions, landscaping, fences and retaining walls, etc. $20 For revisions to plans already approved by Planning Staff or the Design Review Board. No Fee For Office 5Use 1)Only: 1~ ' Fee Paid: Check No.: By: i t~SS12 Meeting Date: C(~ I DRB No.: ~/1 ~ CJ,541 Planner: Project No.: ikl C - C, SS 7 Phone: 970-745-2544 V- -1 U K Lo I I z Aofl-l o-s;oF' Application for review by the Planning and Environmental Commission General Information: A conditional use permit is required for any use classified as "conditional" in any of the Town's zone districts. Uses listed as conditional uses are subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the Town and will not be detrimental to other uses or properties. The proposed project may also require other permits or applications and/or review by the Design Review Board and/or Town Council. All PEC approvals shall lapse if con- struction is not commenced within two years of the date of approval and diligently pursued to completion, or if the use for which the approval is granted is not commenced within two years. Fee: $6500 Description of the Request: Conditional Use and Variance for a proposed parking lot at the Old BP site Physical Address: 934 S. Frontage Rd. Parcel Number: 210312100005 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: Vail Resorts Development Company - James Hall Mailing Address: 137 Benchmark Rd Avon, CO 81620 Owner's Signature: Primary Contact/ 01 Mauriello Planning Group - Dominic Mauriello Mailing Address: PO Box 1127 Avon, CO 81620 E-Mail: dominic@mpgvail.com Fax: For Office Use Only: Cash_ CC Visa Y MC Last 4 CC # J 14 Lo Auth # Check # Fee Paid:JU Meeting Date: j.,_2 3 't)q Planner: Zoning: Received From: A )I, PEC No.: Project No: Land Use: Location of the Proposal: Lot: Block: Subdivision: D I \~=g 11-1 u v I.s n OCT 19 2009 11 Apr-09 Phone: 970-333-1932 Phone: 970-748-0920 N OF V Conditional Use Permit TOWN OF VAIL, COLORADO Statement Statement Number: R090001486 Amount: $250.00 10/19/200904:40 PM Payment Method:Credit Crd Init: SAB Notation: VISA-ALLISON KENT Permit No: DRB090542 Type: DRB-Minor Alt, Comm/Multi Parcel No: 2103-121-0000-5 Site Address: 934 S FRONTAGE RD VAIL Location: 934 S. FRONTAGE ROAD Total Fees: $250.00 This Payment: $250.00 Total ALL Pmts: $250.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts DR 00100003112200 DESIGN REVIEW FEES 250.00 TOWN OF VAIL, COLORADO Statement Statement Number: R090001487 Amount: $650.00 10/19/200904:44 PM Payment Method:Credit Crd Init: SAB Notation: VISA-ALLISON KENT Permit No: PEC090032 Type: PEC - Conditional Use Parcel No: 2103-121-0000-5 Site Address: 934 S FRONTAGE RD VAIL Location: 934 S. FRONTAGE ROAD Total Fees: $650.00 This Payment: $650.00 Total ALL Pmts: $650.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts PV 00100003112500 PEC APPLICATION FEES 650.00 TOWN OF VAIL, COLORADO Statement Statement Number: R090001488 Amount: $500.00 10/19/200904:46 PM Payment Method:Credit Crd Init: SAB Notation: VISA - ALLISON KENT Permit No: PEC090033 Type: PEC - Variance Parcel No: 2103-121-0000-5 Site Address: 934 S FRONTAGE RD VAIL Location: 934 S. FRONTAGE ROAD Total Fees: $500.00 This Payment: $500.00 Total ALL Pmts: $500.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts PV 00100003112500 PEC APPLICATION FEES 500.00 Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title bLIARANTEE COMPANY Date: 02-22-2007 Our Order Number: VB50018109 Property Address: 953 FRONTAGE ROAD VAIL, CO 81657 If you have any inquiries or require further assistance, please contact one of the numbers below: For Title Assistance: Vail Title Dept. Chris McElvany 108 S FRONTAGE RD W #203 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4732 Entail: cmcelvany@itgc.com VAIL ASSOCIATES, INC., A COLO CORP PO BOX 7 VAIL, CO 81658 Attn: GERRY ARNOLD Phone: 970-845-2658 Fax: 970-845-2555 Entail: gerrya@vailresorts.com Linked Commitment Delivery Land Title Guarantee Company Date: 02-22-2007 Land Title GUARANTEE COMPANY Our Order Number: VB50018109 Property Address: 953 FRONTAGE ROAD VAIL, CO 81657 Buyer/Borrower: SOHO DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY Seller/Owner: SOHO DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to anv of our 54 Office locations. ESTIMATE OF TITLE FEES Information Binder $158.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $158.00 Po= CONTACT 06/04 THANK YOU FOR YOUR ORDER! LAND TITLE GUARANTEE COMPANY Land Title INVOICE GUARANTEE COMPANY Owner: SOHO DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY Property Address: 953 FRONTAGE ROAD VAIL, CO 81657 Your Reference No.: When referring to this order, please reference our Order No. VB50018109 -CHARGES- Information Binder $158.00 --Total-- $158.00 Please make checks payable to: Land Title Guarantee Company P.O. Box 5440 Denver, CO 80217 Chicago Title Insurance Company ALTA COMMITMENT Our Order No. VB50018109 Schedule A Cust. Ref.: Property Address: 953 FRONTAGE ROAD VAIL, CO 81657 1. Effective Date: February 02, 2007 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: Information Binder Proposed Insured: SOHO DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: