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HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5D LOT M O VAIL VILLAGE INN PHASE 4 AKA VAIL PLAZA HOTEL SEBASTIAN 2002 MAJOR AMEND SDD6 EMPLOYEE HOUSING UNITSVfr,,/ /,//ov-o l--- t /t t f'rtttzt't 4 L]'| tStrr,l*b, /fis l4-D t/a*lillfuru ht P !ftase v +oq l,hil /4.YdZ,/,' {4 eroa PIqu rtm'nd ' sbb U -'l E nptof*. //*tT I -t Planning and Environmental Commission ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Ctlorado 81657 tel: 97O.479.2t39 fax: 970.479.2452 web: www.ci.vail.co.us Project Name; Major Amendment to WI SDD pEC Number: PEC0Z0016 Project Description: Major amendment to an SDD Pafticipants: OWNER DAYMER CORP NV 0410312002 phone: 1OO E MEADOW DR VAIL CO 81557 License: APPUCANT Waldir Prado 0410312002 phone: 470-5622 Connie Dorsey 100 E Meadow Dr Vail, CO 81657 License: ProjectAddress: 100 E MEADOW DR VAIL Location: Legal Description: Lot: M-O Block: 5D Subdivisionl VILLAGE INN PLAZA Parcel Number: 210108203003 Comments: See: Ordinance 14, Series of 2002 BOARD/STAFF ACTION Motion By: Doug Cahill Action: APPROVED Second By: Rollie Kjesbo voter 6-0 DateofApproval 06102120o2 Condations: 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). Planner: pEC Fee paid: $1,000.00 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: July 2,2O02 SUBJECT: Ordinance 14: A request for a major amendment to Special Development District No. 6 to continue to allow the conversion of accommodation units into employee housing units located at the Vail Village Inn, 100 East Meadow Drive/Lots M, N and O, Block 5D, VailVillage 1't Filing. Applicant: Daymer CorporationPlanner: Russell Forrest DESCRIPTION OF REQUEST Attached are Ordinance 14, Series ol 2002, and a staff memo to the Planning and Environmental Commission dated June 10,2002. lf approved, Ordinance 14 would allow the continued use of the Vail Village Inn for Employee Housing (versus accommodation units) until May 2003 at which time the approval for both the EHUs and the most recently approved redevelopment plan (if a building permit is not pursued)for the hotel would expire. Building numbers 4 and 5 have been used over the last year for Type lll employee housing units. A total of 56 EHUs have been used on the site in both buildings 4 and 5. The Fire Department has ordered that building 5 (over Craig's market) no longer be used for any type of occupancy due to significant life safety issues. With that order only 26 employee housing units would be available to the owner unless significant repairs are made to building 5. RECOMMENDATION BY THE PLANNING AND ENVIRONMENTAL COMMISSION (PECI The PEC unanimously voted to approve a conditional use permit on June 10,2002with the following conditions: 1. That the conditional use permit to allow for Type lll employee housing units shall expire on May 1, 2003. 2. That the applicant enters into a written agreement with the Town of Vail in a form approved by the Town Attorney stating that these units shall be used for employee housing until such date that the conditional use permit expires. 3. That only EHUs approved by the Vail Fire Department shall be used for occupancy. The PEC unanimously voted to recommend to the Town Council that they approve an amendment to SDD # 6 with the following conditions. 1. That only EHUs approved by the Vail Fire Department shall be used for occupancy. 2. That the approval of this major amendment to Special Development District No. 6 shall not supercede any previous approvals for this special development district. Since the PEC hearing on June 6h, Club Chelsea has submitted a building application to move into the bar area of the Vail Village Inn. This is allowed by zoning. However, it does utilize the available parking on the site. With that use staff would recommend that no more than 40 EHUs be converted and that the Vail Fire Department approve of each unit that is available for occupancy to ensure that units can safely be occupied as defined in applicable Fire and Building codes. The Town Council will need to reference the criteria stated on page 8 of the PEC memo and the findings on page 7. Attachments: 1. Ordinance 14, Series of 20022. Memo to Planning and Environmenlal Commission Flcdev\COUNCIL\MEMOS\02\W| type 3 ehus0702.doc ORDINANCE NO.14 SERIES OF 2OO2 AN ORDINANCE AMENDING THE APPROVED USES OF SPEGIAL DEVELOPMENT DISTR]CT NO. 6, VAIL VILLAGE INN, PHASE IV, TO ALLOW FOR THE GONVERSION OF ACCOMMODATION UNITS INTO TYPE III EMPLOYEE HOUSING UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, In 1976, the VailTown Council adopted Ordinance No. 7, Series of 1976, establishing Special Development District No. 6, VailVillage Inn; and WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to approved uses of Special Development Districts to eliminate accommodation units and to change uses; and WHEREAS, in 2001, the Town Council approved of Ordinance No. 32, Series of 2001 to allow a major amendment to Special Development District No. 6 to convert accommodation units into Type lll Employee Housing Units; and WHEREAS, the purpose of this ordinance is to amend the approved uses for Special Development District No. 6, to allow for the conversion of accommodation units into Type lll Employee Housing Units; and WHEREAS, this major amendment to Special Development District No. 6 shall not supercede any previous approvals for Special Development District No. 6; and WHEREAS, the revised major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Town of Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held a public hearing on the major amendment application on June 10, 2002; and WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria for a major amendment and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, due to extraordinary circumstances, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend the approved uses for Special Development District No. 6, Vail Village Inn; and WHEREAS, the approval of the major amendment to Special Development District No. 6, Vail Village Inn, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, the Vail Town Councilfinds that the proposed major amendment to Special Development District No. 6, Vail Village Inn, complies with the nine design criteria outlined in Section 12-9A-8 of the Town of Vail Municipal Code. The applicant, as required, has demonstrated to the satisfaction of the Council that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided or has demonstrated that one or more of the development standards is not applicable, or that a practical solution consistent with the public interest has been achieved. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO. THAT: Section 1. Purpose of the Ordinance The purpose of Ordinance No. 14, Series of 2002, is to amend the approved uses for Special Development District No. 6, Vail village lnn, Phase lv. The approved development plans and Reied Ndcnbo I 9. ?0o t I uses for Phases l, ll, lll, & V remain approved and unchanged for the development of Special Development District No.6 within the Town of Vail, unless they have otherwise expired. Only the uses for Phase lV are hereby amended and adopted. This ordinance shall not supercede any previous approvals for the redevelopment of Phase lV of the Vail Village Inn and the owner may act on these previous approvals as approved in Ordinance No. 21, Series of 2001, at any time, until such approval expires. The purpose of Ordinance No. 14, Series of 2002, is to eliminate 74 accommodation units and to add up to 40 Type lll Employee Housing Units until May 1,2003. Section 2. Amendment Procedures Fulfilled. Planning Gommission Report The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled, and the Vail Town Council has received the recommendation of the Planning & Environmental Commission of approval for a major amendment to the approved uses for Special Development District No. 6, Vail Mllage Inn. Requests for amendments to Special Development District No. 6 shall follow the procedures outlined in Section 12-9A of the Vail Municipal Code. Section 3. Special Development District No. 6 The special Development District and the Major Amendment to the approved uses are established to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development District No. 6 is regarded as being complementary to the Town of Vail by the Vail rown council and the Planning & Environmental commission, and has been established since there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. Chanqe in Use - Special Development District No. 6, Vail Village Inn, Phase lV The seventy-four (74) accommodation units located in the Vail Village Inn, Phase lV, shall be eliminated. No more than forty (a0) Type lll employee Housing Units shall be allowed. The Type lll Employee Housing Units shall be allowed through a conditional use permit which shall expire on May 1, 2003, and after such date the use shall revert to the approved uses of Special Development District No. 6. The Vail Fire Department must determine that individual employee housing units in Special Development District No. 6 comply with applicable adopted Fire and Building Codes before occupation of an employee housing unit is granted. Section 5. Date of Expiration The conditional use permit and this major amendment shall expire on May 1, 2003, and the approved uses shall revert to those approved in Special Development District No. 6, Vail Village Inn, Phase lV. Section 6. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. R*iedNoEobq 19,2001 Section 7. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLf SHED ONCE lN FULL ON FIRST READTNG this 2nd day of July, 2002, and a pubtic hearing for second reading of this Ordinance set for the 6th day of August, 2OO2, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kuz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Rdhed Nd€frber lr,2001 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6'n day of August, 2002. Ludwig Kuz, Mayor ATTEST: Lorelei Donaldson. Town Clerk F:\cdev\ORD\02\Ordinance 14 - Wltype lll EHU's.doc Rais.d Ndenrb.r 19. zlxJl TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department June 10,2002 A reguest for a major amendment to Special Development District No. 6 to continue to allow the conversion of accommodation units into employee housing units and a request for a conditional use permit, to allow for Type lll employee housing units to be located at the Vail Village Inn, 100 East Meadow Drive/Lots M, N and O, Block 5D, VailVillage 1" Filing. Applicant Daymer CorporationPlanner: Russell Forrest BACKGROUND AND DESCRIPTION OF THE REQUEST Daymer Corporation, is requesting a major amendment to Special Development District No. 6, to allow for the conversion of accommodation units into employee housing units, and a conditional use permit to allow Type lll employee housing units at the Vail Village lnn. This is a temporary request to allow the applicant to utilize ihe property for employee housing until construction can begin on the redevelopment of the property which was approved in 2000. The approval for development plans approved in 2000 becomes null and void on May 1, 2003. The property is zoned Special Development District No. 6, with an underlying zoning of Public Accommodation. According to Chapter 12-9A, a major amendment to a special development district is defined as: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposal to change uses; rncrease gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendmenfs" as defined in this Section), except as provided under Sections 12-1*4, "lnterior Conversions", or 12-1 5-5, 'Gross Residential Floor Area (250 Ordinance)" of this Title. The