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HomeMy WebLinkAboutEver Vail Applications In Order of Review and Required Approval 120810Ever Vail Applications In Order of Review and Required Approval SDD Amendment: A. Criteria: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The 1.8 acres of land comprising the Glen Lyon Office Building Site is located within Development Area D of Special Development District No. 4, Cascade Village. Development Area D solely includes the Glen Lyon Office Building comprised of approximately 10,800 s.f. of office space which cannot be lost per the Lionshead Redevelopment Master Plan. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Development Area D is physically separate from the other developed areas of the SDD. It is separated from the other development area containing physical improvements by distance and Gore Creek. There are apparently covenants on the property governing height which is a partial reason for the residential scale buildings as well as views to the mountain from buildings behind this Gore Creek frontage. Additionally the Master Plan identifies that no more than three to four stories of building height is appropriate along Gore Creek. Ordinance No. 31, Series of 2007 will need to be repealed and reenacted to remove all references to Development Area D. A digital copy of this ordinance can be provided to the applicant to prepare a draft ordinance addressing this change. Initial review of SDD No. 4 does not provide for any impacts to other development areas as each individual development area was defined with its specific development parameters and not jointly impacting each other. Per Ordinance No. 31, Series of 2007 Development Area D was to include two EHU’s (795 and 900 s.f.). Do these exist on the site today? Were they a part of a development plan that was never carried forward? Do they need to be mitigated in the Ever Vail development as EHU deed restrictions run with the land? The applicant needs to confirm that the ownership of the Glen Lyon Office Building is the sole entity required to propose an amendment to the entirety of SDD No. 4, Cascade Village. 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. All parking and loading for the Ever Vail development will be required to be met on-site. This appears to be addressed in the submitted plans. Staff will be performing a compliance check with regard to these aspects. Does staff believe the loading and delivery as dispersed on the provided plans is adequate? Is a greater number of loading spaces necessary west of Red Sandstone Creek? 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Amendments were specifically made to the Lionshead Redevelopment Master Plan to incorporate the Glen Lyon Office Building into the overall master planning for a future West Lionshead redevelopment. Resolution No. 26, Series of 2008 adopted these amendments and Resolution No. 19, Series of 2008 amended the Land Use Plan map to designate the Glen Lyon Office Building site as being include in the Lionshead Redevelopment Master Plan land use designation. Within Section 5.17.6.4, Employee Housing, Lionshead redevelopment Master Plan 100% of employee housing associated with the site shall be on site. This is an increased requirement from what is required by the Town Code. Is this occurring regardless of the site being dissolved into a larger parcel? Should this be amended in the Master Plan? The submitted documents reference 67% of the total required employee housing will be placed back in Ever Vail. Requires rezoning to a new zone district 5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. The Glen Lyon Office Building site has substantial steep slopes from the top of the site to the banks of Gore Creek which need to be protected. The intent that is shown in the plan is to set the proposed development with one exposed floor plate roughly below the current structure’s lowest floor plate. A plan for protecting the slope and vegetation not to be disturbed for the entire Ever Vail site is necessary. The LEED process will likely mandate this as well. Staff has concerns about the areas that will actually need to be disturbed to physically construct portions of the project on the slopes leading to Gore Creek. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The bulk and mass and site plan design will be reviewed for compliance with the Master Plan. Again are there additional construction processes that could be implored to protect the site from the unnecessary construction disturbance resulting in additional tree and slope protection? 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. All plans shall show turning movements of vehicles on the surface and within the garages. The turning movements shall be for those vehicles which will be commonly utilizing the drive aisle and lanes and parking spaces. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Major Subdivision: A. Before recommending approval, approval with conditions or disapproval of the preliminary plan, the planning and environmental commission shall consider the following criteria with respect to the proposed subdivision: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and A partial preliminary plan has been approved by both the PEC and Town Council. The elements approved in the partial plan were focused on the elements associated with the relocation of the South Frontage Road and the necessary right-of-way width and associated pedestrian easement. This was done to facilitate the start of the lengthy CDOT process. A full preliminary plan needs to be reviewed in conjunction with a subdividers agreement memorializing various commitments between the developer and the Town. Legal Council for both groups need to begin to draft this agreement to be reviewed in conjunction with the full preliminary plan. A subsequent final plat will need to be submitted and reviewed. This needs to occur in conjunction or prior to any rezoning requests or development plan requests. It may be necessary to complete the full preliminary plan portion of the process prior to moving forward. This will result in resolution on whether the Red Sandstone Creek has a conservation easement placed upon it or is dedicated as a stream tract. The memorandum for the partial preliminary plan identified a need to have this discussion. Today’s village cores are comprised of multiple smaller properties assembled to create a fabric. Are there any unintended consequences from creating two larger parcels to comprise a new village? Ever Vail is different in that it has shared under ground spaces. How will future redevelopment within the individual structures be addressed (who signs application and determines remaining development potential)? Need Final Plat? 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The land area which Ever Vail encompasses has been identified in the Lionshead Redevelopment Master Plan and Vail Land use Plan. The intent of the project and the review will need to confirm this compliance. There are elements of the Lionshead Redevelopment Master Plan which identify significantly different site plans. For instance a stand alone above grade parking structure for skiers. Does this warrant revision prior to proceeding? 4. The extent of the effects on the future development of the surrounding area; and 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Within the partial preliminary plan review and approval staff proposed that a discussion regarding the provision of Red Sandstone Creek in a stream tract was presented. The Comprehensive Open Lands Plan identifies Red Sandstone Creek as parcel 19: and recommends the Town acquire a conservation easement to protect the stream and trees. A discussion needs to occur regarding the provision of a conservation easement or a subdivided stream tract. Have conditions changed since the adoption of the Plan in 1994? What elements would be included in a conservation easement that might address the Town’s needs? If a stream tract were to be provided would Ever Vail necessarily be impacted in terms of development standards for the sites? Could a stream tract be provided after LEED certification and meet all parties needs? 