SOHO DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No: VB50018109 LEGAL DESCRIPTION PARCEL A A PARCEL OF LAND SITUATED IN A PART OF THE NEI/4 OF THE NE1/4 OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF TRACT A, SOUTH FRONTAGE ROAD SUBDIVISION, PER THE PLAT THEREOF RECORDED NOVEMBER 6, 2000, UNDER RECEPTION NO. 743424 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID CORNER ALSO BEING THE NORTHERLY RIGHT OF WAY OF THE SOUTH FRONTAGE ROAD OF INTERSTATE HIGHWAY NUMBER 70; THENCE ALONG SAID NORTHERLY RIGHT OF WAY S. 73 DEGREES 37 MINUTES 52 SECONDS W. 200.00 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT OF WAY N. 16 DEGREES 51 MINUTES 09 SECONDS W. 158.18 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF INTERSTATE HIGHWAY NUMBER 70; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY N. 59 DEGREES 28 MINUTES 16 SECONDS E. 274.19 FEET TO THE NORTHWESTERLY CORNER OF INTERSTATE HIGHWAY NUMBER 70 PARCEL 26B; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY AND ALONG THE WESTERLY BOUNDARY OF SAID PARCEL 26B S. 10 DEGREES 36 MINUTES 52 SECONDS W. 31.26 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 26B, SAID POINT ALSO BEING THE NORTHWESTERLY CORNER OF SAID TRACT A; THENCE ALONG THE WESTERLY BOUNDARY OF SAID TRACT A S. 10 DEGREES 45 MINUTES 05 SECONDS W. 34.40 FEET; THENCE CONTINUING ALONG SAID BOUNDARY S. 04 DEGREES 37 MINUTES 43 SECONDS E. 170.34 FEET TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 2: EASEMENT FOR INGRESS AND EGRESS AS CREATED BY COMBINATION RELEASE OF EXISTING EASEMENTS AND CREATION OF NEW CROSS EASEMENT AGREEMENT RECORDED DECEMBER 13, 1989 IN BOOK 519 AT PAGE 619, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. VB50018109 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: This product is for informational purposes only and does not constitute any form of title guarantee nor insurance. The liability of the company shall not exceed the charge paid by the applicant for this product, nor shall the company be held liable to any party other than the applicant for this product. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VB50018109 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. 7. Liens for unpaid water and sewer charges, if any.. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29, 1920, IN BOOK 93 AT PAGE 42. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29, 1920, IN BOOK 93 AT PAGE 42. 11. ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR OF THE STATE OF COLORADO, THE UNITED STATES OF AMERICA, OR THE GENERAL PUBLIC, WHICH EXIST OR ARE CLAIMED TO EXIST IN, OVER, UNDER AND/OR ACROSS THE WATERS AND PRESENT AND PAST BED AND BANKS OF THE RED SANDSTONE CREEK. 12. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED JULY 09, 1984 IN BOOK 388 AT PAGE 756. 13. TERMS, CONDITIONS AND PROVISIONS OF COMBINATION RELEASE OF EXISTING EASEMENTS AND CREATION OF NEW CROSS EASEMENT AGREEMENT RECORDED DECEMBER 13, 1989 IN BOOK 519 AT PAGE 619. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VB50018109 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 14. TERMS, CONDITIONS AND PROVISIONS OF CONVEYANCE OF EASEMENT RECORDED JUNE 25, 1991 IN BOOK 556 AT PAGE 702 AND RERECORDED AUGUST 29, 1991 IN BOOK 561 AT PAGE 191. 15. LACK OF A DIRECT ACCESS ON AND TO INTERSTATE HIGHWAY 70, WHICH ABUTS SUBJECT PROPERTY. 16. EXISTING LEASES AND TENANCIES. 17. THE EFFECT OF LANDSCAPING AND CURB AND GUTTER LYING WITHIN THE FRONTAGE ROAD RIGHT OF WAY AS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE PREPARED BY GORE RANGE SURVEYING, LLC DATED JUNE 9, 2005 JOB NO. 02-008. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special 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 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy 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 includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE 09/01/02 JOINT NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies / Chicago Title Insurance Company Security Union Title Insurance Company and Land Title Guarantee Company and Land Title Guarantee Company - Grand Junction July 1, 2001 We recognize and res ect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non public personal information ("Personal Information and to whom it is disclosed will form [he basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our internet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: * to aents, brokers or representatives to provide you with services you have requested; * tot ird-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and * to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests submitted to the Fidelity National Financial Group of Companies/Chicago Title Insurance Company shall be in writing, and delivered to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Palle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Form PRIV.POL.CHI THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS 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 November 23, 2009, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for final review of a conditional