elimination of accommodation units is considered a major amendment by this definition. In addition, Type lll employee housing units are a conditional use in the Public Accommodation zone district. The applicant has requested a major amendment to Special Development District No. 6 and a conditional use permit for Type lll employee housing units. The applicant is proposing no exterior modifications. Proiect Historv The following is a summary of the existing phases and development with the Vail Village Inn Special Development District: il. Phase I - This phase consists of the buildings located at the southeast corner of the District. Phase I includes one residential dwelling unit approximately 3,927 square feet in size and nine commercial/retail spaces. Phase ll - This phase consists of three residential dwelling units totaling approximately 3,492 square feet in size and three commercial/retail spaces. Phase ll is generally located in the center of the District. Phase lll - This Phase consists of twenty-nine residential dwelling units totaling approximately 44,830 square feet in size and six commercial/retail spaces. Phase lll is located at the northeast corner of the District. Phase lV - This is the original and oldest Phase in the District. This Phase consists of one residential dwelling unit approximately 5,000 square feet in size and seventy-two accommodation units comprising approximately 16,585 square feet of floor area. Phase lV is generally located in the northwest corner of the District. Phase V - This Phase consists of eleven residential dwelling units and three accommodation units totaling approximately 9,972 square feet of floor area and four commercial/retail spaces. Phase V is located in the southwest corner of the District at the intersection of Vail Road and East Meadow Drive. When originally considering deviations from the underlying zoning in 1976, the Town Council found that such deviations were acceptable, as the community was to realize a substantial increase in the hotel bed base. An increase in short-term accommodations has been a long-standing objective of our resort community. ln 2000, a major amendment to Special Development District No. 6 was approved to allow for the redevelopment of the Vail Village Inn. The executive summary of this approval is attached for reference. On September 4h, 2OO1 a revised development plan was approved for SDD No. 6 (Ordinance No. 21, Series of 2001) which clearly stated that the approval for that development plan becomes null and void on May 1, 2003 if construction does not commence before that date. On December 4th,2OO1 an amendment to SDD No. 6 was approved that allowed for the conversion of 56 accomadation units into Type lll Employee Housing Units. In addition, a conditional use permit was approved by the Planning and Environmental Commission forthe Type lll Employee Housing units on November 12,2001. That conditional use permit to allow for the 56 EHUs and the amendment to SDD 6, i.e Ordinance No. 32, Series of 2001, expired on June 1,2002. REVIEWING BOARD ROLES A. Major Amendment to a Special Development District Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Planninq and Environmental Commission: Action: The PEC is advisory to the Town Council. The PEC shall review the proposal for and make a recommendation to the Town Council on the following: r Permitted, accessory, and conditional useso Recommendation on development standards including, lot area, site dimensions, setbacks, height, density control, site coverages, landscaping and parking. Evaluation of design criteria as follows (as applicable): A. 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. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural and/or Geologic Hazard: ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. F. 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. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. l. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Desiqn Review Board: Action: The DRB has NO review authority on a SDD proposal, but must review any accompanying DRB application The DRB review of an SDD prior to Town Council approval is purely advisory in nature. a Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Action: The Town Council is responsible for final approval/denial of an SDD. The Town Council shall review the proposal for the following: r Permitted, accessory, and conditional uses. Approval of development standards including, lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parkingr Evaluation of design criteria as follows (as applicable): A. 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. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural and/or Geologic Hazard: ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. F. 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. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation. views and function. l. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. B. Gonditional Use Permit Plannino and Environmental Commission: Action:The PEC is responsible for final approval/denial of CUP. 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. Conformance with development standards of zone district o Lot arear Setbacks. Building Heightr Density. GRFAo Site coverage. Landscape arear Parking and loading. Mitigation of development impacts Desiqn Review Board: Action: The DRB has NO review authority on a CUP, but must review any accompanying DRB application. The DRB is responsible for evaluating the DRB proposal for: . Architectural compatibility with other structures, the land and surroundings. Fitting buildings into landscape. Configuration of building and grading of a site which respects the topography. Removal/Preservation of trees and native vegetationr Adequate provision for snow storage on-site. Acceptability of building materials and colors. Acceptability of roof elements, eaves, overhangs, and other building formsr Provision of landscape and drainager Provision of fencing, walls, and accessory structuresr Circulation and access to a site including parking, and site distancesr Location and design of satellite dishes. Provision of outdoor lighting. The design of parks Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Since no interior or exterior physical changes are proposed as the result of this application, specific development plans, traffic analysis, and an EIR were not required by the Administrator. III. STAFF REGOMMENDATION A. MAJOR AMENDMENT TO THE SPECIAL DEVELOPMENT DISTRICT A site visit was conducted on the property on May }th,z}O2with the property manager, Community Development, and the Fire Department. At that time significant life safety issues were found with building # 5 which can not be corrected without significant reconstruction of the building. Specifically, a large cavity in between the units in the building that has numerous fire wall penetrations into units was found. As the result of that site visit, the Fire Department is ordering that this building # 5 be vacated (See attachment B). However, building # 4 was found to only have minor maintenance issues which could easily be remedied to continue to allow occupancy. The Department of Community Development recommends the Planning and Environmental Commission recommends approval of the applicant's request for a recommendation to the Vail Town Council regarding a major amendment to Special Development District #6, to allow for the elimination of accommodation units and the addition of Type lll employee housing units, subject to the following finding: B. That the proposed major amendment to Special Development Distict No. 6, Vail Village lnn, complies with the nine design criteria outlined in Secflon 12-9A-8 of the Town of Vail Municipal Code. The applicant, as required, has demonstrated to the satisfaction of the Commission that any adverse effects of the reguested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided or has demonstrated that one or more of the development standards is not applicable, or that a practical solution consrsfenf with the public interest has been achieved. Should the Planning & Environmental Commission choose to recommend approval of the requested major amendment, staff would recommend that the approval carry with it the following conditions: 1. That only building # 4 (26 units) be used for conversion to . employee housing units. 2. That the approval of this major amendment to Special Development District No. 6 shall not supercede any previous approvals for this special development district. 3. That the Fire Marshal completes an inspection of building 4 prior to second reading of an ordinance amending SDD # 6 to ensure compliance with all applicable fire codes and safety provisions. Specifically annual maintenance is required with the fire suppression and alarm system. CONDITIONAL USE PERMIT The Community Development Department recommends approval of the applicant's request for a conditional use permit to allow for Type lll employee housing units located at the Vail Village Inn, 100 E. Meadow Dr. / Lots M, N, and O, Block 5D, Vail Village 1"t Filing, based on the following findings: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. lf the Planning and Environmental Commission chooses to approve this request, staff recommends the following conditions be placed on the approval: 1. That the conditional use permit to allow for Type lll employee housing units shall expire on May 1, 2003. 2. That the applicant enters into a written agreement with the Town of Vail in a form approved by the Town Attorney stating that these units shall be used for employee housing until such date that the conditional use permit expires. 3. That only the 26 units in building # 4 be used for employee housing. IV. ZONING / DEVELOPMENT STATISTICS Lot size: Development Standard Lot Area: GRFA: Dwdling units per acre: Employee Units Site coverage: Setbacks: front: sides: rear: Parking: Commercial sq. footage: Public Accommodation Zonino 10,000 sq.ft min. 65% or 97,683 sq. ft. 20' 20' zv per T.O.V. Code Section 10% of allowable GRFA or 22,542 sq. ft. 2000 SDD Major Amendment Approval 150,282 sq. ft. 61% or 92,036 sq. ft. 16' 5"2" &o', 5' 291 parking spaces 2001 SDD Major MajorAmend. no change no change 12.75 dulacre 56126 are habitable no cnange no change no change no cnange no change 3.45 acres or 150,282 sq. ft. (All Phases) up to 150% or 225,423 sq. ft. 121o/o or 181,719 sq. ft. 25 dulacre 13.0 du/acre (AU/FFU/EHU unlimited) unlimited 2 V. 25% of GRFA or 45,228 sq. ft. no chanqe Title12, chapter 9 of the Town code provides for the establishment of special Development Districts in the Town of Vail. According to section 12-gA-1 , the purpose of a Special Development District is: To encourage flexibility and creativity in the development of land, in order to promote ifs mosf appropriate use; to improve the design character and quatity of the new development within the Town; to facilitate the adequate and economical provision of sfreets and utilities; to preserve the natural and scenic features of open space areas; and to furiher the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Speciat Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of propefty included in the Special Development District. The Town Code provides nine design criteia, which shall be used as fhe principal criteria in evaluating the merits of the proposed Special Development Distict. lt 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 consisfenf with the public interest has been achieved. The elimination of the existing accommodation units at the Vail Village Inn is considered a major amendment to Special Development Districl No. 6. As such, it is subject to the following review criteria: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. There are no exterior changes proposed with this major amendment to Special Development District No. 6. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed use is to convert existing substandard accommodation units into Type lll employee housing units. The underlying zoning of the property is Public Accommodation. Type lll employee housing units are a conditional use in this zone district. The applicant is proposing to eliminate 76 accommodation units. 54 of these units will be converted to Type lll employee housing units. However, The use has been discussed in Section Vl of this memorandum. C. Gompliance with parking and loading requirements as outlined in Title 12, Chapter 10, ofthe Town Code. Based on a site analysis, there are currently 82 parking spaces for this phase of the building. Chapter 12-10 of the Town Code requires 75.6 parking spaces for the employee housing units. In addition, Craig's Market requires 3.7 spaces. The total number of parking spaces required is 80 spaces. As proposed, the project meets the parking requirement. D. Conformity with the applicable elements of the Vail Gomprehensive Plan, Town policies and Urban Design Plan. Conformance with the Vail Land Use Plan and Vail Village Master Plan has been discussed in Section Vl of this memorandum. Because there are no exterior modifications proposed with this application, the Urban Design plan is not applicable. E. ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development distrlct is proposed. According to the Town of Vail's Official Hazard Maps, there are no natural or geologic hazards present on the subject property. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The existing approved site plan for the special development district would not be altered with this request. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. There is no change proposed to the existing approved circulation system for Special Development District No. 6. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. There is no change proposed to the existing landscape/open space plan for Special Development District No. 6. l. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. This criterion is not applicable to this proposal. REQUIRED CRITERIA AND FINDINGS - CONDITIONAL USE PERMIT A. CONSIDERATION OF FACTORS: 1. Relationship and impact of the use on the development obiectives of the Town. Vail Land Use Plan The Vail Land Use Plan identifies the subject property as part of the Vail Village Master Plan. However, the Vail Land Use Plan identifies goals and objectives which staff believes to be applicable to this proposal. Staff believes this proposal would impact the following goals and policies identified in the Vail Land Use Plan: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses fo serue both the visitor and the permanent resident. 1.12 Vail should accommodate most of the additional grovvth in existing developed areas (infill areas). Staff Response Staff believes the proposed amendment would facilitate the location of employee housing units within the Town of Vail (a high Council priority) at an existing infill 10 location. Staff believes affordable employee housing is essential for the provision of services that both residents and visitors expect. However, staff does not believe that this is an acceptable longterm use for this property. Staff believes that until the following goals of the Vail Land Use Plan outweigh the goals for the provision of employee housing at this location: 3.1 The hotel bed base should be preserued 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. 3.4 Commercial grovvth should be concentrated in existing commercial areas to accommodate both local and visitor needs. Staff Response Although the conversion of any accommodation unit within Vail's core areas should be highly discouraged, staff believes the subject property may be an appropriate location for employee housing for a temporary and defined time period. The applicant has an approval in place to redevelop the property. However, construction has been temporarily postponed due to a lawsuit which has subsequently been resolved allowing the developer to move fomrard with the approved plans. The conversion of these accommodation units to Type lll employee housing units will allow the property owner to use the property, to the benefit of the owner and the Town, until construction can commence. 5.1 Additional residentiat grov,rth should continue to occur pimaity in existing, plafted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assrsfed by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential grovtth should keep pace with market place demands for a full range of housing types. 5.5 The existing employee housing base shou/d be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Staff Response Staff believes this proposal furthers the above-listed goals by providing additional opportunities for locals/employee housing within the town limits at an existing infill location. 6.1 Servlces should keep pace with increased growth. 11 Staff Response Staff believes the provision of employee housing is vital if Vail is to provide services consistent with the demand created by residents and visitors. Vail Village Master Plan The Vail Village Master Plan designates this property as "Medium/High Density Residential" and Mixed Use." According to the Vail Village Master Plan: Medium/High Density Residential: The overwhelming majority of the Village's lodge rooms and condominium units are located in this land use category. /f rs a goal of this Plan to maintain fhese areas as predominantly lodging oriented with retail development limited to small amounts of "accessory retail". Mixed Use: This category includes the "historic" Village core and propefties near the pedestrianized streefs of the Village. Lodging, retail, and a limited amount of office use are found in this category. With nearly 270,000 sq. ft. of retail space and approximately 320 residential units, the mixed use character of these areas r.s a major factor in the appeal of Vail Village. The Vail Village Master Plan identifies the following goals and objectives which staff believes are applicable to this proposal: Goal: To foster a strong tourist industry and promote year-around economic heafth and viability for the Village and for the community as a whole. Objective: lncrease the number of residential units available for sh oft term ov ern ight accom mod ations. Policy: The development of short term accommodation unrls is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short term overnight rental. Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities as part of any redevelopment of lodging propefties. Staff Response Because this request is temporary in nature, staff believes that this proposal is not contrary to the goals and objectives of the Vail Village Master Plan. These accommodation units are currently substandard units and the staff believes that the use of these as employee housing is acceptable. The approved redevelopment of the Vail Village Inn is consistent with the above goals and objectives. Objective: Encourage the development of affordable housing units through the efforts of the private sector. tz 2. Policy: Employee housing units may be required as paft of any new of redevelopment project requesting density over that allowed by existing zoning. Policy: Employee housing shall be developed with appropriate restrictions so as fo insure their availability and affordability to the local work force. Policy: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance. Staff Resoonse Staff believes that the utilization of the existing accommodation units as Type lll employee housing units, even as a temporary use, will further the above-listed objective to encourage the development of affordable housing units. The effect of the use on liqht and air, distribution of population, transportation facilities, utilities. schools. oarks and recreation facilities. and other public facilities needs. As this request is temporary in nature, staff does not believe that there will be a permanent effect on the above-listed items. However, the change in use from accommodation units to employee housing units will significantly change the character of the property. Effect upon traffic with particular reference to conqestion, automotive and pedestrian safetv and convenience, traffic flow and control. access. maneuverabilitv. and removal of snow from the street and parkinq areas. Traffic Flow - According to ITE calculations, we should anticipate a 388% decrease in traffic generation based on the proposed uses based on the 2001 approval for employee housing units. With only 26 employee housing units instead of 56 units this impact will be even less. Additionally, staff anticipates a high percentage of pedestrian trips as opposed to vehicular trips. Staff believes this proposal would have a positive impact on traffic flow in the area. Parking - Based on a site analysis, there are cunently 82 parking spaces for this phase of the building. Chapter 12-10 ot the Town Code requires 75.6 parking spaces for the employee housing units. In addition, Craig's Market requires 3.7 spaces. The total number of parking spaces required is 80 spaces. As proposed, the project meets the parking requirement. Effect upon the character of the area in which the proposed use is to be located, includinq the scale and bulk of the proposed use in relation to surroundinq uses. The applicant is not proposing any changes to the bulk, mass or location of the exisiing building. The adjacent uses include the existing Vail Village Inn Plaza, including commercial, lodging, and residential uses; 9 Vail Road, multiple-family residential dwellings; and the Vail Gateway, commercial and residential uses. Staff believes that given the mixed-use and residential character of the neighborhood, the proposed use of employee housing is acceptable. However, staff believes that this use should be limited to one vear. 3. 4. 13 B. FINDINGS The Planninq and Environmental Commission shall make the followinq findings before qrantinq a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. 