HomeMy WebLinkAboutever_vail_rezoning_lmu2_072307 1
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: June 23, 2007
SUBJECT: A request for a final recommendation to the Vail Town Council for a zone
district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town
Code, to allow for a rezoning of properties from Arterial Business District and
South Frontage Road West right-of-way which is not zoned to Lionshead
Mixed Use 2, properties known as “Ever Vail” (West Lionshead), located at
953 and 1031 South Frontage Road West and South Frontage Road West
right-of-way, (a complete legal description is available for inspection at the
Town of Vail Community Development Department), and setting forth details
in regard thereto. (PEC07-0021)
Applicant: Vail Resorts Development Company, represented by Thomas
Miller
Planner: Warren Campbell
I. SUMMARY
The applicant, Evergreen Lodge at Vail, Ltd., H.B. Development Co., represented by
Thomas J. Brink, has submitted a development review application to the Community
Development Department to allow for the rezoning of Lot 2, Block 1, Vail Lionshead
2nd Filing Subdivision, from Special Development District No. 14 with the underlying
zoning of High Density Multiple Family District (HDMF) to Lionshead Mixed Use-1
District (LMU-1). The applicant has submitted the application in anticipation of the
redevelopment of the Evergreen Lodge. Staff is recommending approval of the
applicant’s development review application.
II. DESCRIPTION OF REQUEST
The applicant, Evergreen Lodge at Vail, Ltd., H.B. Development Co., represented by
Thomas J. Brink has submitted a development review application to the Town of Vail
Community Development Department. The purpose of the application is to amend
the Official Zoning Map of the Town of Vail whereby Lot 2, Block 1, Vail Lionshead
2nd Filing Subdivision is rezoned to Lionshead Mixed Use-1 zone district. According
to the applicant, the rezoning is intended to facilitate the redevelopment of the
Evergreen Lodge. If approved, Special Development District No. 14, Evergreen
Lodge, would be repealed by the amending ordinance. It is important to note that
should this request be approved by the Vail Town Council, the amending ordinance
rezoning the property will also include provisions for repealing Special Development
District No. 14 in its entirety
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A vicinity map of the development site and surrounding area has been attached for
reference. (Attachment A)
III. BACKGROUND
On April 1, 1986, the Vail Town Council approved Ordinance No. 5, Series of 1986,
an ordinance establishing Special Development District No. 14, Double Tree Hotel.
The underlying zoning on the property was High Density Multiple Family (HDMF).
This approval granted development rights for a total of 220 accommodation units, 24
dwelling units with a total allowable GRFA of 116,153 square feet.
On March 21, 1989, the Vail Town Council approved Ordinance No. 7, Series of
1989, an ordinance repealing and re-enacting Ordinance No.5, Series of 1986.
Ordinance No. 7, Series of 1989, granted the property owner rights to develop
“transient residential dwelling units or restricted dwelling units” as defined within the
ordinance. In essence, a transient residential dwelling unit or restricted dwelling unit
is a dwelling unit managed for short-term rental in which all such units are operated
under a single management providing the occupants of the units customary hotel
services and facilities. According to the Ordinance, each transient residential
dwelling unit or restricted dwelling unit is limited to 645 square feet in size, shall not
be rented for more than 31 consecutive days, and may include a kitchen not more
than 35 square feet in size which can also be locked off and separated from the rest
of the unit.
On February 6, 1990, the Vail Town Council approved Ordinance No.1, Series of
1990, an ordinance amending the previous approved development plan to allow a
190 accommodation units of which 62 can be transient residential dwelling units or
restricted dwelling units, 24 dwelling units, and an 18,000 square foot spa facility.
On August 22, 2005, the Town of Vail Planning & Environmental Commission held a
public hearing on a proposed amendment the boundary of the Lionshead Master
Plan Study Area and forwarded a recommendation of approval with modifications of
the amendment to the Town Council. The modifications included text language
changes to the amendment. The purpose of the amendment was to amend the
boundaries of the Master Plan to include the Evergreen Lodge development site and
to add detailed plan recommendations for future development on the Evergreen
Lodge development site, as prescribed in Chapter 5, Detailed Plan
Recommendations, Lionshead Redevelopment Master Plan.
On September 6, 2005, the Vail Town Council voted to approve Resolution No. 15,
Series of 2005, a resolution amending certain sections of the Lionshead
Redevelopment Master Plan expanding the boundaries of the Master Plan to include
the Evergreen Lodge development site and adding detailed plan recommendations
for future development on the Evergreen Lodge development site, as prescribed in
Chapter 5 of the Lionshead Redevelopment Master Plan, and setting forth details in
regard thereto. The motion to approve the resolution, however, included a condition
that the resolution shall become effective upon the adoption of an ordinance zoning
the property to Lionshead Mixed Use-1 District.