use permit, pursuant to Section 12-71-5, Conditional Uses; Generally (On All Levels Of A Building), Vail Town Code, and a variance from Section 14-5-2, Other Requirements; Parking Lot and Parking Structure Design Standards For all Uses, Vail Town Code, pursuant to Chapter 12-17, Variances, r~ Vail Town Code, to allow for the development of a private parking lot with less than the required interior surface area landscaping, located at 934 South Frontage Road/unplatted, and setting forth details in regard thereto. (PEC090032, PEC090033) Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group Planner: Warren Campbell A request for a final review of a variance from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of additions within the front and side setbacks, located at 3035 Booth Falls Road/Lot 12, Block 1, Vail Village Filing 13, and setting forth details in regard thereto. (PEC090034) Applicant: John and Katherine Adair Planner: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published November 6, 2009, in the Vail Daily. Attachment. B Vail Resorts II Holy Cross Parcel Employee Parking Area Lionshead II Applications for Gondr'tional Use Penn t, Valiance, and Design ..Re vie w June 2004 Prepared by- 1v1 :ICI Mauriello Planning Group 1. Introduction Surtu my ofProposal Last fall the Town of Vail Planning and Environmental Commission approved a proposal to create additional parking on the Holy Cross parcel located west of the Vail Resorts maintenance facility: The approval allowed the parking surface to be unpaved and granted a variance from the interior landscaping requirement of the Town's development standards. One of the conditions of approval of that application requires the owner to obtain approval for and complete construction of permanent paved parking by November 2004. The Town of Vail staff has requested that Vail Resorts postpone paving the parking lot until investigation and discussion can occur about the potential for a joint-venture parking structure on this parcel. Vail Resorts is applying for a conditional use permit and variance to allow all required improvements except the paving of the parking area. This application will allow the owner to provide a total of 291 parking spaces on both the Holy Cross and maintenance sites. If the conclusion of the ToNkii of Vail and Vail Resorts is not to pursue a parking structure at this location, then the Holy Cross Lot will be paved according to the proposed plan by November of 2005. In order to facilitate the construction of this parking area, two minor variances must also be approved. A variance frorn the interior landscape requirenent (7,410 sq. ft. required, 4,828 sq. ft. proposed) will again be necessary and a snow storage variance (22,231 sq. ft. required, 17,922 sq. ft. (plus 9,554 sq. ft. temporary) proposed) «vil.l be required in order to maximize the arnount of ernploNte parking being provided. ~,klong Nvith the parking improvements, Vail Resorts is also proposing laneage improvements to the South Frontage Road that will improve traffic floe and reduce vehicular conflicts in this area. These roadway improvements also include a 10' wide separated bicycle path on the south side of the road. CDOT has approved the proposed improvements and has issued permits to begin this work E:ttensive landscape and drainage improvements around the perimeter of both the I-101y Cross and maintenance site. The proposed landscaping will screen the new and existing uses. The proposed parking area is proposed to offset the "no net loss" of parking as required by the Lionshead Redevelopment Master Plan. Only minor cosmetic changes are proposed to the Maintenance Center uses as part of this parking proposal and therefore those improvements mill generally rerrrain as they exist today. The Town of Vail is a co-applicant on this project as a portion of the land being used for parking is an old remaining piece of the Red Sandstone right-of-way that was abandoned when I-70 was constructed in the 1970's. This right- of--,vay used to connect Irghway 6 to Potato Patch prior to the existence of Interstate 70. This right-of-way parcel has been used • Vail Holy Cro55 Par<-rg M irte o R;jnrrnci 'Grn.;p, LLC by Vail Resorts and Holy Cross Electric for parking and storage for the past 25 years or 10 more. The Town is in the process of transferring ownership of this parcel to Vail Resorts. Subject Property Lot Vail Prof"sional t Building 1 r t & R.W. S. D. I' Bktrj's I i j s ~ ~ s I I Key Eements of the Proposal Keyelesnents of the plan include: • Improved safety and function of the South Frontage Road * Improved parking capacity for skiers and employees Improved organization and function of employee parking facility • Second step in a long-term redevelopment of property and replacement of employee parking ill Lionshead. C 0 Vaal KC50rt5 holy C,rO55 par-r!ng 2 Maur ello Plarnina3 Groin, LLC 10 2. Description of the Project Backgmund Hole Cross Parcel (Tract M Vail Resorts obtained title to the Holy Cross parcel in 1995. Prior to obtaining ownership of the parcel, Vail Resorts and Holy Cross Electric used the site for