14 Attachment 1 Map of Buildings Vail Village Inn o.o3 o o.o3 0.06 Mires N-#, S tc TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department June 10,2002 A request for a major amendment to Special Development District No. 6 to continue to allow the conversion of accommodation units into employee housing units and a request for a conditional use permit, to allow for Type lll employee housing units to be located at the Vail Village Inn, 100 East Meadow Drive/Lots M, N and O, Block 5D, VailVillage 1" Filing. Applicant: Daymer Corporation lca nart Y)o ' u ' Planner: Russell Fonest BACKGROUND AND DESCRIPTION OF THE REQUEST Daymer Corporation, is requesting a major amendment to Special Development District No. 6, to allow for the conversion of accommodation units into employee housing units, and a conditional use permit to allow Type lll employee housing units at the Vail Village Inn. This is a temporary request to allow the applicant to utilize the property for employee housing until construction can begin on the redevelopment of the property which was approved in 2000. The approval for development plans approved in 2000 becomes null and void on May 1, 2003. The property is zoned Special Development District No. 6, with an underlying zoning of Public Accommodation. According to Chapter 12-9A, a major amendment to a special development district is defined as: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposal to change uses,' r''ncrease gross resldential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendmenfs" as defined in this Section), except as provided under Sections 12-164, "lnteior Conversions", or 12-115, 'Gross Residential Floor Area (250 Ordinance)" of this Title. The elimination of accommodation units is considered a major amendment by this definition. In addition, Type lll employee housing units are a conditional use in the Public Accommodation zone district. The applicant has requested a major amendment to Special Development District No. 6 and a conditional use permit for Type lll employee housing units. The applicant is proposing no exterior modifications. Proiect Historv The following is a summary of the existing phases and development with the Vail Village Inn Special Development District: o Phase | - This phase consists of the buildings located at the southeast corner of the District. Phase I includes one residential dwelling unit approximately 3,927 square feet in size and nine commercial/retail spaces. Phase ll - This phase consists of three residential dwelling units totaling approximately 3,492 square feet in size and three commercial/retail spaces. Phase ll is generally located in the center of the District. Phase lll - This Phase consists of twenty-nine residential dwelling units totaling approximately 44,830 square feet in size and six commercial/retail spaces. Phase lll is located at the northeast corner of the District. Phase lV - This is the original and oldest Phase in the District. This Phase consists of one residential dwelling unit approximately 5,000 square feet in size and seventy-two accommodation units comprising approximately 16,585 square feet of floor area. Phase lV is generally located in the northwest corner of the District. Phase V - This Phase consists of eleven residential dwelling units and three accommodation units totaling approximately 9,972 square feet of floor area and four commercial/retail spaces. Phase V is located in the southwest corner of the District at the intersection of Vail Road and East Meadow Drive. When originally considering deviations from the underlying zoning in 1976, the Town Council found that such deviations were acceptable, as the community was to realize a substantial increase in the hotel bed base. An increase in short-term accommodations has been a long-standing objective of our resort community. { r" 2000, a major amendment to Special\n allow for the redevelopment of the Vail ( approval is attached for reference. Development District No. 6 was approved to Village lnn. The executive summary of this On September 4th, 2001 a revised development plan was approved for SDD No. 6 (Ordinance No. 21, Series of 2001) which clearly stated that the approval for that development plan becomes null and void on May 1, 2003 if construction does not commence before that date. On December 4tn,2OO1 an amendment to SDD No. 6 was approved that allowed for the conversion of 56 accomadation units into Type lll Employee Housing Units. In addition, a conditional use permit was approved by the Planning and Environmental Commission for the Type lll Employee Housing units on November 12,2001. That conditional use permit to allow for the 56 EHUs and the amendment to SDD 6, i.e Ordinance No. 32, Series of 2O01 , expired on June 1,2002. II. REVIEWING BOARD ROLES A. Major Amendment to a Special Development District Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Planninq and Environmental Commission: Action: The PEC is advisory to the Town Council. The PEC shall review the proposal for and make a recommendation to the Town Council on the following: r Permitted, accessory, and conditional uses. Recommendation on development standards including, lot area, site dimensions, setbacks, height, density control, site coverages, landscaping and parkingr Evaluation of design criteria as follows (as applicable): A. 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. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural and/or Geologic Hazard: ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. F. 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. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. l. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Desiqn Review Board: Action: The DRB has NO review authority on a SDD proposal, but must review any accompanying DRB application The DRB review of an SDD prior to Town Council approval is purely advisory in nature. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Action: The Town Council is responsrb/e for final approval/denial of an SDD. The Town Council shall review the proposal for the following: . Permitted, accessory, and conditional uses. Approval of development standards including, lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking. Evaluation of design criteria as follows (as applicable): A. 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. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural and/or Geologic Hazard: ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. F. 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. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and fu nction. l. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. B. Conditional Use Permit Planninq and Environmental Commission: Action: The PEC is responsible for final approval/denial of CUp. 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 Tifle. Conformance with development standards of zone district . Lot area. Setbacks. Building Height. Density. GRFA. Site coverager Landscape arear parking and loading. Mitigation of development impacts Desiqn Review Board: Action: The DRB has NO review authority on a CUp, but must review any accompanying DRB application. The DRB is responsible for evaluating the DRB proposal for: . Afchitectural compatibility with other structures, the land and surroundings. Fitting buildings into landscape. Configuration of building and grading of a site which respects the topographyo Removal/Preservation of trees and native vegetation. Adequate provision for snow storage on-site. Acceptability of building materials and colors. Acceptability of roof elements, eaves, overhangs, and other building formso Provision of landscape and drainageo Provision of fencing, walls, and accessory structuresr Circulation and access to a site including parking, and site distances. Location and design of satellite disheso Provision of outdoor lightingr The design of parks Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Since no interior or exterior physical changes are proposed as the result of this application, specific development plans, traffic analysis, and an EIR were not required by the Administrator. III. STAFF RECOMMENDATION A. MAJOR AMENDMENT TO THE SPECIAL DEVELOPMENT DISTRIGT A site visit was conducted on the property on May gth, 2002 with the property manager, Community Development, and the Fire Department. At that time significant life safety issues were found with building # 5 which can not be corected without significant reconstruction of the building. Specifically, a large cavity in between the units in the building that has numerous fire wall penetrations into units was found. As the result of that site visit, the Fire Department is ordering that this building # 5 be vacated (See attachment B). However, building # 4 was found to only have minor maintenance issues which could easily be remedied to continue to allow occupancy. The Department of Community Development recommends the Planning and Environmental Commission recommends approval of the applicant's request for a recommendation to the Vail Town Council regarding a major amendment to Special Development District #6, to allow for the elimination of accommodation units and the addition of Type lll employee housing units, subject to the following finding: I 0*7 -ieo t?' t/fi Le e'7a--- -142, That the proposed major amendment fo Specra/ Development District No. 6, Vail Village lnn, complies with the nine design criteria outlined in Secfion 12-9A-8 of the Town of Vail Municipal Code. The applicant, as required, has demonstrated to the satisfaction of the Commission that any adverse effecfs of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided or has demonstrated that one or more of the development standards is not applicable, or that a practical solution consisfenf with the interest has been achieved. Should the Planning & Environmental Commission choose to recommend approval of the requested major amendment, staff would recommend that the approval carry with it the following conditions: bLy That only building # 4 (26 units) be used for conversion to employee housing units. That the approval of this major amendment to Special Development District No. 6 shall not supercede any previous approvals for this special development district. That the Fire Marshal completes an inspection of building 4 prior to second reading of an ordinance amending SDD # 6 to ensure compliance with all applicable fire codes and safety provisions. Specifically annual maintenance is required with the fire suppression and alarm system. CONDITIONAL USE PERMIT The Community Development Department recommends approval of the applicant's request for a conditional use permit to allow for Type lll employee housing units located at the Vail Village Inn, 100 E. Meadow Dr. / Lots M, N, and O, Block 5D, Vail Village 1"'Filing, based on the following findings: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. lf the Planning and Environmental Commission chooses to approve this requesr, staff recommends the following conditions be placed on the approval: 1. 2. 2 I 1. That the conditional use permit to allow for Type lll employee housing units shall expire on May 1, 2003. 2. That the applicant enters into a written agreement with the Town of Vail in a form approved by the Town Attorney stating that these units shall be used for employee housing until such date that the conditional use permit expires. 3. That only the 26 units in building # 4 be used for employee housing. IV. ZONING / DEVELOPMENT STATISTICS Lot size: 3.45 acres or 150,282 sq. ft. (All Phases) Development Standard Lot Area: GRFA: Dwelling units per acre: Employee Units Site coverage: Setbacks: front: sides: rear: Parking: Commercial sq. footage:25% ofGRFA or45,228 sq. ft. no change Title12, chapter g of the Town code provides for the establishment of special Devefopment Districts in the Town of Vail. According to Section 12-9A-1, the purpose of a Special Development District is: To encourage flexibility and creativity in the development of land, in order to promote its mosf appropriate use; fo improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of slreels and utilities; to preseNe the natural and scenic features of open space areas; and to further the overall goals of the community as slafed rn the Vail Comprehensive Plan. An approved development plan for a Speciat Development District, in conjunction with the properties underlying zone district, 2001 SDD Major Maior Amend. no cnange no change 12.75 dulacre 56126 are habitable no change no change no cnange no cnange no change up to 150% or225,423 sq. ft. 121Vo or 181,719 sq. ft. 25 du/acre 13.0 du/acre (AU/FFU/EHU unlimited) unlimited 2 Public Accommodation Zoninq 10,000 sq.ft min. 650/o ot 97,683 sq. ft. 20' 20' 20' per T.O.V. Code Section 10olo of allowable GRFA or 22,542 sq. ft. 2000 SDD Major Amendment Approval 150,282 sq. ft. 61% or92,036 sq. ft. 16' 5"2"&o', 5' 291 parking spaces v. shall establish the requirements for guiding development and uses of property included in the Special Development District. The Town Code provides nine design citeria, which shatt be used as fhe principal criteria in evaluating the meits of the proposed Speciat Development District. lt shall be the burden of the applicant to demonstrate that submittat material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The elimination of the existing accommodation units at the Vail Village Inn is considered a major amendment to Special Development District No. 6. As such, it is subject to the following review criteria: A. Design compatibility and sensitivity to the 'immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. There are no exterior changes proposed with this major amendment to Special Development District No. 6. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity, The proposed use is to convert existing substandard accommodation units into Type lll employee housing units. The underlying zoning of the property is public Accommodation. Type lll employee housing units are a conditional use in this zone district. The applicant is proposing to eliminate 76 accommodation units. 54 of these units will be converted to Type lll employee housing units. However, The use has been discussed in Section Vl of this memorandum. c. Gompliance with parking and loading requirements as ouflined in Tifle 12, Chapter 10, ofthe Town Code. Based on a site analysis, there are curenily 82 parking spaces for this phase of the building. chapter 12-10 ot the Town code requires 75.6 parking spaces for the employee housing units. In addition, Craig's Market requires 3.2 spaces. The total number of parking spaces required is 80 spaces. As proposed, the project meets the parking requirement. D. Gonformity with the appticable elements of the Vail comprehensive plan, Town policies and Urban Design plan. Conformance with the Vail Land Use Plan and Vail Village Master Plan has been discussed in Section Vl of this memorandum. Because there are no exterior modifications proposed with this application, the Urban Design plan is not applicable. E. ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. vl. According to the Town of Vail's Official Hazard Maps, there are no natural or geologic hazards present on the subject property. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The existing approved site plan for the special development district would not be altered with this request. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. There is no change proposed to the existing approved circulation system for Special Development District No. 6. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. There is no change proposed to the existing landscape/open space plan for Special Development District No. 6. I' Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. This criterion is not applicable to this proposal. REQUIRED CRITERIA AND FINDINGS . CONDITIONAL USE PERMIT A. CONSIDERATION OF FACTORS: '1. Relationship and imoact of the use on the development obiectives of the Town. Vail Land Use Plan The Vail Land Use Plan identifies the subject property as part of the Vail Village Master Plan. However, the Vail Land Use Plan identifies goals and objectives which staff believes to be applicable to this proposal. Staff believes this proposal would impact the following goals and policies identified in the Vail Land Use Plan: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses fo serue both the visitor and the permanent resident. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). Staff Response Staff believes the proposed amendment would facilitate the location of employee housing units within the Town of Vail (a high Council priority) at an existing infill 10 location. Staff believes affordable emp,loyee housing is essential for the provision of services that both residents and visitors expect. However, staff does not believe that this is an acceptable long-term use for this property. Staff believes that until the following goals of the Vail Land Use Plan outweigh the goals for the provision of employee housing at this location: 3.1 The hotel bed base should be preserued and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serue the future needs of the destination skiers. 3.3 Hotels are impoftant to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial grovvth should be concentrated in existing commercial areas fo accommodate both local and visitor needs. Staff Response Although the conversion of any accommodation unit within Vail's core areas should be highly discouraged, staff believes the subject property may be an appropriate location for employee housing for a temporary and defined time period. The applicant has an approval in place to redevelop the property. However, construction has been temporarily postponed due to a lawsuit which has subsequently been resolved allowing the developer to move forward with the approved plans. The conversion of these accommodation units to Type lll employee housing units will allow the property owner to use the property, to the benefit of the owner and the Town, until construction can commence. 5.1 Additional residential growth should continue to occur primarily in existing, plafted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private effotts, assrsled by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential grovvth should keep pace with market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Staff Response staff believes this proposal furthers the above-listed goals by providing additional opportunities for locals/employee housing within the town limits at an existing infill location. 6.1 Seryrbes should keep pace with increased grovtth. 11 Staff Response Staff believes the provision of employee housing is vital if Vail is to provide services consistent with the demand created by residents and visitors. Vail Village Master Plan The Vail Village Master Plan designates this property as "Medium/High Density Residential" and Mixed Use." According to the Vail Village Master Plan: Medium/High Density Residential: The overyvhelming majority of the Village's lodge rooms and condominium units are located in this land use category. lt is a goal of this Plan to maintain these areas as predominantly lodging oriented with retail development limited to small amounts of "arcessory retail". Mixed Use: This category ineludes the "historic" Village core and properties near the pedestrianized sfreels of the Village. Lodging, retail, and a limited amount of office use are found in this category. With nearly 270,000 sq. ft. of retail space and approximately 320 residential units, the mixed use eharacter of these areas Ls a major factor in the appeal of Vail Village. The Vail Village Master Plan identifies the following goals and objectives which staff believes are applicable to this proposal: Goal: To foster a strong touist industry and promote year-around economic health and viability for the Village and for the community as a whole. Objective: lncrease the number of residential units available for shoft term overnight accommodations. Policy: The development of short term accommodation unifs rs strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short term ovemight rental. Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities as parl of any redevelopment of lodging properties. Staff Response Because this request is temporary in nature, staff believes that this proposal is not contrary to the goals and objectives of the Vail Village Master Plan. These accommodation units are currently substandard units and the staff believes thatthe use of these as employee housing is acceptable. The approved redevelopment of the Vail Village Inn is consistent with the above goals and objectives. Objective: Encourage the development of affordable housing units through the efforls of the private sector. 12 3. Policy: Employee housing units may be required as paft of any new of redevelopment project requesting density over that allowed by existing zoning. Policy: Employee housing shall be developed with appropriate restictions so as fo insure their availability and affordability to the local work force. Policy: The Town of Vail may facilitate in the development of affordable housing by providing limited assislance. Staff Response Staff believes that the utilization of the existing accommodation units as Type lll employee housing units, even as a temporary use, will further the above-listed objective to encourage the development of affordable housing units. The effect of the use on liqht and air. distribution of population. transportation facilities, utilities. schools, parks and recreation facilities, and other public facilities needs. As this request is temporary in nature, staff does not believe that there will be a permanent effect on the above-listed items. However, the change in use from accommodation units to employee housing units will significantly change the character of the property. Effect upon traffic with oarticular reference to conqestion. automotive andpedestrian safetv and convenience. traffic flow and control, access, maneuverabilitv. and removal of snow from the street and parkinq areas. Traffic Flow - According to ITE calculations, we should anticipate a 388% decrease in traffic generation based on the proposed uses based on the 2001 approval for employee housing units. With only 26 employee housing units instead of 56 units this impact will be even less. Additionally, staff anticipates a high percentage of pedestrian trips as opposed to vehicular trips. Staff believes this proposal would have a positive impact on traffic flow in the area. Parking - Based on a site analysis, there are currently 82 parking spaces for this phase of the building. Chapter 12-10 of the Town Code requires 75.6 parking spaces for the employee housing units. In addition, Craig's Market requires 3.7 spaces. The total number of parking spaces required is 80 spaces. As proposed, the project meets the parking requirement. Effect upon the character of the area in which the proposed use is to be located.initu uses. The applicant is not proposing any changes to the bulk, mass or location of the existing building. The adjacent uses include the existing Vail Village Inn plaza, including commercial, lodging, and residential uses; 9 Vail Road, multiple-family residential dwellings; and the Vail Gateway, commercial and residential uses. Staff believes that given the mixed-use and residential character of the neighborhood, the proposed use of employee housing is acceptable. However, staff believes that this use should be limited to one vear. 4. 13 B. FINDINGS The Planninq and Environmental Commission shall make the followinq findinqs before oranting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. 14 Attachment 1 Map of Buildings Vail Village Inn 0.03 0 0.03 0.06 Mites -l N'#' S 15 t Joccph Vcinotcin ?8 Jqrcc Qoad Plainvicr, Ncv Yort 11803 v i'{t'- u;", *+ d, vq e,A,w "l4Yf::TA^^ "J n",l fu* (q,n**o*^wt,$tgi r t a-*L , fi' 'l Y,,,.YW v^ vtHPW,6P"t^", u^u^'f 'o/' uje \,,^o*4 an^r*d { ,r*vau' ,Ttri+ ,4ffi- mNY:hii^,YtT; u,oh fol ,\*r{L- ld"k?v*^d, w &a, e!/^ Ll,,,w,tl- "4 & w wui'tw U"dn' 'Lf tu, *lu Vilosl' L4 k \x( Wa'.t Jd Y 6v\ /1kfi4- VWI w( W :/u4t-;tL ,,ffd r" ,r^-L Vo^l ,]J]ry ffi, L)i"*7"a f,t-v*,t"r*"{ h d'^4t;r-,ufu ,,- -,J*' T;^f 'y) " uxV -P-,t nJ j",r)' n 6rp n * ut,,rt,'$\-d utu w{' UJq o",LI_ nnf{-, IM^,M, a62ae! td a f.u-Pta Mdr't7 lmaaasu, ,4 WW a SYLVAN M. TtrBIN 1O1 CHESWOLD LANE, UNIT 5D HAVEFFOFTO, PA 19041 May 1,2002 Town of Vail Planning and Environment Commission Municipal Building Vail, CO 81657 Centlemen, - I am responding to a request for a major amendment to SpecialDevelopment District No. 6, Vail Village Inn, to allow for the continued conversion of accommodation units into employee housing units and a request for a conditional use permit, to allow for Type IIt- _eltployee housing units located at the Vail Village krn, 100 Easi Meadow Drive, Lots M, N, and O, Block 5D, Vail Viliage I't Filing. I am definitely opposed to this and cannot understand how you can permit this beyond April 30, 2002 without contactiag all currentresidents. My wife and I heartily object to this filing. Very truly yours, 4 m^u4s n gr/*"J"e; .