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. B. Necessary Findings: Before recommending and/or granting an approval of an application for a major subdivision, the planning and environmental commission shall make the following findings with respect to the proposed major subdivision: 1. That the subdivision is in compliance with the criteria listed in subsection A of this section. 2. That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 3. That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 4. That the subdivision promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Rezoning: Zone District Boundary Amendment: a. Factors, Enumerated: Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: (1) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed lots created by the proposed major subdivision appear to be in compliance with all minimum development standards of the proposed Lionshead Mixed-Use 2 zone district. Within the Lionshead Redevelopment Master Plan building heights and their need to steep down towards the west and along the Frontage Road was included in the text. As staff has learned more about this project and gained an appreciation for the Ever Vail site comprised of approximately 13 acres of low intensity development a question has arisen regarding the appropriateness of LMU-2 zoning. The LMU-1 and LMU-2 zone districts were written to include development standards which would provide an ability to redevelop an existing large residential/mixed use project that may not otherwise be able to develop a performa for a successful redevelopment. Was the rezoning of the current properties to LMU-2 in error? Were the development standards contained within LMU-2 incorrectly carried forward from LMU-1 to achieve the employee housing that was largely envisioned to occur on the site? Was staff in error to support a previous recommendation for a rezoning of the Ever Vail site to LMU-2? (2) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents; and (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and (4) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and (6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and (8) Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. b. Necessary Findings: Before recommending and/or granting an approval of an application for a zone district boundary amendment, the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and (2) That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Flood Plain Modification Permit: 3. Review, Criteria And Findings: At the discretion of the floodplain administrator, floodplain use permits may be reviewed by the floodplain administrator or the PEC. All floodplain modification permits shall be reviewed and approved by the floodplain administrator and the PEC. a. Criteria: The following factors shall be used to make a determination in issuance of floodplain permits: It is the apparent intent of the plan to improve Red Sandstone Creek. The flood plain coordinator for the Town will need to ensure compliance with all the following criteria. With regard to the stream improvements, staff believes there needs to be discussion between both parties regarding the appropriate level of interaction to permit the public to have with the creek. It has been discussed that it could be highly activated (primarily the west bank) and utilized by the Vail Recreation District. It has also been discussed that it could be improved and largely left to settle into a natural state. (1) The effects upon the efficiency or capacity of the floodway; (2) The effects upon persons and personal property upstream, downstream and in the immediate vicinity; (3) The effects upon the 100-year flood profile and channel stability; (4) The effects upon any tributaries to the main stream, drainage ditches and any other drainage facilities or systems; (5) The danger to life and property due to flooding or erosion damage; (6) The susceptibility of the proposed improvement and its contents to flood damage and the effect of such damage on the individual owner; (7) The danger that materials may be swept onto other lands to the injury of others; (8) The compatibility of the proposed use with existing and anticipated development; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (12) The effect the proposed changes will have any adverse environmental effect on the watercourse including, without limitation, erosion of stream banks and stream side trees and vegetation and wildlife habitat; (13) The necessity to the facility of a waterfront location, where applicable; (14) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (15) The relationship of the proposed use to the comprehensive plan for that area. b. Findings: The following findings shall be made before granting of a floodplain permit: (1) That the proposed use or modification adequately addresses the findings in subsection E3a of this section, as determined by the floodplain administrator, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; (2) That the proposed use or modification is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and (3) That the proposed use or modification is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the proposed use or modification promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Environmental Impact Report: A. Criteria For Decision: Following review of the environmental impact report, the planning and environmental commission shall approve, disapprove, or request changes in the project in writing. The planning and environmental commission shall approve the project unless it finds that either the project will have significant long term adverse effects on the environment with respect to the natural systems or other factors studied as prescribed in section 12-12-4 of this chapter or the project will have short term adverse effects on the environment so detrimental that public health, safety or welfare considerations preclude approval of the project. In the case of either finding, if changes in the project are feasible which ameliorate or avoid the adverse effects on the environment sufficiently to permit approval of the project, the planning and environmental commission, in writing, shall describe those changes and request those changes be made. If the planning and environmental commission determines that the changes are not feasible, it shall disapprove the project in writing, describing the adverse effects on the environment, the significance of the effects either to the natural systems or other factors studied as prescribed in section 12-12-4 of this chapter or to the public health, safety or welfare and the planning and environmental commission's reasons for concluding that no changes in the project are feasible to ameliorate or avoid those effects. Major Exterior Alteration: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Conditional Use Permits: A. Factors Enumerated: Before acting on a conditional use permit application, the planning and environmental commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by chapter 12 of this title. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this title and the purposes of the zone district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of this title. Lionshead Redevelopment Master Plan Amendments: No applications are currently submitted to propose any amendments to the Master Plan. As discussed previously with the applicant. Staff believes there are elements of the Master Plan which inherently need to be amended with the creation of a new pedestrian village within the Lionshead Redevelopment Master Plan. For instance new view corridors should be considered and adopted from both the Frontage Road and from within the east and west sides of the development to ensure a visual connection to the mountain and gondola. Exhibits like Map P (Identification of the Pedestrian Mall) and Map Q (identifying pedestrian walks and connections will need to be amended. This could potentially occur subsequent to several of the approval, however, they should be discussed during the review process for the major exterior alteration.