storage of vehicles and equipment. In 1990 the Tov m of Vail approved a conditional use permit and variances to allow the site to be utilized for parking and storage of Holy Cross Electric equipment. That approval allowed for 101 unpaved parking spaces to be created. This approval has since expired. In 2001, the Town of Vail approved a conditional use permit for the site to be used again for vehicle storage as well as the storage of landscape equipment and materials for Fitz and Gaylord Landscaping. This approval allowed use of the same area of land as the 1990 approval but this approval limited the number of stored vehicles to 70 (these vehicles are no longer stored onsite). The approval allo`ved the parking surface to be unpaved. This approval has since expired. Last fall the PEC approved an unpaved employee parking area on this site with a condition that the owner return with a permanent paved parking solution by November 2004. l\-'Tau7tenance Center (Tract In 1993 the Town of Vail approved a conditional use permit allowang an expansion of the Vail Resorts .Maintenance Center. That expansion allowed a building addition, which contained offices, meeting areas, locker rooms, and storage. The parking requirement for the uses proposed oil-site was 57 parking spaces. This was based upon the actual employee count on the largest shift for the site. 'While there have been changes to the operation of the maintenance center over the last 13 years (i.e., more snowcats stored on the mountain) the number of employees generated by the uses on the site remains at 57, Project- Components As stated above, the project includes a general cleanup and improvement of the Holy Cross parcel and maintenance center. Many of the overall project components do not require PEC approval as they are maintenance items. The proposed plan re-organizes and provides additional parking spaces on the Holy Cross parcel for 234 additional parking spaces (291 proposed for both sites, 57 required for existing uses). This provides parking for all of the employee spaces found on the West Day Lot (160 spaces) and a portion of the parking proposed to be displaced from the North Day Lot (105 spaces existing). The proposed parking area will be accessed from within the Maintenance Center from the existing entrance on the South Frontage Road. The parking area will be further controlled 0 Vail (~PSOr't:5 - Holy Cro55 Parkrncj 3 M .i iCIIC 'k3rrurly k-71-01.1p, LLC with a gate to prevent trespass and to monitor the use of the lot. A left turn lane is being added to the South Frontage Road to allow efficient access to the site. CDOT is requiring drainage improvements around the entire site as part of the access permit. 1'lnose improvements include creating a swale and installing a culvert on the north side of the property (along I-70) to divert drainage towards the Red Sandstone Creek and making improvements to sNvales along most of the frontage of the South Frontage Road. See the site plan for a depiction of these irnprovemems. The applicant is also proposing a separated bicycle path adjacent to the EPvV,-SD site on the south side of the road. CDOT has issued a permit for this path as well. CDOT has approved a new driveway for snowcats to cross the South Frontage Road and to allow an additional exit for cars. This new snowcat access will improve the function and general conditions of Forest Road, which has been a goal of the Town for some time. Pedestrian access and circulation will occur internal to the site and cross the South Frontage Road at the intersection with West Lionshead Circle to the existing sidewalk located on the south side of West Lionshead Circle and the west side of the South Frontage Road. A painted crosswalk and signage will be provided at this location to alert the motorist to the presence of pedestrians. 'This will allow emplo}tes to have a safe and protected route to Lionshead. A portion of the proposed parking lot is being developed itlnin the TowM's Red Sandstone right-of-way parcel, -which divides Tract A and B as well as on a parcel owned by MOT. In order to facilitate this project, the Town is co-applicant and is allowing the use of this parcel. Vail Resorts is in the process of obtaining o~•nership of both of these parcels. Inte.riorLazidscape Variarnce As stated previously, the applicant is seeking a variance from the interior landscape requirement for this parking area. A variance was granted for unpaved parking with the November 2003 approval but it was unclear as to whether this variance, transfen-ed to the permanent improvements. The interior landscape requirement requires that 10% of the paved area include "islands" of landscape to help beautify parking areas. The current proposal provides 4,828 sq. ft. (6.5%) of internal landscaping whereas 7,410 sq. ft. (10%) is required. Internal landscaping is an important need in commercial developments that invite the general .public. This type of landscaping helps reduce the impact of large expanses of paverrrent and generally helps to screen parking within a parking lot. Most commercial parking lots are very open to the view of