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HomeMy WebLinkAbout2001-09-04 Support Documentation Town Council Evening Session REVISED VAIL TOWN COUNCIL EVENING MEETING TUESDAY, SEPTEMBER 4, 2001 7:00 P.M. TOV COUNCIL CHAMBERS NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. CITIZEN PARTICIPATION. (5 min.) 2. CONSENT AGENDA: (15 min.) Proclamation #3, Series of 2001, a Proclamation Designating September 9 - 15 as "TRY TRANSIT WEEK". (5 min.) Ordinance #19, Series of 2001, an ordinance 2"d reading. (5 min.) Ordinance #23, Series of 2001, an ordinance approving the Booth Falls Townhomes Rockfall Easement, 2"d reading. (5 min.) 3. ITEM/TOPIC: Vail Center Update. (15 min.) Russell Forrest 5. Ordinance #20, Series of 2001, Supplemental, first reading (20 min.) Steve Thompson 5. Ordinance #24, Series of 2001, Gateway SDD, first reading. (20 min.) Allison Ochs Ordinance No. 24, Series of 2001: An ordinance repealing and reenacting Ordinance No. 9, Series of 1988 and Ordinance No. 17, Series of 1196, providing for the major amendment of Special Development District No. 21, Vail Gateway, to allow for the change in underlying zoning from Commercial Core I to Commercial Service Center, amending the approved development plan for Special Development District No. 21, Vail Gateway; amending Title 12, Chapter 7, Article E, Section 4, to add "private club" as a conditional use in the Commercial Service Center zone district; amending Title 12, Chapter 2, Section 2, to add a definition of "private club"; and setting for details in regard thereto. ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny, Ordinance No. 24, Series of 2001 on first reading. BACKGROUND RATIONALE: The applicant, Braun and Associates, has requested a major A rezoning of the underlying zoning from Commercial Core I to Commercial Service Center. A major amendment to Special Development District No. 21. A text amendment to the Commercial Service Center zone district to allow for private clubs as a conditional use and a text amendment to allow for the addition of a definition of "private club" to the Zoning Regulations. The Planning and Environmental Commission has forwarded a recommendation of approval of the above at their July 23, 2001, meeting. Please refer to the staff memorandum for additional information. STAFF RECOMMENDATION: Staff is recommending approval on first reading of Ordinance No. 24, Series of 2001. 6. ITEM/TOPIC: Ordinance #26, Series of 2001, first reading, an Allen Christensen ordinance appointing the Vail Local Housing Authority as Special Fiduciary Agent to Implement the Mountain Bell Project. (10 min.) 7. Ord. #21, Vail Village Inn SDD, 2"d reading. (15 min.) George Ruther 8. Ord. #22, 2"d reading, Charter Amendment. (10 min.) Allen Christensen 9. Town Manager's Report. (5 min.) Bob McLaurin Adjournment (8:45 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 9111/01, BEGINNING AT 9:00 A.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 9/18/01, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 9/18/01, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. ORDINANCE NO. 19 SERIES OF 2001 AN ORDINANCE AMENDING THE TOWN CODE, TITLE 12, CHAPTER 6, ARTICLE I, HOUSING (H) DISTRICT; AMENDING TITLE 12, CHAPTER 2, SECTION 2, DEFINITIONS; AMENDING TITLE 12, CHAPTER 13, SECTION 3, GENERAL REQUIREMENTS, AND SECTION 4, REQUIREMENTS BY EMPLOYEE HOUSING UNIT TYPE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of these amendments at its August 13, 2001, meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and . WHEREAS, the Vail Town Council considers housing a high priority and recognizes the Town's role in providing quality living conditions for the community's workforce. WHEREAS, the Vail Town Council recognizes the need to provide for adequate sites for employee housing within the Town; and WHEREAS, the Vail Town Council considers it reasonable, appropriate, and necessary to adopt a new zone district to encourage and facilitate the development of employee housing; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Zoning Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to adopt amendments to the Housing Zone District, which is intended to provide for adequate sites for employee housing, which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards of other residential zoning districts; and to amend the regulations specifically regarding employee housing as it pertains to the Housing Zone District. Section 2. Title 12, Chapter 6, Article I. Housing District, shall be amended as follows: Ordinance No. 19, Series of 2001 1 - (Text which is to be deleted is indicated as rtFiGker;. Text which is to be added is indicated as bold.) ARTICLE I. HOUSING (H) DISTRICT SECTION: 12-61-1: Purpose 12-61-2: Permitted Uses 12-61-3: Conditional Uses 12-61-4: Accessory Uses 12-61-5: Setbacks 12-61-6: Site Coverage 12-61-7: Landscaping and Site