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IV. ROLES OF THE REVIEWING BODIES
Rezoning/Zone District Boundary Amendment
Planning and Environmental Commission:
The Planning and Environmental Commission is advisory to the Town Council. The
Planning and Environmental Commission shall review the proposal and make a
recommendation to the Town Council on the compatibility of the proposed zoning
with surrounding uses, consistency with the Vail Comprehensive Plans, and impact
on the general welfare of the community.
Design Review Board:
The Design Review Board has no review authority on zoning/rezonings.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided.
The staff advises the applicant as to compliance with the Zoning Regulations. Staff
provides a staff memo containing background on the property and provides a staff
evaluation of the project with respect to the required criteria and findings, and a
recommendation on approval, approval with conditions, or denial. Staff also
facilitates the review process.
Town Council:
The Town Council is responsible for final approval/denial of a zoning/rezoning.
The Town Council shall review and approve the proposal based on the compatibility
of the proposed zoning with surrounding uses, consistency with the Vail
Comprehensive Plans, and impact on the general welfare of the community.
V. APPLICABLE PLANNING DOCUMENTS
Town of Vail Zoning Regulations (Title 12, Vail Town Code)
12-6H-1: Purpose; High Density Multiple Family District
The high density multiple-family district is intended to provide sites for multiple-family
dwellings at densities to a maximum of twenty five (25) dwelling units per acre,
together with such public and semipublic facilities and lodges, private recreation
facilities and related visitor oriented uses as may appropriately be located in the
same district. The high density multiple-family district is intended to ensure adequate
light, air, open space, and other amenities commensurate with high density
apartment, condominium and lodge uses, and to maintain the desirable residential
and resort qualities of the district by establishing appropriate site development
standards. Certain nonresidential uses are permitted as conditional uses, which
relate to the nature of Vail as a winter and summer recreation and vacation
community and, where permitted, are intended to blend harmoniously with the
residential character of the district.
12-7H-1: Purpose; Lionshead Mixed Use-1 District
The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of
multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge
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dwelling units, restaurants, offices, skier services, and commercial establishments in
a clustered, unified development. Lionshead Mixed Use 1 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. With any
development/redevelopment proposal taking advantage of the incentives created
herein, the following amenities will be evaluated: streetscape improvements,
pedestrian/bicycle access, public plaza redevelopment, public art, roadway
improvements, and similar improvements.
Town of Vail Land Use Plan
Chapter II – Land Use Plan Goals/Policies
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
3.1 The hotel bed base should be preserved and used more efficiently.
3.2 The Village and Lionshead areas are the best location for hotels to serve
the future needs of the destination skiers.
3.3 Hotels are important to the continued success of the Town of Vail,
therefore conversion to condominiums should be discouraged.
VI. ZONING ANALYSIS
The following zoning analysis provides a comparison of the development potential
currently allowed under Special Development District No. 14 with underlying zoning
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of High Density Multiple Family District to that of the proposed Lionshead Mixed Use-
1 District.
Legal Description: Vail Lionshead 2nd Filing
Land Use Designation: Resort Accommodations and Services
Lot Size: 114,563 sq. ft./2.63 acres
Development Standard SDD #14/HDMF LMU-1
Lot Area: 10,000 sq.ft. min. 10,000 sq.ft. min.
Setbacks: Per the approved 10 ft. min.
development plan
Height: 84’ and per the 82.5 ft. max.
approved development 71 ft. average
plan
Density Control: 24 d.u.s 92 d.u.s,
190 a.u.s unlimited a.u.s, f.f.u.s,
e.h.u.s, timeshare
(33% over existing
or 35 d.u.s/acre
whichever is greater)
GRFA: 107,027 sq. ft. 286,407 sq. ft.
Per approved if entire site is buildable
development (33% over existing
plan or 250% of buildable
area whichever is
greater)
Site Coverage: Per the approved 80,194 sq. ft.
development plan (70%)
Landscaping: Per the approved 22,912 sq. ft.
development plan (20%)
Parking Per Chapter 10 of Per Chapter 10 of
the Zoning the Zoning
Regulations Regulations
VII. SURROUNDING LAND USES AND ZONING
Land Use Zoning
North: Town Government General Use
South: Hospital General Use
East: Professional Office Commercial Service Center
West: Residential High Density Multiple Family
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VIII. CRITERIA AND FINDINGS
Amendment to the Official Zoning Map of the Town of Vail (rezoning)
Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town
Code authorizes amendments to the Official Zoning Map of the Town of Vail.
