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HomeMy WebLinkAboutPEC18-0019_pec approved plans_1538172201 (2).pdfPEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 1 Battle Mountain LLC/534 East Lionshead Circle Parking Structure Re-Development April 30, 2018 I. INTRODUCTION The purpose of this report is to provide information on Battle Mountain LLC’s proposed development of a residential condominium at 534 East Lionshead Circle. Information provided herein has been prepared in accordance with procedures prescribed by the Town of Vail development review process. The proposed development is located on a parcel of land (Lot 2A as depicted on the proposed Minor Subdivision), that for many decades included a portion of a two-level parking structure located along East Lionshead Circle. This parking structure will be removed in order to facilitate this redevelopment. The project includes three levels of underground parking, a six-level residential building and related site and landscape improvements. The adjoining property to the west (Lot 1A as depicted on the proposed Minor Subdivision), is pursuing a similar residential development. While separate projects, these two land owners have been coordinating their design and redevelopment efforts and two of the applications submitted herein pertain to both of these properties. Four development applications have been submitted: • Exterior Alteration application for the proposed condominium building and site improvements, • Minor Subdivision application to formalize the division of land for the subject parcel and two surrounding parcels, • Variance application for a rear setback variance, and • Amendment to the Town’s Parking Pay in Lieu map. Each of these applications are described in detail below. Information provided in this report is presented in the following sections: I. Introduction II. Project Overview and Background III. Description of Project IV. Conformance with Applicable Review Criteria 1. Exterior Alteration 2. Minor Subdivision 3. Variance Request 4. Amendment to Parking Pay in Lieu V. Appendix 1. Minor Subdivision PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 2 The Exterior Alteration and Variance applications have been submitted on behalf of Battle Mountain LLC (BMLLC). These applications pertain to proposed Lot 2A. Applications for a Minor Subdivision and Parking Pay in Lieu Map amendment have been submitted on behalf of both BMLLC and Lazier Lionshead LLC (Bob and Diane Lazier, herein referred to as Lazier), owners of the adjoining parcel. These applications pertain to proposed lots 1A and 2A. The project vicinity map below depicts the properties affected by these applications. A site plan of the BMLLC development is found on the following page. Project Vicinity Map PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 3 Illustrative site plan of proposed BMLLC/534 development PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 4 II. PROJECT OVERVIEW and BACKGROUND Background on Parking Structure and Division of Land The existing parking structure was developed in the early 1970’s and over the years has provided parking for the Lionshead Arcade, Vail 21, Lifthouse Lodge and other individuals. The structure is located on two parcels of land that were described and deeded in the 1970’s based on legal descriptions. These parcels were originally part of Lots 1, 2, 3 and Tract F, Block 1 of the Vail Lionshead Subdivision, but this division of land did not go through a formal subdivision process. The western 2/3rd of the parking structure is owned by Lazier and the eastern 1/3rd is owned by BMLLC . BMLLC and Lazier own equal interests in proposed Tract A, a common access parcel that provides access to both development parcels. The proposed Minor Subdivision will formalize the subdivision of the two development sites and the commonly owned access parcel. Redevelopment Coordination BMLLC and Lazier have been coordinating over the past year on the redevelopment of there respective parcels. This collaboration will result in the demolition of the top deck of the existing parking structure this spring. Subject to obtaining approvals from the Town, BMLLC intends to initiate construction of their redevelopment in the Spring of 2019. Lazier intents to submit development applications in the near future but has no definitive timeline for their redevelopment. The BMLLC and Lazier projects will share a common access drive off East Lionshead Circle. This access is proposed in the same location as the drive aisle that serves the existing parking structure. Both projects will include below grade parking and condominium buildings located above the parking. The parking level of the BMLLC project has been designed with a 0’ setback on the rear, or west side of the site which will allow for the Lazier project to build to the same 0’ setback line. Once constructed, each project will include outdoor spaces above the parking level. Zoning and Surrounding Land Use The Launch project is zoned Lionshead Mixed Use – 1 (LHMU1) and except for the 0’ rear setback (for the parking level only), has been designed in compliance with development standards prescribed by the LHMU1 zone district. The two development parcels (Lots 1A and 2A on the proposed minor subdivision) both comply with the minimum lot size as prescribed by LHMU1. The BMLLC property is bordered by LHMU1 zoned lands on the north, south and west sides. Each of these properties have been developed with residential or mixed-use projects. To the east is the Town of Vail Lionshead Parking Structure. PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 5 Site Area As per the Town Zoning Code, the definition of “lot or site” is: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. For the purposes of this development application, the “lot or site” for the BMLCC development includes both Lot 2A and Tract A. This results in a total site area