Development 12-61-8: Parking and Loading 12-61-9: Location of Business Activity 12-61-10: Other Development Standards 12-61-11: Development Plan Required 12-61-12: Development Plan Contents 12-61-13: Development Standards/Criteria for Evaluation 12-61-1: PURPOSE: The Housing District is intended to provide adequate sites for deed- cc+.risted employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts. It is necessary in this district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in Section 12-1-2 of this Title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the District. The Housing District is intended to ensure that employee housing permitted in the District is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 12-61-2: PERMITTED USES: The following uses shall be permitted in the H District: Deed restricted employee housing units, as further described in Chapter 12-13 of this Title. Passive outdoor recreation areas, and open space. Pedestrian and bike paths. 12-61-3: CONDITIONAL USES: GeR The following conditional uses shall be permitted in the H District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Commercial uses which are secondary and incidental (as determined by the Planning and Environmental Commission ) to the use of deed r^°+.;employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with deed FeSIFO^+^,+ employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Eating and drinking establishments. Health clubs. Personal services, including but not limited to, Laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the Planning and Environmental Commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property and, B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed 30% of the total GRFA constructed on the property and, C. Dwelling units are only created in conjunction with deed-rte tristed employee housing and, Ordinance No. 19, Series of 2001 -2- D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios Public and private schools and educational institutions, including day-care facilities. Public buildings and grounds. Public parks. Public utilities installations including transmission lines and appurtenant equipment. Type VI employee housing units, as further regulated by Chapter 12-13 of this Title. 12-61-4: ACCESSORY USES: The following accessory uses shall be permitted in the H District: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Minor Arcades Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-61-5: SETBACKS: The setbacks in this district shall be 20' from the perimeter of the zone district. At the discretion of the Planning and Environmental Commission, variations to the setback standards may be approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B. Proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. Variations to the 20 ft. setback shall not be allowed on property lines adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is approved by the Planning and Environmental Commission pursuant to Chapter 17 of this Title. 12-61-6: SITE COVERAGE: Site coverage shall not exceed fifty-five percent (55%) of the total site area. At the discretion of the Planning and Environmental Commission, site coverage may be increased if 75% of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development, and that the minimum landscape area requirement is met. 12-61-7: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. 12-61-8: PARKING AND LOADING Off-street parking shall be provided in accordance with Chapter 10 of this Title. No parking or loading area shall be located within any required setback area. At the discretion of the Planning and Environmental Commission, variations to the parking standards outlined in Chapter 10 may be approved during the review of a development plan subject to a Parking Management Plan. The Parking Management Plan shall be approved by the Planning and Environmental Commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than Chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. Ordinance No. 19, Series of 2001 -3- 12-61-9: LOCATION OF BUSINESS ACTIVITY: A. Limitation; Exception: All conditional uses by 12-61-3 of this Article, shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. B. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12-61-10: OTHER DEVELOPMENT STANDARDS: Prescribed By Planning and Environmental Commission: In the H District, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the Planning and Environmental Commission, and as adopted on the approved development plan: A. Lot area and site dimensions. B. Building height. C. Density control (including gross residential floor area). 