-/ /pd cc: JosefStaufer - e'3 ) k*'*'^^-u l-"p cen €*.-^ br-- fl(l*4/J /0.^Z*Y re ce', t€ L rtl u d-' y' Lr_ --'Co-. 4 Tr- .,/ *, A r;Z- - C*,-a ,/ ^/6_L_-- // Attachments Attachment A: Proposed and Existing Zoning/Proximi$ Map Aftachment B: TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department June 10,2002 A request for a major amendment to Special Development District No. 6 to continue to allow the conversion of accommodation units into employee housing units and a request for a conditional use permit, to allow for Type lll employee housing units to be located at the Vail Village Inn, 100 East Meadow Drive/Lots M, N and O, Block 5D, Vail Village 1"'Filing. Applicant: Daymer CorporationPlanner: Russell Forrest BACKGROUND AND DESGRIPTION OF THE REQUEST Daymer Corporation, is requesting a major amendment to Special Development District No. 6, to allow for the conversion of accommodation units into employee housing units, and a conditional use permit to allow Type lll employee housing units at the Vail Village Inn. This is a temporary request to allow the applicant to utilize the property for employee housing until construction can begin on the redevelopment of the pfoperty which was approved in 2000. The approval for development plans approved in 2000 becomes null and void on May 1, 2003. The property is zoned Special Development District No. 6, with an underlying zoning of Public Accommodation. According to Chapter 12-9A, a major amendment to a special development district is defined as: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposat to change uses; rncrease gross resrdential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendmenfs" as defined in this Section), except as provided under Sections 12-1*4, "lnteior Conversions", or 12-15-5, 'Gross Residential Floor Area (250 Ordinance)" of this Title. The elimination of accommodation units is considered a major amendment by this definition. In addition, Type lll employee housing units are a conditional use in the Public Accommodation zone district. The applicant has requested a major amendment to Special Development District No. 6 and a conditional use permit for Type lll employee housing units. The applicant is proposing no e)derior modifications. Proiect Historv The following is a summary of the existing phases and development with the Vail Village Inn Special Development District: Phase I - This phase consists of the buildings located at the southeast corner of the District. Phase I includes one residential dwelling unit approximately 3,927 square feet in size and nine commercial/retail spaces. Phase ll - This phase consists of three residential dwelling units totaling approximately 3,492 square feet in size and three commercial/retail spaces. Phase ll is generally located in the center of the District. Phase lll - This Phase consists of twenty-nine residential dwelling units totaling approximately 44,830 square feet in size and six commercial/retail spaces. Phase lll is located at the northeast corner of the District. Phase lV - This is the original and oldest Phase in the District. This Phase consists of one residential dwelling unit approximately 5,000 square feet in size and seventy-two accommodation units comprising approximately 16,585 square feet of floor area. Phase lV is generally located in the northwest corner of the District. Phase V - This Phase consists of eleven residential dwelling units and three accommodation units totaling approximately 9,972 square feet of floor area and four commercial/retail spaces. Phase V is located in the southwest corner of the District at the intersection of Vail Road and East Meadow Drive. When originally considering deviations from the underlying zoning in 1976, the Town Council found that such deviations were acceptable, as the community was to realize a substantial increase in the hotel bed base. An increase in short-term accommodations has been a long-standing objective of our resort community. In 2000, a major amendment to Special Development District No. 6 was approved to allow for the redevelopment of the Vail Village Inn. The executive summary of this approval is attached for reference. On September 4h, 2001 a revised development plan was approved for SDD No. 6 (Ordinance No. 21, Series of 2001) which clearly stated that the approval for that development plan becomes null and void on May 1, 2003 if construction does not commence before that date. On December 4th, 2001 an amendment to SDD No. 6 was approved that allowed for the conversion of 56 accomadation units into Type lll Employee Housing Units. In addition, a conditional use permit was approved by the Planning and Environmental Commission for the Type lll Employee Housing units on November 12,2001 . That conditional use permit to allow for the 56 EHUs and the amendment to SDD 6, i.e Ordinance No. 32, Series of 2001, expired on June 1,2002. II. REVIEWING BOARD ROLES A. Major Amendment to a Special Development District Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Planninq and Environmental Commission: Action: The PEC is advisory to the Town Council. The PEC shall review the proposal for and make a recommendation to the Town Council on the following: r Permitted, accessory, and conditional uses. Recommendation on development standards including, lot area, site dimensions, setbacks, height, density control, site coverages, landscaping and parking. Evaluation of design criteria as follows (as applicable): A. 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. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural and/or Geologic Hazard: ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. F. 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. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. l. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Desiqn Review Board: Action: The DRB has NO review authority on a SDD proposal, but must review any accompanying DRB application The DRB review of an SDD prior to Town Council approval is purely advisory in nature. o Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Action: The Town Council is responsible for final approval/denial of an SDD. The Town Council shall review the proposal for the following: . Permitted, accessory, and conditional uses. Approval of development standards including, lot area, site dintensions, setbacks, height, density control, site coverage, landscaping and parking. Evaluation of design criteria as follows (as applicable): A. 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. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural and/or Geologic Hazard: ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. F. 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. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. B. l. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Conditional Use Permit Planninq and Environmental Commission: Action: The PEC is responsible for final approvalidenial of CUP. The PEC is responsible for evaluating a proposal for: 1. Relationship and impact of the use the Town. on development objectives of 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. Conformance with development standards of zone district . Lot arear Setbacks. Building Height. Densityr GRFA. Site coverage. Landscape arear Parking and loading. Mitigation of development impacts Desiqn Review Board: Action: The DRB has NO review authoriiy on a CUP, but must review any accompanying DRB application. The DRB is responsible for evaluating the DRB proposal for: . Architectural compatibility with other structures, the land and surrounorngs : .",i?flHiil?;i:'l1l;'i;i?raoing or a site which respects rhe topography. Removal/Preservation of trees and native vegetation. Adequate provision for snow storage on-site : i:::lE:iiil}":i1i1i'#*:1?JTi:::':"",hanss, and other building forms. Provision of landscape and drainage. Provision of fencing, walls, and accessory structureso Circulation and access to a site including parking, and site distancesr Location and design of satellite dishes: il"Jl"i:[::?T:il 'ght'g Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the reguired criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Since no interior or exterior physical changes are proposed as the result of this application, specific development plans, traffic analysis, and an EIR were not required by the Administrator. III. STAFF RECOMMENDATION A. MAJOR AMENDMENT TO THE SPECIAL DEVELOPMENT DISTRIGT A site visit was conducted on the property on May 8'n, 2002 with the property manager, Community Development, and the Fire Department. At that time significant life safety issues were found with building # 5 which can not be corrected without significant reconstruction of the building. Specifically, a large cavity in between the units in the building that has numerous fire wall penetrations into units was found. As the result of that site visit, the Fire Department is ordering that this building # 5 be vacated (See attachment B). However, building # 4 was found to only have minor maintenance issues which could easily be remedied to continue to allow occupancy. The Department of Community Development recommends the Planning and Environmental Commission recommends approval of the applicant's request for a recommendation to the Vail Town Council regarding a major amendment to Special Development District #6, to allow for the elimination of accommodation units and the addition of Type lll employee housing units, subject to the following finding: o That the proposed major amendment to Special Development District No. 6, Vail Village Inn, complies with the nine design criteria outlined in Section 12-9A-8 of the Town of Vail Municipal Code. The applicant, as required, has demonstrated to the satisfaction of the Commission that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided or has demonstrated that one or more of the development standards is not applicable, or that a practical solution consrsfenf with the public interest has been achieved. Should the Planning & Environmental Commission choose to recommend approval of the requested major amendment, staff would recommend that the approval carry with it the following conditions: That only building # 4 (26 units) be used for conversion to employee housing units. That the approval of this major amendment to Special Development District No. 6 shall not supercede any previous approvals for this special development district. That the Fire Marshal completes an inspection of building 4 prior to second reading of an ordinance amending SDD # 6 to ensure compliance with all applicable fire codes and safety provisions. Specifically annual maintenance is required with the fire suppression and alarm system. B. CONDITIONAL USE PERMIT The Community Development Department recommends approval of the applicant's request for a conditional use permit to allow for Type lll employee housing units located at the Vail Village Inn, 100 E. Meadow Dr. / Lots M, N, and O, Block 5D, VailVillage 1't Filing, based on the following findings: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. lf the Planning and Environmental commission chooses to approve this requesr, staff recommends the following conditions be placed on the approval: 1. 