of 13,677 square feet (10,367 square feet from Lot A1 and 3,310 square feet from Tract A). This means all development standards for the project are based on the total site area and boundary of both parcels. A letter from Lazier that authorizes BMLLC’s use of Tract A as part of its “lot or site” has been provided under separate cover. Note that an agreement between BMLLC and Lazier stipulates that BMLLC will limit its Gross Residential Floor Area (GRFA) to what is permitted based on the site area of Lot 2A. PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 6 III. DESCRIPTION OF PROJECT Four development applications have been submitted for this project: Exterior Alteration This review process is prescribed by the LHMU1 zone district and applies to any new development that among other things adds dwelling units or more than 1,000 square feet of floor area. The Exterior Alteration review process evaluates the project’s compliance with the purpose of the LHMU1 zone district and applicable development standards of the zone district, how the project complies with applicable elements of the Lionshead Redevelopment Master Plan and potential impacts of the project on the surrounding neighborhood. Minor Subdivision The subject properties were divided in the early 1970’s and have been under separate ownership since that time, but they were not formally subdivided. The Minor Subdivision has been proposed to formalize this division of land and is essentially a housekeeping item. The main considerations in evaluating a minor subdivision is to ensure that the parcels to be created meet minimum lot size standards, have access, will allow for orderly development and that the subdivision is in compliance with the Town’s development objectives. Rear Setback Variance As described above, coordination between BMLLC and Lazier has been ongoing for the past year. Upon completion these two projects will provide a unified design solution. They will, however, be developed on independent timelines. It is expected that BMLLC will be the first to move forward. The uppermost level of the parking facility is located at the grade with the common access drive. The western end of this level is proposed at the project property line, or with a 0’ side setback. This has been done to allow the design of Lazier’s top parking level to be located at its easterly property line, or with a 0’ side setback. The benefit of this approach is that it eliminates a 20’ separation between parking structures. The two abutting parking structures will allow for development of outdoor space on Lazier’s project that will link to outdoor space on the BMLLC site. A rear setback variance is necessary to allow for this solution. Amendment to Parking - Pay in Lieu Map The Town’s parking regulations establish Pay in Lieu Parking Zones that identify properties that are required to “pay in lieu” of providing on-site parking. Such properties are identified in Vail Village and Lionshead and in most cases include properties that do not have frontage on a public right of way (like the Lionshead Arcade) or are located along pedestrian streets (like the Wall Street Building in Vail Village) where vehicular traffic is undesirable. Even though they have direct PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 7 access on a public right-of-way, both the Launch and Lazier properties are mapped as pay in lieu properties. A code amendment is proposed to amend the Parking Pay in Lieu Map to remove these two properties from the designation. Below is a description of the main elements of the proposed project. The project’s conformance with applicable review criteria for each of the four development applications described above is found in Section IV. of this report. Development Program The development program for the project includes: Residential Condominiums Nine residential condominiums unit with a total of 23,800 square feet of GRFA are proposed. Employee Housing Units Three employee housing units (EHU’s) comprised of 2,810 square feet are proposed. This exceeds the Inclusionary Housing requirement by 430 square feet. Lobby and Common Areas 2,980 square feet of common area including lobby space, sitting room, fitness center, owner’s storage and ski lockers is proposed. Office space for building management and short-term rentals is also provided. Parking The existing structures and surface parking located on Lot A2 provides approximately 54 parking spaces. Proposed parking includes 29 spaces on each of three below-grade levels and 6 other interior spaces for a total of 93 on-site parking spaces. These spaces replace the 54 existing spaces, provide 17 spaces for the new development (9 condominiums and 3 EHU’s) and provide 22 additional parking spaces. This number is subject to change as the design of below grade parking is finalized. An automated parking system is proposed. This system allows for increased efficiency, particularly on a project with a relatively small building footprint. Users of the parking will enter the parking garage and if needed park in one of six short-term spaces to unload their vehicle (or check into their condominium), then move their vehicle into what is essentially an elevator. Users then exit their vehicle and signal the system to park the car. The automated system then lowers the car to one of the three parking levels where the car is moved via “trays” to an available parking space. The car is returned when the owner PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 8 signals the system to do so. While new to Vail, the anticipated system provider for this project has designed and installed 60,000 automated parking spaces in 13 countries. Site Design The building’s primary pedestrian orientation is to the east with an entry stairs and front door located along East Lionshead Circle. Landscaping along the road is proposed to define spaces and “soften” the building. Pedestrian access