12-61-11: DEVELOPMENT PLAN REQUIRED: A. Compatibility With Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the Housing District will meet the intent of the District, a development plan shall be required. B. Plan Process And Procedures: The proposed development plan shall be in accordance with Section 12-61-12 of this Article and shall be submitted by the developer to the Administrator, who shall refer it to the Planning and Environmental Commission, which shall consider the plan at a regularly scheduled meeting. C. Hearing: The public hearing before the Planning and Environmental Commission shall be held in accordance with Section 12-3-6 of this Title. The Planning and Environmental Commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Council in accordance with Section 12-3-3 of this Title. D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the Housing District. E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of Section 12-9A-10 of this Title. F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the Design Review Board in accordance with the applicable provisions of Chapter 11 of this Title prior to the commencement of site preparation. 12-61-12: DEVELOPMENT PLAN CONTENTS: A. Submit With Application: The following information and materials shall be submitted with an application for a proposed development plan. Certain submittal requirements may be waived or modified by the Administrator if it is demonstrated that the material to be waived or modified is not applicable to the review criteria, or that other practical solutions have been reached. 1. Application form and filing fee. 2. A written statement describing the project including information on the nature of the development proposed, proposed uses, and phasing plans. 3. A survey stamped by a licensed surveyor indicating existing conditions of the property to be included in the development plan, including the location of improvements, existing contours, natural features, existing vegetation, watercourses, and perimeter property lines of the parcel. 4. A title report, including Schedules A and B4. 5. Plans depicting existing conditions of the parcel (site plan, floor plans, elevations, etc.), if applicable. Ordinance No. 19, Series of 2001 -4- 6. A complete zoning analysis of the existing and proposed development including a square footage analysis of all proposed uses, parking spaces, etc. 7. A site plan at a scale not smaller than one inch equals twenty feet (1" = 20'), showing the location and dimensions of all existing and proposed buildings and structures, all principal site development features, vehicular and pedestrian circulation systems and proposed contours and drainage plans. 8. Building elevations, sections and floor plans at a scale not smaller than one- eighth inch equals one foot (1/8" = 1'), in sufficient detail to determine floor area, circulation, location of uses and scale and appearance of the proposed development. 9. A vicinity plan showing existing and proposed improvements in relation to all adjacent properties at a scale not smaller than one inch equals fifty feet (1" _ 50'). 10. Photo overlays and/or other acceptable visual techniques for demonstrating "the visual impact of the proposed development on public and private property in the vicinity of the proposed development plan. 11. An architectural or massing model at a scale sufficient to depict the proposed development in relationship to existing development on the site and on adjacent parcels. 12. A landscape plan at a scale not smaller than one inch equals twenty feet (1" = 20'), showing existing landscape features to be retained and removed, proposed landscaping and other site development features such as recreation facilities, paths and trails, plazas, walkways and water features. 13. An environmental impact report in accordance with Chapter 12 of this Title unless waived by Section 12-12-3 of this Title. 14. Any additional information or material as deemed necessary by Administrator. B. Copies Required; Model: With the exception of the model, four (4) complete copies of the above information shall be submitted at the time of the application. When a model is required, it shall be submitted a minimum of two (2) weeks prior to the first formal review of the Planning and Environmental Commission. At the discretion of the Administrator, reduced copies in eight and one-half inches by eleven inches (8 1/2" x 11 format of all of the above information and additional copies for distribution to the Planning and Environmental Commission, Design Review Board and Town Council may be required. 12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria: A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. D. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance with the Vail Comprehensive Plan and other applicable plans. Ordinance No. 19, Series of 2001 -5- Section 3. Title 12, Chapter 2, Section 12-2-2: Definitions, is hereby amended as follows. (Text which is to be deleted is indicated as s1riskeR. Text which is to be added is indicated as bold.) EMPLOYEE HOUSING UNIT (EHU): A dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be occupied Fee#ed to by at least one person who is an full tima arnplayees employee. €HUs shall ts allowed an GertainnZE)Re-di6tri3Cc a6-6et4Erth i:i t"is t;t E:. Dayclcp,-icnt standards-far €HL!s shall t8 as pFevided OR a: 13 aF tJiic titla-For the purposes of this definition, a "fume" employee shall mean a person who works a_w.,nimum of an average of thirty (30) hours per week or more on a year round basis in Eagle County, Colorado. TheFe sha I "a five (5) Gaieg Fie ~f Ty-pE I, Ty flE ll, Ty-pc III, Typc IV and Type .1. "r ;s relatis ca3h type 3f EHI; &;e set forth in ahaptar 13 3f thia Section 4. Title 12, Chapter 13, Section 12-13-3: General Requirements, is hereby amended as follows: (Text which is to be added is indicated as bold.) 12-13-3: General Requirements -Type VI Employee Housing Units: F. For the purposes of this Title, a Type VI employee housing unit is an employee housing unit which shall be governed by a written management plan or other written program approved by the Planning and Environmental Commission. The management plan is the principal document in guiding the use of a Type VI employee housing unit. The management plan shall be reviewed and approved by the Planning and Environmental Commission as part of the conditional use permit application for a Type VI employee housing unit in accordance with the provisions of Chapter 16 of this Title. G. Management Plan - Required Contents 1. The management plan shall contain all relevant material and information necessary to establish the parameters of the Type VI employee housing unit. 2. The management plan shall demonstrate that Type VI employee housing units are exclusively used for and remain available for employee housing, as defined in this Title. 3. The management plan shall provide a mechanism to provide adequate notice of record to prospective owners to ensure that the requirements of the plan shall be met with any future changes in ownership. 4. The management plan shall include adequate provisions to ensure that the employee housing units shall be occupied, and shall not remain vacant for a period to exceed five (5) consecutive months. 5. No later than February 1 of each year, the owner of a Type VI employee housing unit shall submit 2 copies of a sworn affidavit to be obtained from the Department of Community Development, to the Department of Community Development setting forth evidence establishing that the employee housing unit has been used in compliance with the management plan. 6. Such other items as the Planning and Environmental Commission or the Administrator may deem necessary to the proposed management plan. 7. Amendments: Amendments to an approved management plan shall be reviewed by the Planning and Environmental Commission in accordance with this Section. H. Management Plan - Findings: Ordinance No. 19, Series of 2001 -6- 1. In addition to the findings in Section 12-16-613 of this Title, the Planning and Environmental Commission shall make the following findings before approving the management plan: a. That the management plan is in accordance with the in and purposes of Chapter 12-13 and Chapter 12-61 of this Title. b. That the management plan effectively provides for the provision of employee housing as defined in Section 12-2-2 of this Title. C. That the management plan effectively provides for adequate notice to prospective owners of the requirements of the management plan and the occupancy requirements for a Type VI employee housing unit. Section 5. Title 12, Chapter 13, Section 12-13-4: Requirements by Employee Hosing Unit (EHU) Type, is hereby amended as follows: Ordinance No. 19, Series of 2001 -7- Section 12-13-4 EHU Zoning Districts Permitted Ownership/Tra I Additional GRFA Additional Site Garage I Parking Minimum/Maximum GRFA Of An EHU Density By Right Or By Conditional nsference Coverage/Reduced Credit/Storage Use Landscape Area Reauirement Type III ermitted Use: The EHU may Per Section 12-15-3 n/a n/a Per Chapter 10 of A. Dwelling Unit Format: Not counted as ionshead Mixed Use 1 be sold or of this Title, Type III this Title. 300 sq. ft. minimum. density. ionshead Mixed Use 2 transferred employee housing 1,200 sq. ft. maximum. -lousing separately. units are excluded B.Dormitory Format: from the calculation 200 sq. ft. minimum. onditionaf Use: of GRFA. 500 sq. ft. maximum. esidential Cluster Dormitory format may consist of several ow Density Multiple- Family bedrooms sharing common kitchen and Medium Density Multiple- bathing facilities in a variety of formats or Family arrangements, in which case may exceed igh Density Multiple- the 500 sq. ft. maximum. amily Public Accommodation Commercial Corel Commercial Core2 Commercial Core3 Commercial Service Center Arterial Business arking District eneral Use ki Base/ Recreation Type VI Conditional Use: As governed Allowable GRFA Allowable site Requirements Per Chapter 10 of