passing motorists as customers are being attracted to the site. In this case an employee parking area is being provided for ski mountain operation. The lot is not available to the general public and is located in a more industrial area of'Vail, The site is proposed to have extensive perimeter screening with \1011 Re5Ort5 - Holy Cross f''ark.in4~ 4 Maur ello PlarnirlL~ GrrnJp, l_LC new and mature plant materials. So the effect of the variance is minimized due to location, the use of the lot, and the extensive landscape screening that is occurring. Additionally, internal landscaping reduces the number of parking spaces that can be provided. Employee and guest parking has been an issue in Vail for the last 10 or more years. The goal of the Town to provide adequate parking would seem to out weigh the necessity for internal landscaping. Snow Storage The Town of Vail development standards require that an area equal to 30% of paved parking areas be provided as snow storage. The proposed plan provides 17,922 sq. ft. (24%) of snow storage, which is 4,309 sq. ft. short of the required storage area. This site is unique in that owner is in the business of plowing, shaping, and moving snow and therefore the owner has the ability to remove snow from the site soon after a storm event. In addition to providing 17,922 sq, ft. of pennanent snow storage, the owner is providing a temporary snow storage area (9,554 sq. ft.) where snow can be piled until it can be removed by a truck. This area along with the permanent snow storage areas is 5,245 sq. ft. in excess of the amount of storage required by the Town's development standards. This applicant is requesting a variance to allow for partial snow removal rather than storing 100`,5 on-site and has demonstrated a unique ability to perform this removal. 0 Unpaved Parking The Town of Vail staff has requested that we not mover forward with paving the parking area until there has been ample time to explore the opportunity to provide structured parking on this site. Pursuant to the Town's request, Vail Resorts is requesting a variance to allow the parking to be unpaved until November 2005. If over the next year it is concluded that a parking structure is not feasible at this location, Vail Resorts agrees to pave the parking lot according to the approved plan without further action necessary by the Planning and Environmental Commission, 0 V.;d Re5ort5 - holy C'ro55 Parking J tvla'.ir'rc' o P'ann~r~r~ G"out. ~'~i: °r a, 1N Wd0`IDA3(D3U (V 3HSNOSI S NI IV ~{h i l S. 1 3 d J! r 1 % N y I l y ~.~'.Q L3 t~ z~ j,. r~ ~ ~ (AYE I x ~ ~ f . `Y It y ~ ~°•E din, +1~~ t'1+~ ~ f ~ ~ (r j 'r 1 j ~t ~'w' 1t ~ ( _ An - r~ 4A illx _ J 1 wJ`r' A Y \ lit S Iy ~ . Ft , NVId 3DYNDIS ONrV ONIdIULS 31IS 30NdN3LN1V1N/SSOU3 .IIOM -us w N AQ, t,` ll a q 41 _ ' t' A% w apt ` ll lit: "IS 1 ~A g;h -r"7ty.: f ,t r } k~{{\ 0 p, lei 4 \i 17- rJr+ 1 `t f ~,;T~h r tl t' i. 7 ~,s~ `'y 4, i ~"A F ~ w^QyR.r~S• ~ ~ ~'r ~ ~ '4 ~ tit y„/'r; . J N ~ n oil CIO; tc7~' ~',a . S 4° y{am} p ~M t \ 1 r. "';o- cam, , m a -woo. . 3. Conditional Use Criteria 0 Before acting on a conditional use permit application, the Planning and Environmental Commission (PEQ shall consider the factors with respect to the proposed use: Relatk)nslup and impact of the use on development objectives of the Town. Ov-A Njjy~ 7'7x, Pl anniT aril E rrirorawmd Crmrrzssirm I~ws app umi a wnhh d we pe-M& on this pmperty on thrw prior o=ioras (in 1990, 2001, an4 2003). Ira 1990 the PE C aPPmzai a co r&k ul zsse to allo-Lcr tlas paw to k trserl for tlae park-of zd ides. Th& approuxl also allo~ tlae arkirm~ a7 z to not amira irn aor larxlsozpir In 2001 a sirr~l~xr crrrxlztioz:al z~se j~'em~t zez~c apps to all 2diide strnr:~~r.~ arni cx~lx~- c~zriprr~m ~ the sarrx> W?74- ?xzx titlxx~t int&ior la),diaapir. In 2003 t;x site s aptnrned for Pvka' ?F uidvtt intewrlarxlscxpir YbePr ai enf4ee parki179 lrx on this pgvrty is phase 2 (fa pro a4 -t~ Iran last sk i sc. son 7 ark iryrg Stith the Tocen r l Varl The prrpasc-dcrrrxiiturrxal arse , allow Vail Resorts to p= & aab p-utte erq)kW park iT as 7a7tamd by the L ionclaeadd Raltvloprrz rt Master Plan - b. 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. OIL- The pg)(wtrl cur&iawl use permit trill allowparkiT facilities aril` ass=* ted Sozab Frurdzt T Rand &ntu& u7 p vwn=. 77)ae ruxcl rxry irrpmterrerrts gall allo° the Sad) Fru,&z& Rand to operate rtm elute!- arxl saftly: The pq 6aI parking arm gall hazy little, iif wD; on the rerrxzirxler of the aboze ovma, Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, inaneuverability, and removal of snow from the street and parking areas. O,a-A n lys 5: 77x- przgpcxtrl pa7king alai kill vrprrru, the abilq of enployees to cvx,wzvzly mxrar r wVxn. thcjxark iT am, A aess to tlx: p77k-irzg area will be inp vu;ti z ith t x a(kiition t f a left W77 Lim ztitl)in the Scxrth Frrrrrtzige Rcxad and #wt ams will he co&rdIal by the zne c rrta~t tic earzl adzrtg xtes. Srunt rt,7rxnzd Mill l psvzi &i orz site 61s d as lerr trua~ttl riff cf dx- prupertY Padatrzan, zzs ;.till /x inp med by pmv&;,;g a paved surface 0 --un..5 - noy C.ro55 r'arkinc3 8 h,/:,Uri~;llo "Iannricj croup, LIC that allows orr site eimu atrm to a crtsszeulk lxat& at the v rtersetion of the Sc th Frrrzt W Road arxl West L iavlxud Orde d. 