2. J. 1. That the conditional use permit to allow for Type lll employee housing units shall expire on May 1, 2003. 2. That the applicant enters into a written agreement with the Town of Vail in a form approved by the Town Attorney stating that these units shall be used for employee housing until such date that the conditional use permit expires. 3. That only the 26 units in building # 4 be used for employee housing. IV. ZONING / DEVELOPMENT STATISTICS Lot size: 3.45 acres or 15O,282 sq. ft. (All Phases) Development Standard Lot Area: GRFA: Dwelling units per acre: Employee Units Site coverage: Setbacks: front: sides: rear: Parking: Commercial sq. footage: 65% or 97,683 sq. ft. 20' 20' 20' per T.O.V. Code Section 10% of allowable GRFA 610/o ot 92,036 sq. ft. 16' 5"2"&o', 291 parking spaces 2001 SDD Major. Major Arnend. no cnange no cnange 12.75 dulacre 56/26 are habitable no cnange no change no change no change no cnange Public Accommodation 2000 SDD MajorZoning Amendment Approval 10,000 sq.ft min. 150,282 sq. ft. up to 150% or 225,423 sq. ft. 121% ot 181 ,71 9 sq. ft. 25 dulacre 13.0 du/acre (AU/FFU/EHU unlimited) unlimited 2 25% ofGRFA or45,228 sq. ft. no change or 22,542 sq. ft. V. REVIEW GRITERIA FOR A MAJOR AMENDMENT TO SDD NO. 6 Title12, Chapter 9 of the Town Code provides for the establishment of Special Developrnent Districts in the Town of Vail. According to Section 12-94-1 , the purpose of a Special Development District is: To encourage fiexibility and creativity in the development of land, in order to promote its mosf appropriate use; fo improve the design character and guality of the new development within the Town; to facilitate the adequate and economical provision of slreefs and utilities; to preserve the natural and scenic features of open space areas; and to fufther the overall goals of the community as sfated ln the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the propefties underlying zone district, B. shall establish the requirements for guiding development and uses of property included in the Special Development District. The Town Code provides nine desrgn citeria, which shall be used as fhe principal criteria in evaluating the merits of the proposed Special Development District. lt shall be the burden of the applicant to demonstrate that submittat 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 consislenf with the public interest has been achieved. The elimination of the existing accommodation units at the Vail Village Inn is considered a major amendment to special Development District No. 6. As such, it is subject to the following review criteria: A.Design compatibitity and sensitivity to the immediate environment, properties relative to architectural design,neighborhood and adjacent scale, bulk, building height, buffer zones, identi$r, character, visual integrity and orientation. There are no exterior changes proposed with this major amendment to Special Development District No. 6. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed use is to convert existing substandard accommodation units into Type lll employee housing units. The underlying zoning of the property is Public Accommodation. Type lll employee housing units are a conditional use in this zone district. The applicant is proposing to eliminate 76 accommodation units. 54 of these units will be converted to Type lll employee housing units. However, The use has been discussed in Section Vl of this memorandum. Gompliance with parking and loading requirements as outlined in Tifle 12, Chapter 10,'of the Town Gode. Based on a site analysis, there are currently 82 parking spaces for this phase of the building. Chapter 12-10 of the Town Code requires 75.6 parking spaces for the employee housing units. In addition, Craig's Market requires 3.7 spaces" The total number of parking spaces required is 80 spaces. As proposed, the projed meets the parking reguirement. Conformity with the applicable elements of the Vail Comprehensive plan, Town policies and Urban Design Plan. conformance with the Vail Land use Plan and Vail Village Master plan has been discussed in section Vl of this memorandum. Because there are no exterior modifications proposed with this application, the Urban Design Plan is not applicable. ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. c. D. E. vt. According to the Town of Vail's Official Hazard Maps, there are no natural or geologic hazards present on the subject property. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The existing approved site plan for the special development district would not be altered with this request. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. There is no change proposed to the existing approved circulation system for Special Development District No. 6. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. There is no change proposed to the existing landscape/open space plan for Special Development District No. 6. L Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. This criterion is not applicable to this proposal. REQUIRED CRITERIA AND FINDINGS - CONDITIONAL USE PERMIT A. CONSIDERATION OF FACTORS: 1. Relationship and impact of the use on the development obiectives of the Town. Vail Land Use Plan The Vail Land Use Plan identifies the subject property as part of the Vail Village Master Plan. However, the Vail Land Use Plan identifies goals and objectives which staff believes to be applicable to this proposal. Staff believes this proposal would impact the following goals and policies identified in the Vail Land Use Plan: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses fo serue both the visitor and the permanent resident. 1.12 Vail should accommodate most of the additional grovvth in existing developed areas (infill areas]. Staff Response Staff believes the proposed amendment would facilitate the location of employee housing units within the Town of Vail (a high Council priority) at an existing infill 10 location. Staff believes affordable employee housing is essential for the provision of services that both residents and visitors expect. However. staff does not believe that this is an acceptable long-term use for this property. Staff believes that until the following goals of the Vail Land Use Plan outweigh the goals for the provision of employee housing at this location: 3.1 The hatel bed base should be preserued 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 impoftant to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial grovvth should be concentrated in existing commercial areas to accommodate both local and visitor needs. Staff Response Although the conversion of any accommodation unit within Vail's core areas should be highly discouraged, staff believes the subject property may be an appropriate location for employee housing for a temporary and defined timeperiod. The applicant has an approval in place to redevelop the property. However, construction has been temporarily postponed due to a lawsuit which has subsequently been resolved allowing the developer to move fonivard with the approved plans. The conversion of these accommodation units to Type lll employee housing units will allow the property owner to use the property, to the benefit of the owner and the Town, until construction can commence. 5.1 Additional residential growth should continue to occur primarily in existing, plafted areas and as appropiate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisfed by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with market place demands for a full range of housing types. 5.5 The existing employee housing base shou/d be preserved and upgraded. Additional employee housing needs should be accommodated at vaied sites throughout the community. Staff Response Staff believes this proposal furthers the aboveiisted goals by providing additional opportunities for locals/employee housing within the town limits at an existing infill location. 6.1 Serylces should keep pace with increased growth. 11 Staff Response Staff believes the provlsion of employee housing is vital if Vail is to provide services consistent with the demand created by residents and visitors. Vail Village Master Plan The Vail Village Master Plan designates this property as "Medium/High Density Residential" and Mixed Use." According to the Vail Village Master Plan: Medium/lligh Density Residential: The overwhelming majority of the Village's lodge rooms and condominium units are located in this land use category. lt is a goal of this Plan to maintain fhese areas as predominantly lodging oriented with retail development limited to small amaunts af "accessory retail". Mixed Use: This category includes the "histoic" Village core and properties near the pedestrianized slreefs of the Village. Lodging, retail, and a limited amount of office use are found in this category. With nearly 270,000 sq. ft. of retail space and approximately 320 residential units, the mixed use character of these areas is a major factor in the appeal of Vail Village. The Vail Village Master Plan identifies the following goals and objectives which staff believes are applicable to this proposal: Goal: To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. Objective: lncrease the number of residential units available for short term ovemig ht accom mod ation s. Policy: The development of short term accommodation unifs rs strongly encouraged. Residential units that are developed above existing density levels are required to be deslgned or managed in a manner that makes them available for short term overnight rental. Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities as part of any redevelopment of lodging propefties. Staff Response Because this request is temporary in nature, staff believes that this proposal is not contrary to the goals and objectives of the Vail Village Master Plan. These accommodation units are currently substandard units and the staff believes that ,the use of these as employee housing is acceptable. The approved redevelopment of the Vail Village lnn is consistent with the above goals and objectives. Objective: Encourage the development of affordable housing units through the efforts of the private sector. 