Pursuant to Section 12-3-7, Amendments, in part,
“an application to amend the district boundaries of the Zoning Map may be
initiated by petition of any resident or property owner in the Town.”
Furthermore, Section 12-3-7 C prescribes the criteria and findings the Planning and
Environmental Commission and Town Council shall consider with respect to a
request to amend the Zoning Map.
The applicant is seeking a recommendation of approval to rezone Lot 2, Block 1, Vail
Lionshead 2nd Filing, from High Density Multiple Family (HDMF) District to the
Lionshead Mixed Use-1 (LMU-1) District.
According to Section 12-3-7 C, of the Vail Town Code,
Before acting on an application for a zone district boundary amendment, the
Planning and Environmental Commission and Town Council shall consider the
following factors with respect to the 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
Section V of this memorandum outlines all of the goals and policies
implemented or that are relevant to the proposed rezoning of Lot 2, Block
1, Vail Lionshead 2nd Filing. The proposed rezoning specifically
implements the Vail Land Use Plan land use designation of Resort
Accommodation and Service which states, in part, that,
“This area includes activities aimed at accommodating the overnight
and short-term visitor. Primary uses include hotels, lodges, service
stations, and parking structures with densities up to 25 dwelling units
per acre.”
According to Section 12-7H-1: Purpose; Lionshead Mixed Use-1 District,
“The Lionshead Mixed Use 1 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, and commercial establishments in a clustered, unified
development. Lionshead Mixed Use 1 District, in accordance with the
Lionshead Redevelopment Master Plan, is intended to ensure
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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. With
any development/redevelopment proposal taking advantage of the
incentives created herein, the following amenities will be evaluated:
streetscape improvements, pedestrian/bicycle access, public plaza
redevelopment, public art, roadway improvements, and similar
improvements.
The proposed rezoning is consistent and compatible with the Vail
Comprehensive Plan and the Town’s development objectives.
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
The Lionshead Mixed Use-1 District establishes zoning that is consistent
with both existing and proposed uses on the parcel. The proposed use of
the property will remain as a lodge thus providing short-term
accommodations for guests and visitors to the Town. Special attention
should be given however to the proposed Detailed Plan
Recommendations outlined Chapter 5 of the Lionshead Redevelopment
Master Plan, if adopted, that states,
“5.19.3 Preservation of Existing Accommodation Units
The Evergreen Lodge presently contains 128 short term
accommodation units. In addition, The Evergreen Lodge also
contains a restaurant, lounge, spa, and meeting space facilities
incidental to the operation of the Lodge. Given the importance
and need for short term accommodations to the vitality and
success of the community, any future redevelopment of the site
shall ensure the preservation of short term accommodation units
on the site. The preservation of short term accommodations
should focus on maintaining the number of existing hotel beds and
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the amount of gross residential square footage on the site rather
than merely requiring the preservation of 128 accommodation
units. With this in mind, the quality of the existing accommodation
unit room could be upgraded and the rooms could be reconfigured
to create multi-room suites. In no instead, however, should the
amount of gross residential floor area devoted to accommodation
units be reduced. “
The zone district amendment is consistent with existing and potential
uses on surrounding properties. According to the Vail Land Use Plan, the
adjoining land use designations include Resort Accommodations and
Services, Tourist Commercial, Public/Semi Public and Medium Density
Residential. Pursuant to the Plan, the existing land use designation is
Resort Accommodations and Services. The area governed by the
Lionshead Redevelopment Master Plan is designated as Tourist
Commercial. A review of the Zoning Regulations demonstrates that the
uses allowed in the Lionshead Mixed Use-1 zone district are compatible
with both the intent and purposes of the Resort Accommodations and
Services and Tourist Commercial land use designations.