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. Q,P-A rxr1s 7 v p' erl park irC lot mill haw no wpact on the above crawma, as bar art, rxo Ixalz irgs assou~ztai wV) the pmp(.sztl 4. Variance Criteria Before acting on a variance application, the Planning and Enviromnental Commission shall consider the following factors with respect to the requested variance: a. The relationship of the requested variance to other existing or potential uses and structures in the vieira) Our Analysis: The p'rpa eri zana* ? z ill allowtlae Vail. Resorts to proz de as rmrzy parkvE spans as are rwombly pasibde m this site zath little W' t& d inpaas to the rvzd pidix The site will be adaluatdy scats f vtn pula!ic nghts-r f-aril nwomble altar im for srmv storagv and rrnxruzl h ne Ixtn p vwkrl The papa; ed Wn'rs gill hi e, little impact to ex icting and poter6v rw ird A, a= b. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessaiyto achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Our Analysis, Rdid fmrra the strict emi litend ar opr-aatim of the *atwr5 mill mg park irrg amts to crkrwn arttemal larxlcapar ; aryl a miuad am rrt of swa storax is VI rz r cstrrl as part of 'tlns irrprrrcfirx n plan The granting 4Wxse wM`as ,ill w grant a sp al pzze as l)e ace isrplo} parkzg is inyye to thrsfaality irtd)c 7ozarq~Val aryl nxrxirrazirsg tlxlt rkirr is gaxl rxx rnrly far tI ac~rx~r but also for tl~e To~,erz Reasomb e' a~tc~~ rati ~.es are ~i~ proprzsc~ ulrrrn ia~ude ex tern ize perzrn~tri- lar~elsr~apirr~ arrz` tl.~ rt rxrzrzl of srroze~from. tI sitc yl~mr, ~z lar~~e sraozv ~cerrt The c rtwrstrrrxts r f the ptt di wplrr}w pang irg aim and the uaruarxxs nyuintl to dezclop these irrpmzm" am wu'que and awyrm only to ury fe vsites wVxn the Tozer of Vail 77x~ prrp wai zzrrzar s vdI 9 Va~l Kc5ort5 ii(,,iy Cr055 Par'kirj9 %Aauneiic f la:nwrid vroum, LLC allow, the applicant and the Town to attain the o4i,: iv of dxx Tour's d dTnm sta 7rls zeithcxrt a grant csprxral p7zukge- C. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Our Anal is: 77X pnxnpczsed Wnaros =11 allow this pauxl pok, ing facility to operate in an of ber nnanner a7xl ianpmne A, azzmll s4(ety aal czar wm;Enx--for A mpk5m park ing in this far kj4 7k pn posal m'arm will I me little, if xN irrp is m t 7mrt,& of tk alxrx oiten a. 0 L_I Vail Kesorts holy C,-o55 Par'k,nq - - ~ Mauriello Plannu;j Group, LLC ATTACHMENT B -milli S 0 1. Introduction Summary= ofPr©,_-)osal Vail Resorts, working hi cooperation with the Town of Vail and the Larking Taskforce, has developed several reconunendations for both short-term and long-term solutions to reduce the amount of skier parking occuring on the South Frontage Road. One of the short-term solutions recommended for this ski season is to relocate the employee parking that occurs on the West Lay Lot to the Holy Cross parcel across the street. In turn, Vail Resorts is making the Vest Day Lot available to the Town of Vail for public parking. The West Day Lot has the ability to park 160 vehicles that may ordinarily be parked along the South Frontage Road. In order to facilitate the use of the West Day I )t for public parking, Vail Resorts is submitting a conditional use and variance applications to facilitate the clean-up of the Holy Cross parcel by removing vehicles "stored" on the site and providing an efficient parking lot capable of parking 140 additional vehicles (269 total for site). The new gain in parking replaces the employee parking spaces previously located on the West Day Lot. 11 The current request (a conditional use permit for parking and a variance request for unpaved parking; with no interior landscaping) will allow this unpaved parking area for the 2003-2004 ski season as phase l of a larger, more permanent project. No changes are proposed to the :Maintenance Center uses as part of tl-Lis parking; proposal. The existing vehicle storage and landscape equipment storage have been removed from the site. Phase 2 of the project gill provide approximately 166 additional parking spaces (295 total) depending on final layout. The proposal will also pave the parking area and address any roadway improvements necessary for the site. Prior to ivIay 2004 an application for a complete redevelopment of the parking; on this site will be submitted to the Town for review and approval. The current schedule is to have die permanent solution (phase 2) completed by November 2004. "The "I own of Vail is a co-applicant on this project as a portion of the land being used for parkin; is an old remaining piece of the Red Sandstone right-of-way which used to connect Ilighway 6 to Potato Patch prior to the existence of Interstate 70. This right-of-way parcel has been used by Vail Resorts and I--ioly Cross Electric for parking and storage for the past 15 years or more. Key Elements of the Proposal Key elements of the plan include: * Improved safety and function of the South Frontage Road Improved parking capacity for skiers • Improved