is also provided on the south side of the building. Vehicular access will be via the existing access corridor. This corridor will serve two purposes: • Provide vehicle access to the BMLLC project, to Lazier’s future project to the west and to the Lifthouse Lodge and a small surface parking lot adjacent to Vail 21, and • Improve the existing east/west pedestrian route between East Lionshead Circle and Lionshead. To enhance the pedestrian aspect of this corridor, landscaping on both sides of the drive and a decorative paving pattern to define a pedestrian walkway are proposed. The lobby or main level of the BMLLC project includes an outdoor space or terrace on the west side of the building. The uppermost parking/car entry level is one floor below this terrace level. Lazier’s project will have a similar outdoor space on the east side of its building. The BMLLC terrace is design such that when Lazier’s project is constructed, the terraces will “merge” the two projects and create a unified outdoor plaza space. PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 9 PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 10 Development Standards A summary of development standards as prescribed by the LHMU1 zone district and development standards proposed by this project are provided below. Gross Residential Floor Area LHMU1 allows for 250 square feet of GRFA for every 100 square feet of site area. The proposed site area of .314 acres would allow for 34,192 square feet of GRFA. An agreement with Lazier limits GRFA on Lot A2 to what is allowable based on the area of Lot A2, .238 acres or 25,917 square feet. 23,800 square feet of GRFA is proposed. Density LHMU1 allows 35 dwelling units per acre. The .314 acre site allows for 10.99 dwelling units. Nine dwelling units are proposed. Building Height Maximum allowable absolute height is 82.5’ and maximum average height is 71’. The proposed building has an absolute maximum height of 81.0 and average height of 70.8’. Setbacks Setbacks in LHMU1 are 10’ on all sides. Proposed setbacks are: • Front (along East Lionshead Circle) – 10’ • Side – 10’ on north, 36’ on south • Rear – 0’ (this variance is discussed further in Chapter 4-Comformance with Applicable Review Criteria) Site Coverage LHMU1 allows for 70% site coverage, or 10,941 square feet. Proposed site coverage is 7,400 square feet, or 54% Landscaping LHMU1 requires 20% of a site to be landscaped, or 2,735 square feet. Proposed landscape area is 2,780 square feet. Note that this landscape area is softscape area only, it does not reflect any decorative hardscape areas. Parking and Loading Proposed development requires 17 new spaces. 93 parking spaces are proposed. This will accommodate the new demand, replace existing parking and provide 20 additional parking spaces. There is no commercial development in the project and as such loading needs will be very minimal, limited to move in/move out of the residential units. The PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 11 loading facility at the Arrabelle was over-sized to provide loading for adjacent properties. If needed, the Arrabelle facility could be utilized. Diagrams depicting building height, site coverage, setbacks and landscaping are found in the project plan set that has been provided under separate cover. Employee Housing Section 12-24-2 Employee Housing Requirements establishes a mitigation rate of 10% of the total new GRFA proposed by a project. 23,800 square feet of GRFA are proposed, resulting in an inclusionary employee housing requirement of 2,380 square feet. The code requires that a minimum of 50% of this requirement be provided on-site. Employee Housing Mitigation Plan Three on-site EHU’s totaling 2,810 square feet are proposed. This mitigation will provide 100% of required housing on-site and will exceed code requirements by 430 square feet. Parking – Pay in Lieu Parking Map The purpose of this provision in the parking section of the zoning code is for properties that do not have access to a public street or are located where the Town does not want to generate traffic to pay into a fund for any new parking demand in lieu of providing parking on-site. For unknown reasons, the parcels on which the parking structure is located are included on the Pay in Lieu Parking Map, meaning that by code on-site parking is not permitted. For the following reasons, it is assumed that this mapping was done in error: • The subject properties have legal access to East Lionshead Circle, • Vehicle access to the site does not directly interfere with established pedestrian corridors, • Parking was in place on the subject parcels when the map was prepared, and • The Lionshead Redevelopment Master Plan suggests that with the redevelopment of the subject properties that on-site parking be retained, and a ground rule of the master planning process was that there be no net loss of existing parking in Lionshead. The proposed amendment would remove the subject properties from the Parking Pay in Lieu Parking Map and would allow the properties to provide parking on-site. The properties proposed to be removed include Lot 1A, Lot 2A and Tract K as depicted on the proposed Minor Subdivision. A map of the proposed amendment is found on the following page. PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 12 PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 13 IV. CONFORMANCE WITH APPLICABLE REVIEW CRITERIA Below is a summary of how the proposed project conforms to applicable review criteria for each of the four development applications. EXTERIOR ALTERATION It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is: 1. In compliance with the purposes of the Lionshead mixed use 1 district, Response The purpose of the LHMU1 district is: The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. The proposed project is the initial phase of redevelopment of a distressed property that is identified by the Lionshead Redevelopment Master Plan (the Plan) as a priority for redevelopment. The project is very much consistent with the purpose of the LHMU1 zone district. 