3. The extent to which the zone district amendment presents a
harmonious, convenient, workable relationship among land uses
consistent with municipal development objectives; and
The Lionshead Mixed Use-1 (LMU-1) District is consistent with the
existing and proposed use of the property. The proposed zone district
implements specific goals of the Vail Land Use Plan and Lionshead
Redevelopment Master Plan. Staff believes that the proposed re-zoning
presents a harmonious, convenient, and workable relationship with land
uses in the area consistent with the existing and proposed use of the
property. For example, while the overall density of development on the
Evergreen Lodge development site will increase as a result of the zone
district boundary amendment, the proximity of the development site to the
South Frontage Road, the detailed plan recommendations for the
development site, and the anticipated off site vehicular and pedestrian
improvements ensures a workable relationship among land uses. More
specifically, the acknowledgement of the need for coordinated future
development with the Vail Valley Medical Center, as outlined in the
detailed plan recommendations for the Evergreen Lodge development
site, ensures that the municipal development objective of minimizing
vehicular access to the medical center from West Meadow Drive will be
achieved. Additionally, Section 5.19.3, Preservation of Existing
Accommodation Units, of the Lionshead Redevelopment Master Plan,
ensures that the future use of the site will include a minimum number of
accommodation units. A longstanding goal of the Town has been no net
loss of existing accommodation units. Lodge and accommodation units
are permitted uses in the Lionshead Mixed Use-1 zone district. A review
of the purpose statements of the Lionshead Mixed Use-1 zone district and
the High Density Multiple Family zone district reveals that both are
intended to provide sites for “multiple family dwellings, lodges, hotels and
other uses relate to winter and summer recreation”.
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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
The proposed re-zoning establishes consistent zoning for the property.
This re-zoning will create a zone district consistent with the existing and
proposed use of the property. The proposed re-zoning and development
plan provide for the development of an orderly viable community
consistent with the Town’s development interests as expressed in the
Lionshead Redevelopment Master Plan. For instance, the Vail Land Use
Plan designates the site as “Resort Accommodations and Services”. The
purpose of this land use designation is, in part, “to provide areas where
hotel uses will be concentrated, reflecting the community’s goal to
concentrate hotels within the core areas”. The purpose of the Lionshead
Mixed Use-1 zone district is, in part, “to provide sites for lodges, hotels,
fractional fee clubs, lodge dwelling units, and timeshares” , “to provide
economic incentives for properties to redevelop” and “to create an
economically vibrant lodging, housing and commercial core area.” Staff
believes that this amendment furthers the development objectives of the
Town and serves the best interest of the community as a whole.
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
The proposed re-zoning will not significantly alter the existing character or
uses allowed on the site. As such, staff does not for see any adverse
impacts on the natural environment to include water quality, air quality,
noise, vegetation, etc. In fact, given the language as adopted for the
detailed recommendations for the site, it could be reasonably expected
that beneficial impacts could result from the rezoning and redevelopment
of the site. For example, an intended outcome of the redevelopment of
this site, according to the Lionshead Redevelopment Master Plan, is the
restoration and enhancement of the Middle Creek riparian corridor.
6. The extent to which the zone district amendment is consistent with
the purpose statement of the proposed zone district.
The Lionshead Mixed Use-1 (LMU-1) District is proposed for the subject
property. The proposed zone district is consistent with the intended
purpose of that zone district. A copy of the purpose statement of the
Lionshead Mixed Use-1 zone district is provided in Section V of this
memorandum.
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.
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Since the original adoption of zoning on the property, the Town of Vail
has undergone an extensive study for the redevelopment of the
Lionshead area of Town. As such, the Town has adopted clearly
identifiable goals and objectives for development in this general area of
Town. In order to ensure that these goals and objectives for development
are carried out, the Town adopted two new zone districts; one of which is
the Lionshead Mixed Use-1 District. If approved, the applicant will be
afforded the opportunity to redevelop the site with the Town’s goals in
mind. To that end, the Lionshead Redevelopment Master Plan, through
the adoption of Resolution No. 15, Series of 2005, outlines very clear and
specific objectives for development on the Evergreen Lodge site. These
objectives can be found in Chapter 5 of the Lionshead Redevelopment
Master Plan.
8. Such other factors and criteria as the Commission and/or Council
deem applicable to the proposed rezoning.
IX. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forwards a recommendation of approval of an
amendment to the Official Town of Vail Zoning Map, pursuant to Chapter 3, Title 12,
Zoning Regulations, Vail Town Code, to rezone Lot 2, Block 1, Vail Lionshead 2nd
Filing to the Vail Town Council.
Staff’s recommendation is based upon the review of the criteria outlined in Section
VIII of this memorandum and the evidence and testimony presented, subject to the
following findings:
“Before recommending and/or granting an approval of an application for a
zone district boundary amendment the Planning & Environmental
Commission and the Town Council shall make the following findings with
respect to the requested amendment:
1. That the 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.”
X. ATTACHMENTS
A. Vicinity Map