organization and function of existing employee parking facility First step ul a long-term redevelopment of property and replacement of employee parking in Lionshead 2. Description of the Project BaCJf-,~tG1IIt d }-holy Cross Parcel ('T'ract A) Vail Resorts obtained title to the Holy Cross parcel in 199-5. Prior to obtaining ownership of the parcel, Vail Resorts and Holy Cross Electric used the site for storage of vehicles and equipment. In 1990 the Town of Vail approved a conditional use permit and variances to allow the site to be utilized for parking and storage of Holy Cross Electric equipment. That approval allowed for 101 unpaved parki ig spaces to be created. This approval has since expired. In 2001, the Town of Vail approved a conditional use permit for the site to be used again for vehicle storage as cell as the storage of landscape equip.tnent and materials for Fitz and Gaylord 1-andscaping. This approval allowed use of the same area of land as the 1990 2 approval but this approval limited the number of stored vehicles to 70 (these vehicles are no longer stored onsite). The approval allowed the parking; surface to be unpaved. This approval has since expired. Maintenance Center. ("Tract 13) In 1993 the Town of V ail approved a conditional use permit allowing an expansion of the Vail Resorts Maintenance Center. That expansion allowed a building addition which contained offices, meeting areas, locker rooms, and storage. Along with that approval the Town allowed 129 employee parking/snowcat parking spaces. This conditional use permit is still valid for the operation there today. These 129 spaces allowed by the 1993 approval are provided in the proposed plan for the site. .Ptoject Components As stated above, the project includes a general clean-up of the Holy Cross parcel and maintenance center. Many of the overall project components do not require PEC approval as they are maintenance items and therefore some of this work is currently being performed on the site. The proposed plan re-organizes and provides additional parking spaces on the Holy Cross parcel site for 1 40 additional parking; spaces (269 total). This provides parking for 140 of the 160 employee spaces found on the West Day Lot and therefore there will be a temporary shortage of 20 patking spaces. The Phase 2 project will accommodate approximately 166 employee spaces depending on final layout, and therefore replace all of the West Dan- Lot parking. The proposed parking area will be accessed from within the Maintenance Center from the esistiuzg entrance on the South Frontage Road. The parking area will be further controlled with a gate to prevent trespass and to monitor the use of the lot. The parking lot is proposed to be unpaved and the applicant is seeking relief from the interior parl~i.ng lot landscape requirement in order to maximize the number of parking spaces. Phase 2 of the project is to pave all of the parking, provide additional parking spaces, and make any necessary roadway improvements. Pedestrian access and circulation will occur internal to the site and cross the South Frontage Road at the intersection with forest Road to the existing pedestrian path located on the south side of the South Frontage Road. A painted crosswalk and signage will be prodded at this location to alert the motorist to the presence of pedestrians. This will allow employees to have a safe and protected route to Lionshead. A portion of the proposed paxlung lot is being developed within the Town's Red Sandstone right-of-way parcel which divides 'T'ract A and B as well as on a parcel owned by CDOT. In order to facilitate this project, the Town is co-applicant and is allowing the use of this parcel. Vail Resorts will be working with CDOT to obtain their permission to use a portion of the parcel owned by CDOT. 11 sr~a.. ;.•r;, Nb'1d S1 N3W3/\OddWi l~4bIOdW31 owa=m 3115 30NVN3LNIVN/SS08O k10H =_,E' w- _ -e-,T~~ w•._.~"'"~,~ ~'1 ,1 ^ ~ , ~ 1 t~\` ~r a i` y ~ ~i. a t t. 1 1 i 1 S_r~ ft ~,A -~<i~ t x- r i ~ f r ~v .wM1 y i r4: ~ - e ' 3 7 # s r y k ,3, ~ ; y~ e.. a 1 '},~7M1 kA_l t°!.px x 5k i ry iYlryr a6 I h X f...1 F~ . ~ fit' ~ ~ i~t• t:, ~ a o.g>g p a a R a & ~ 8y ~ , ,i / i f I i ~yt i ~ ~ r i -L'j" x ~"i~! ' y ~ ~ } r n t f ' 4 u Z o t4,, \ 1 i , r f} \ r f ~ • i 5 t as -b•`.c"_' :r f 1~5 t i 1P--_ 1 i'--T a,~~_~ \ I ~ ` ~ ~ • ""W- ti, , ! ^ vt6~'x 1 (i~, % ~€~,tt+,,}} l{,X,. ~~'t Y ' \ 5 •,,\t` ii 1 i j L ~ n •'~X '..1 '~a t~.. i , f , t<` y ~,r l~,}. ~~f ~r \ . r , • - n GA v WFr'"";~.• NV-1d S1N3W3/10~JdW1 1N3NttW2~3 31IS 30NVN31NPdW/SS080 X-0H ° - iN9Wd013A9G9H GV9HSN gNId-_1 SS F P' A ..cam -'_-•.!ti„ 1 \ k r MUM N 4i PS E cl. v U O CJ .n vi srsc.~aa ss+c s. '-79 at zru 1 f ~If {!!l11Iil~dill oil!IIilsts i...........• } fp 7 ~ ,Y~t I~k 1 :.i i i~iY'i[)~~ ✓i ~5t~ ~ r~. ~i I v ~ , OR H 1 ` ws~ ~l loco to ~ e '..