12 2. Policy: Employee housing units may be required as part of any new of redevelopment project requesting density over that allowed by existing zoning. Policy: Employee housing shall be developed with appropriate restrictions so as fo insure their availability and affordability to the local work force. Policy: The Town of Vail may facilitate in the development of affordable housing by providing limited asslsfance. Staff Response Staff believes that the utilization of the existing accommodation units as Type lll employee housing units, even as a temporary use, will further the above-listed objective to encourage the development of affordable housing units. The effect of the use on liqht and air. distribution of oopulation, transportation facilities. utilities. schools, parks and recreation facilities, and other public facilities needs. As this request is temporary in nature, staff does not believe that there will be a permanent effect on the above-listed items. However, the change in use from accommodation units to employee housing units will significantly change the character of the property. :Effect upon traffic with particular reference to conqestion, automotive and pedestrian safetv and convenienqe, traffic flow and control. access, maneuverabilitv. and removal of snow frofn the street and parkinq areas. Traffic Flow - According to ITE calculations, we should anticipate a 388% decrease in traffic generation based on the proposed uses based on the 2001 approval for employee housing units. With only 26 employee housing units instead of 56 units this impact will be even less. Additionally, staff anticipates a high percentage of pedestrian trips as opposed to vehicular trips. Staff believes this proposal would have a positive impact on traffic flow in the area. Parking - Based on a sile analysis, there are currently 82 parking spaces for this phase of the building. Chapter 12-1O o'f the Town Code requires 75.6 parking spaces for the employee housing units. In addition, Craig's Market requires 3.7 spaces. The total number of parking spaces required is 80 spaces. As proposed, the project meets the parking requirement. Effect upon the character of the area in which the proposed use is to be located, includinq the scale and bulk of the proposed use in relation to surroundinq uses. The applicant is not proposing any changes to the bulk, mass or location of the existing building. The adjacent uses include the existing Vail Village Inn Plaza, including commercial, lodging, and residential uses; 9 Vail Road, multiple-family residential dwellings; and the Vail Gateway, commercial and residential uses. Staff believes that given the mixed-use and residential character of the neighborhood, the proposed use of employee housing is acceptable. However, staff believes that this use should be limited to one vear. 3. 4. 13 o B. FINDINGS The Planninq and Environmental Commission shall make the followinq findinqs before qrantinq a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. 14 Attachment 1 Map of Buildings Vail Village Inn 0.03 0 0.03 0.06 Miles N,#, S 15 s tVrsc.+\ @t, /tvv sJ. 6>l Ar,-P _ryrl PL*E;7LA*tti, t A' A-!5. 3eft6 Sl6-fr I P'71**o'P,j *'h#F4 E o'* t /n'*el/ ry/ xt.Properties- c/o DrYerFdmonds & Associates 355 Grand Avenue' # 4150 Los Angeles, CA 90071 /A/ri-"4*^ 4* Fz.! C,-,{t % .- t \yt/1n!s",-74* o'*$r I nL-iT-.*33 0 ( t4 t- ffip A*J /'y'^-l, & Y1F7 / limtamontn P.o. Box 73 Redclifi CO 81649 r Sfifer IVla.nagement Company 143 East MeadowDrive #360 Vail, Colorado 81657 Dr. JosphOpick Siara Nevada 265 Lomas de ChaPutaPec 11000 Mexico D.F. MEXICO ?/a't Oliver Ptopedies 2304 llarriet Lea Sioux Falls, SD 57103 Pat Prrish 8642 Gregory WaY Los Angeles, CA 90035 Lola Weiner 7000 E. QuincY Ave, # 301-A Denver, CO 80237 /2 I Thomas Wahrh 3800 W. 53rd St. Sioux Falls, SD 57106 Vnterra Corporation' c/o Elecom Supply 3646 Mdway Drive San Diegq CA 92110 Gregorio Geifnan Plaza cle la Reforma2233-F602 11020 Mstico D. F. ME)ilCO Tom and Jill Darratt DarrahFmiyLLC 809 Panaama Circle Longmont, CO 80501 J€rvis l,,Iatin Ivy Cottagq Exhal Alchester, 849 6EA England UK Deao Gosper lg TheRidge Canterburg VictotiaS126 Australia Jacqueline R Knepshield 6201 Elmwood Chevy Chase, MD 20815 Q ra-c /""9 ^rf - Jan & Gary Scheimer 2340 Oak ltrlls Dr. Colorado Springs, CO 80919 Jose Alvarez Moliere 59-10 Meico 5 D..F. tvIE)fiCO Aanette L. Mackie 100 Lamed Rd. Surnmit NI07901 Daniel Abounrad/VPP #15 CmP 5100 San-Fetipe 193 Houston. TX 77056 William W. McCutchen I. 12 Sandpiper Rd. Westport, CT 06880 Scoff Savage SJS Inveshent Consulting 67ll Mmroe St. Build tV, #A Sylvania, OH 43 560-9806 *,)/ GlenE. Wood 9 Vail Rd. # 16 Vail, CO 81657 Scott D. Bradshaw 4130 La Jolla Village Dr. PMB # 107-125 La Jola, CA92037 James T. & Jane R. Watson 6999 S. Bemis St. Littletcn, CO 80120 Richard A. & Gwendolyn G. Scalpello PO Box 1003 Fiavertown, PA 19083 Iim &DorothyMcltuight 203 Couqtry Club Drive Sterling CO 80751 Al Butts 4532 Dorset Ave. Chevy Chase, MD 20815 David William llanna c/o Himna Capital lv{anagenoent 620 Neupcrt Canter h. Ste. 500 Newport Beach, CA92660 [,eo Palnos Palmos Development Corp. 2'775 kis Ave Boulder, CO 80304 Mr. James R Johnson C/o Russell.Standard P.O. Box 479 Bridgeville, PA 15017 CharlesR& lmgrudLipcoa 430 N Marshta Dr Key Biscayne, FL 33f49 Stephen Lewis Jobn Breyo l8 Summerfield In Saratoga Springs, NY 12866 White River Aquisition Corp Mr. Manuel Mrtinez 905 Brickell Bay Dr. Ste 230 Miaml FL 33131 It"t^ 4W'e.'fissai rY';trtfh State Rd 't lt .k7 ,4{ 6C,f Iosf Staufer Staufer Commercial, LLC 100 East Meadow Drive # 3l Vail" CO 81657 Jetr Moellentine, President Alpine Sbrdad 28 S. Frontage Road Vail" CO 81657 Mr. Chuck Lipcon One Biscayne Tower Suite 2480 Miami, FL 33131 Thomas P. Walsh c/o Dakota King P.O. Bott 88836 Siqrx Falls, SD 57109-1005 San Jac Assosiates do Joc NamaihA.{amath 4915 Auhrn Avenue Bethesda MD20814 Edith Golfmd P.O. Box 389 Palm Beach, FL 33480 Crlos Real Petrn228 Col. Navarte C.P. 03020 Mexico D. F. ME)ilCO 1t / u*;l lj o-( DavidBruckmann C./o Mr. James Newman Helsing & Leach P.O. Box 2767 Mobile, AL 36652 /dtt € /te44'A'"* Mr. and lvfrs. Claus Fricke P.O> Bcx 1557 Eagle Vail Co 81631 k E I .y t N&. & Ivfr$ RidudLeibhaber P.O. Box 8210 Mcl"em, VA2210&8210 Mr. & lvts. Jeffscboeowetto 5232 Ri&woodDrive Edina MN 55436 Ivfr. & Mrs, Oliver Kwney 7565 Spm.i$ Bay Las Veges,liIV 89113 Mr. &Mr* Johnldomes P. O. Box 728 Del Mr, CA920l4'0728 Mr. & lvtg Mictrael Zaemba 6200 Plynouth Cowt Downers Grove IL 60516 fffi /0, g l*e4 o,'J et( Mr. & lvlrs Paul L€seur P. O. Box SB90 Srmmcset Bridgg SBBX Bermuda Itr. & i\&s" Hubert Wapa 405 Bmtma Avenue Ft, Larderdale. FL 3$0lJ4l9 Mr. &IAs. JdnGahiel P.O. Box 268 Paramus, NJ 07653 0 Pablo Bustamante Priv. Sanlsidro #44 Col. Reforma Social Del Miguel Hidalgo 11650, Mexico, D.F. Mr. Alfredo Chudraui Privada DE Antonio ChedrauiC sNn{ XalapaVeracruz ME)(ICO91180 Mr. Antonio delValle (7o Banco de Latemational 437 lv{adison Avenue New York NY 10022 Mr. and lv(rs. Franco Saraioga #2 LomasHiPodrcmo Mexico CitY, D.F. 53900 Mr. Mrs. MichaelP. Glinsky 3200 Cherry Creek South Drive Suite 230 Denver, CO 80209 lv1rs. Germaine llamon I1380 Long MeadowDrive West Palm Beach FL 33414 Mr. Robert Jones 268 Litchford Court St.Iouis, MO 63141 Mr. andMrs- LighthaU 5293 West Oberlin Drive Denvern CO 80235 ql**w /,o a rYra"oi'J 4*u Mr. Giuseppe Cecchi 1209 Aldebaran Drive Mcl-eaq VA 22101 Mr. and Mrs. Cordes 28 Trentino Road Turramurr4 NSW Ausbaiia 2074 Itft. and Mrs. Dillman I 83 I 6 lvtainsail poide Drive Comelius, NC 28031 *{ Mr. FloYd English 571 Millb'rook Drive iloot"rt Grove,IL 60516 , &/.,--n"0-- \.rt te, -f '.1,4 fi4876*zat '7n*-fr+Lojr .,n, lt 6 T+- lJy u IvIr. and Mrs. lvlarvin Frank 2430 North Orchard Chicago,IL 60614 Mr. Deanel{all 2000 East l2e Avenue Box 4 Denver, CO 80206 Mr. and ffis. William Johnson 375 Inca ParkwaY Boulder, CO 80303 German Larrea Baja CaliforniaN 200-6 ME)CCO 06760, D. F: Mr. KennethNordling 4603 Annaway Drive Edin+ MN 55436 i tl^ Diskin 45 E. New plso N'r|"* tT ,/*t &'r?car' 6n'.t tl.TX' Mr. & Mrs. Pedro Ramirez Q-3 Petunia St. Parque Santa Maria SanJuan, Puedo Rico 00927 Mr. Carlos Rojas 2 Retorno Siema,Itmbe 57 Mexico City ME)ilCO 11920 Mr- Raykffier 760 ViaLido North NewportBeac\ CAgZffi3 Mr. mdlvlrs' ScPlla t'f,ffiH"nf,il-'0" Ivft. strd lvlrs. Tobin 101Ches\ryoldLam unir # 5-D I{averfond, PA 19041 lvfr. Tomas 7-ar.agoza 5813 Diamoud Point El Paso, TX 79912 Mr. anilMrs' Wcin$ein ll,lil,ii,ll$ "*o' I w t I J & D Polzin 3654 E. Ellsrporth Denver, CO 802@ $ierra Managerent c/o I Vail Road Vail, C0 81657 Bruce Gillie Pinnacls li4msgs6rnt 9 VailRoad Vail, CO 81657 :' to _-? ?THIS ITEfd MAY AFFECT YoUR PRoPERTY I PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town ofVail will hold a public hearing in accordance with Section 12-3-6 ;f the Municipal Code of the 19ry ,ot Vail on-May 13,2002, at 2:00 p.M. in the Town of Vair lrifunicipar Buirding. Inconsideration of: A..request.for a major amendment to Special Development District No. 6, Vail Village Inn, toallow for the continued conversion of accommodation units into employee housing units and arequest for a conditional use permit, to allow for Type lll employee frousing units l6cated at theVail Village Inn, '100 East Meadow Drive/Lots M,t{ind o, Biocft 5D, Vaitrirr"g" i;Eii"g. ' ' - Applicant: Daymer CorporationPlanner: Russ Forrest A request for a variance from Section 114F.-128 (4) Vail Town Code, to allow for a secondBustness projecting sign, located at 100 East trleaobw Drive/Lot o, eiockaD, v;ilVilLl; i*tl- rltno. nppl-i."nt, Master GallervPlanner: Bill Gibson A request for a variance from Section 1148.-128 (4) Vail Town Code, to allow for a banner,located at 141 East Meadow Drive/Lot p, Brock so, vaitviilage i"r Firinl. Applicant: The Baggage ChequePtanner: George Ruther A request for a conditional use permit and an amendment to a development plan in the GeneralUse Zone District, to allow for an addition to the Town of Vail Public Worfs Sfrops, locatedat 12Bg Elkhorn Drive/Unplatted. Applicant: Town of Vail, represented by Victor Mark Donaldson ArchitecrsPlanner: Allison Ochs A request to rezone the Lodge at Lionshead includingTracts | & J, Block 1, Vail Lionshead 1stFiling from Agriculture open Space (AOS) to Lionshead Mixed Use -1 (LMU-1) and a request torezone 380 E. Lionshead circle/Lot 7, Block 1, Vail Lionshead 1st Filing and 360 East -Liorshead Circle/Lot 6, Block 1, Vail Lionshead 2nd Filing from High D6nsity Multiple Family(HDMF) and Medium Density Multipre Famiry (MDMF; to Lionsneai Mixed use -1 (LMU-1). Applicant: Lodge at Lionshead, represented by Jeff Bailey.Planner: Russ Forrest A request for a minor subdivision of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen .Lodge) and Lot F, Vail Village _second Filing (Medical Center); a requesl to rezone a portion ofLot 2, Block 1 , Vail Lionshead-second Filinj (Evergreen Lodge) from Speciat DevelopmentDistrict No. 14 to Lionshead Mixed Use 1; Jrequest to rezone a portion of Lot 2, Block 1, Vail fonsng{ second Filing (Evergreen Lodge) from speciar oevetopment pr"tri"t No. 14 toueneral use; a request to rezone a portion of Lot F, Vail Village Second Filing (Medical Center)from General Use to Lionshead Mixed Use 1; and a request to amend the study area defined inthe Llonshead Redevelopment Master Plan and setting forth details in regards ihereto, locatedat 250 s. Frontage Rd. west I Lotz, Block i, Vail Lion-sheao z.o Fiting ani-tot souttrFrontage Road West / Lots E and F, Vail Village Second Filing. n Applicant: Planner: ?r Evergieen Hotel and the Vail Valley Medical CEnter Allison Ochs A request for a joint worksession with the Design Review Board and Planning and Environmental Commission, to discuss a conditional use permit to allow for a private educational institution and a request for development plan review to construct employee housing within the Housing Zone District and setting forth details in regards thereto, located at the site known as'Mountain Bell"/an unplatted piece oi prope(y, located at 160 N. Frontage Rd./to be platted as Lot 1, Middle Creek subdivision. Applicant: Vail Local Housing Authority, represented by Odell Architects Planner: Allison Ochs A reouest for a recommendation to the Vail Town Council, of a text amendment to Title 12' Section 2-2, to amend the definition of "Fraction Fee Club" and to amend Title 12, Section 16- 7A-8, to amend the Use Specific Criteria & Standard, and setting forth details in regard thereto. Applicant: Rob Levine Planner: George Ruther The applications and information about the proposals are available for public inspection during regularoffice hours in the project planner's office, located at the Town of Vail Community Divelopment Department, 75 SoJth 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 479-2138 for information. Sign language interpretation available upon request with 24-hour notification. Please call 479- 2356, Telephone for the Hearing lmpaired, for information. Community Development Department Published April 26, 2002 in the Vail Daily. I 6t,i.:-.'}lt