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan, and Response The Lionshead Redevelopment Master Plan (LRMP) is an extensive and detailed planning document. Below are highlights of how the proposed project is consistent with main elements of the Plan from Chapter 2 – Policy Objectives, Chapter 4 – Overall Study Area Recommendations, Chapter 5 – Detailed Plan Recommendations and Chapter 6 – Site Design Guidelines. Chapter 2 – Policy Objectives Of the six broad policy objectives outlined in the Plan, three are applicable to this project: PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 14 2.3.1 Renewal and Redevelopment The project will replace a dilapidated above grade parking structure with below grade parking and a new residential building. 2.3.4 Improved Access and Circulation An outcome of this project is the removal of a vehicular access point on East Lionshead Circle and significant aesthetic enhancement to the east/west pedestrian corridor south of the proposed building. 2.3.5 Improved Infrastructure The project will restore parking that had been provided in the two-level parking structure. Chapter 4 – Overall Study Area Recommendations This chapter of the LRMP addresses broad level considerations that affect Lionshead as a whole. Examples of these include view corridors, Lionshead’s main “hubs”, connection with Gore Creek and the natural environment, connection with Vail Village, public transportation and other considerations. Most of these considerations are not directly relevant to the proposed development. This is likely due to two factors – the limited scope of the proposed redevelopment and the fact that the project is located outside of the Lionshead core area and major pedestrian streets. One relevant consideration is with respect to live beds. Consistent with the LRMP, the proposed project includes typical hotel facilities such as a lobby, sitting room and work out room. Project covenants will allow for short-term rentals of condominiums and an office to assist with rentals is provided in the lobby. Chapter 5 – Detailed Plan Recommendations Chapter 5 examines individual parcels and groups of parcels and identifies important functional relationships and objectives to be considered in redevelopments. Specific considerations from the LRMP relevant to this proposal include: 5.7.5 Lions Pride Building and Parking Deck The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both visually and physically), their redevelopment and compliance with the Master plan should be considered a priority. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 15 The proposed project addresses this objective. Landscaping and decorative pavers are proposed to create a more pleasing pedestrian walkway while also providing for vehicular use. The LRM specifically identifies this property as not being an appropriate site for retail, nor for a gateway, portal or other urban design features that may be appropriate elsewhere in Lionshead. Chapter 6 – Site Design Guidelines This chapter described detailed design elements will lend character and quality to the overall fabric of public spaces and to the desired hierarchy of pedestrian spaces. The proposed project is not located within the Primary Pedestrian Mall nor the Secondary Pedestrian Mall area. There are no Primary Pedestrian Streets adjacent to the site. As such, many elements of this chapter are not applicable to this site. The existing alley on the south side of the project is a Primary Pedestrian Walk. This corridor will include a decorative walking surface to define pedestrian flow. The height of some landscape walls will allow for seating. As suggested by the LRMP, trash and recycling facilities are located within the building. Chapter 8 – Architectural Design Guidelines Note – this chapter will be addressed in subsequent refinement to this project description. 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. Response Neighborhood character in terms of the built environment is established by the development standards prescribed by the LHMU1 zone district. These standards were created to implement the goals of the Lionshead Redevelopment Master Plan. The project has been designed to conform to these standards and as such the project will be consistent with the character of the neighborhood. The proposed project will not have significant negative effects on the character of the neighborhood. MINOR SUBDIVISION The following are review criteria for a minor subdivision, as outlined in Section 13-3-4, Commission Review of Application; Criteria and Necessary Findings, Vail Town Code: PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 16 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Response The proposed subdivision is consistent with applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town. By way of example, Goal 1.3 of the Vail Land Use Plan states “the quality of development should be maintained and upgraded whenever possible.” If approved, the proposed subdivision will facilitate the upgrading and redevelopment of this property. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, “Zoning Regulations," of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and Response The proposed subdivision is in compliance with the standards of Title 12, Zoning Regulations, Vail Town Code, and Title 13, Subdivision Regulations, Vail Town Code. Lots 2A and 2B are both consistent with minimum lot size as prescribed by the LHMU zone district. Track K, the common access parcel is necessary to provide access to East Lionshead Circle. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Response These parcels were established by legal descriptions and deed and have been in existence for many decades. This subdivision will formalize the status of these parcels and in doing so the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed subdivision will not negatively impact the existing relationship among surrounding land uses. 5. The extent of the effects on the future development of the surrounding area; and Response Formalizing the subdivision of these parcels that have been in place for many decades will have no effect on the future development of the surrounding area. 6. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 17 Response The proposed subdivision will not cause any inefficiency in the delivery of public services and will not require duplication or premature extension of public services and will not result in a leapfrog development pattern because the applicant is proposing a subdivision of existing platted lots already served by public facilities. 7. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and Response The proposed subdivision is currently served by appropriately sized utility lines, resulting in no future land disruptions to upgrade undersized lines. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Response The proposed subdivision formalizes previous divisions of land and in doing so will provide for the growth of an orderly viable community and serves the best interests of the community as a whole. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Response The subject property is currently developed with parking facilities. The proposed subdivision will not result in any adverse impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. Response n/a VARIANCE Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 18 Response The level of the building proposed to be within the rear setback is below grade at the east and north sides of the site and partially above grade on the west. This setback encroachment presents no adverse impacts on other existing or potential uses and structures in the vicinity. To the contrary, the proposed 0’ will allow for a unified plaza design when the Lazier project is developed. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Response Design of the BMLLC and Lazier projects are being coordinated to allow for outdoor plaza space to be provided between the two projects. The 0’ setback proposed for the respective parking level below the outdoor space will allow for coordinated design of this space. The Lazier project will propose the same 0’ setback. Literal enforcement of the 10’ setback would not allow for this design solution and result in basically 20’ of unusable space between the two projects. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Response The proposed setback will have no adverse effect on the considerations listed above. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Response Town development standards in Vail Village and Lionshead allow for and at times encourage 0’ setback solutions when the result will allow for a design that provides appropriate and desirable solutions. The proposed 0’ setback will allow for unified design between the BMLLC and Lazier properties and as such is consistent with other examples where the Town has encouraged 0’ setback solutions. CODE AMENDMEN/PAY IN LIEU PARKING ZONE The following are review criteria for a minor subdivision, as outlined in Section 13-3-4, Commission Review of Application; Criteria and Necessary Findings, Vail Town Code: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 19 Response The proposed amendment will simply remove the three subject parcels from the Parking – Pay in Lieu Map. The inclusion of these properties on this map precludes the redevelopment and replacement of existing parking. This is not consistent with the purposes of the pay in lieu provision of the zoning code. It is assumed that the map was done in error for the following reasons: • The subject properties have legal access to East Lionshead Circle, • Vehicle access to the site does not directly interfere with established pedestrian corridors, • Parking was in place on the subject parcels when the map was prepared, and • The Lionshead Redevelopment Master Plan suggests that with the redevelopment of the subject properties that on-site parking be retained, and a ground rule of the master planning process was that there be no net loss of existing parking in Lionshead. This amendment will allow for the redevelopment of these parcels. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; Response On-site parking is appropriate on the subject properties. The existing parking structure is unsightly, and the Lionshead Redevelopment Master Plan identifies this property for redevelopment. This amendment will allow for the redevelopment of these parcels. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; Response The Parking Pay in Lieu Map in its current form is not appropriate nor is it applicable to the subject properties. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Response Removing the subject properties from the map is necessary in order for parking to be main on the site. Removing the subject properties from the map will provide a harmonious, convenient and workable relationship among land use regulations that will be consistent with the town’s development objectives. PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 20 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. Response N/A PEC APPROVED 10/30/2018 9:29:53 AM Battle Mountain LLC/534 East Lionshead Circle Development Applications Page 21 V. APPENDIX Minor Subdivision Plat PEC APPROVED 10/30/2018 9:29:53 AM Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. PEC APPROVED 10/30/2018 9:29:53 AM Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. VANTAGE POINT CONDOMINIUMS SUPPLEMENT TO VANTAGE POINT CONDOMINIUMS EAST LIONSHEAD CIRCLE(TRACT F)TRACT EVAIL 21 LOT 1 A LOT 2 A TRACT K FIRST WESTWIND AT VAIL CONDOMINIUM (FIRST AMENDMENT) THE LIFT HOUSE A CONDOMINIUM ∆ PEC APPROVED 10/30/2018 9:29:53 AM