^"~lllh~~~ 4. s n \ l yy ir'~ 5 "'S 'All /ry w~ ry t• 1 _Y Q4y1 .r ,'4 i } z f yr r ` r a h ,.hy A x ~no s a f" ' r i 6 _ •s'4 9 h ~r1 ys ~ ' • .Yt rqq a-+ i',o 04 14 t ~~>t r Tom: 3. Conditional Use Criteria 0 Before acting on a conditional use permit application, the Planning and Environmental Coninlission (I'13C ) shall consider the factors with respect to the proposed use: a. Relationship and impact of the use on development objectives of the Town. QiirAnaiv 1 'he Planning and E*ni ronvental C'omnrissmn has ufiproved a conditional use permit on this property on two prior occasions (in 1990 and 2001). In 19901he PEC apprV1, d a conditional use to allow this p(mel to be used for the parking of 101 vehicles. That approval also allowed the parking area to be unpaved and not contain interior lan(lrcaping. In 2001 a .drnilar conditional use permit ryas approved to all vehicle slorq,e of up to 70 vehicles and oilier eyuipinent with the .rave variances fi)r unpaved .rrirface and no interior landscrping. The proposed evployee parkine lot on this properly is part of an overall agrreivenl willh the Tonv, of Vail to temporarily. reduce the arrrount of parlor occurnn' on the South Frzrrrtuge Road 7 be proposal includes allowing the To1vn to operate a public parking area on the Irlesl Day L,rt thus shifliq Me ernplo}gee parking f"rom that site to the Holy Cress site. This i c an interim solution jar this ski.reason. A Rion perrjranent parking plan for this sire will be applied`jrr early nextyearand if'approtvd conrpl'eled by November 2004. The proposed condil orral use will allow the Town to rrduce parkin impacts to the South Frzrrrtge Road, along-slanding conrnrrrni goal. There fort, the proposal is al/vwing the Torun to achieve ils development objectives. b. The effect of the use on light and air, distribution of population, tiansportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. OurAnu The proposed conditional use permit wt.'ll allrrrv parkin?g facilities on private property to become available to lbe public and rrduce parking on the South Fronlage Road, lherrfom inrprnr~irrt the f>arrctiorr of the .South 1'rzrnlcr~e Road drrrzrza peak drys. The proposed parkin; ar7:a will have little, if any, on the renrairrcler rf the above crileria. C. I.;ffect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Our s:Ina&is: I he proposed par kh,g area is part tf an overallplan to reduce the amount of parking occurring on the South Frtrntcrge Rowel Tlii.r paring lot will be used by errrpl~ees who currently park arrows the street on the Irlest Day Lot. The LVest Day Lot will them be available to park the public that would have olhenvrse parked on the South Fronla e 6 j Road. ll'rith this reduction in parking on the South Frontage Road, congestion will be rxduced and safety, nranew erability, convenience, trafc flow, and snow rrzvoral unll all be improved. Additionally, the proposed parking IN will allow for a safe, convenient, and cnr,,yestion free arra, for ewpltyces to park, d. 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. Orcr jrral -sir: The proposed t*rrzrkrq lot moll have no i>npact on the above cr-iten,a as there are no building associated with ibis prrrposal. 4. Variance Criteria Before acting on a variance application, the Planning and Environmental Commission shall consider the following factors with respect to the requested variance: It. '.I'hc relationship of the requested variance to other existing or potential uses and structures in the vicinity. 0 Char Analysis: The proposed variance will allow the Vail Resorts and the Town to phase-in purkiq improvements within the Town cf Vail. Allowing the parking to he unpaved will allow the I 0141,11 to prvvide additiorru! par kirr to the public. and reduce congestion and safe~v concerns on the South Frontage Road yet this year. fl more permanent solution will be presented in the following months. 1 f this variance is not approved, the Town of Bail will be unable to achieve some of ils shore-leer parking goals. As the Gl''lest Deg Lot will not be available for public parking. The use o f this pmperyt, in this quasi-incdrestrial area o f Vail, has historically been for vehicle and equipment storage. b. "l he degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. (3ur Analysis: Relief fi o)v the strict and lileral interpretation of the rzgulations requiriq parking to be paved and parking areas to contain lundscapirrg h- being requested as port of rr two phased plan 10 improve the property. 'I he rrlief is also sough! 1o allow the 7f)wn of 1, aril to achieve itr short teen goal of rccducin~ con estion and irrrprovzrrg snfrty of the .Sarrlh f irrrrlage Roac! Tfrcgranting of these mnances will not grant a special priri1ge as these inrpimenrenls are 7 being pursued in order to imtirorte the public par king condition thrw gbout the Torun. The cirevnrstances of the proposed srse.+ and the variances required to make them happen are very unique and common only to very fiew site within the Town of Vail. C. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Our Analysis: The proposed variances strip allow parking facilities on private prr perYy to become available to the public and reduce parking on the South Frontage Load, tlicryi)rr imomviv , the fsvrrtiors of the South Frontrrgue load daring pea, days. The propoi•ed park' arca will have little, if any, on the rerrrainder of the above criteria. is