Allowable GRFA shall be determined Allowable density Housing. by the shall be coverage and shall be this Title or as by the Planning and Environmental shall be Management determined by the landscape area determined by required by the Commission determined by the Plan. Planning and shall be the Planning and Planning and Planning and Environmental determined by the Environmental Environmental Environmental Shall not be Commission Planning and Commission Commission. Commission subdivided or Environmental divided into Commission any form of timeshares, interval ownership, or fractional fee. Ordinance No. 19, Series of 2001 -8- Section 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect 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. Section 7. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 8. The amendment of any provision of the Town 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 amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21 st day of August, 2001 and a public hearing for second reading of this Ordinance set for the 4th day of September, 2001, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 19, Series of 2001 -9- READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4`h day of September, 2001. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 19, Series of 2001 -10- ORDINANCE NO. 23 SERIES OF 2001 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF AN EASEMENT TO THE BOOTH FALLS HOMEOWNERS ASSOCIATION TO CONSTRUCT A ROCK FALL MITIGATION WALL ON A PORTION OF PARCEL F, VAIL VILLAGE 12TH FILING OWNED BY THE TOWN OF VAIL AND, MORE FULLY DESCRIBED AS FOLLOWS: A parcel of land North of and adjacent to a part of Lot 1, Block 2 Vail Village Twelfth Filing, County of Eagle, State of Colorado more particularly described as: Beginning at the Northeast Corner of said Lot 1; thence N8902 4'12"W,42.85 feet to a point on the Northerly Boundary of said Lot 1, which is the TRUE POINT OF BEGINNING; thence N000 18'14"E, 150.00 feet; thence N890 24'13"W, 534.12 feet; thence S000 18'14"W, 150.00 feet to the Northwesterly Corner of said Lot 1; thence S890 24'13"E, 534.12 feet along the Northerly Boundary of said Lot 1 and along the East-West Centerline of said Section 2 to the TRUE POINT OF BEGINNING. WHEREAS, the Town of Vail is the owner of certain property known as a the Portion of Parcel F, Vail Village 12th Filing. WHEREAS, this property was acquired by the Town of Vail from the U.S Forrest Service through a Land Exchange without deed restriction concerning use or transfer; and WHEREAS the property located on 3094 Booth Falls Road is located in a severe rockfall hazard and there has been a history of rockfall damage to that property. WHEREAS the creation of a rockfall mitigation wall is critical to help protect the safety of the inhabitants of 3094 Booth Falls Road and to reduce the risk of property damage to that property WHEREAS the State of Colorado Geological Survey has provided a letter which concludes that this wall is "an excellent design" and "will provide rockfall protection for the Booth Falls Town Homes; WHEREAS the Town of Vail Design Review Board approved the design on August 15th, 2001. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL THE TOWN OF VAIL, COLORADO that: 1. The Town Council hereby approves an easement on the property for the purpose of constructing a Rockfall Mitigation Wall. 2. The Town Manager is hereby authorized and directed to execute an easement with the Booth Falls Homeowners Association to allow the construction of said wall on a portion of Parcel F, Vail Village 12th Filing. 3. If 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. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail 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 proceedings 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. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of August, 2001, at 7:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4th day of September, 2001. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Proposed Vail Center Decision Points After November 2001 Election December February End of March & Beginning May- End of July 9, November February April 2002 of May June June 2002 2002 2002 7,2001 2001 2002 2002 2002 Implement Design & cost other estimates & public Refine design and No No projects/ discussions cost estimates actions Council unci Counci Council decides direction on ecision to update determines on project Public Discussions refining Refine Financing Public workshops move forward market Yes what uses on the preferred with 2 readin g Council Election manager and other on Financing planning Plan plan analysis should be f an ordinanc *rlor' ursu resources for 2002 lectio Development of a Refine Business Option for more public'input Option for more public input Business Plan & Plan Public Discussion on that plan Council asks for Council asks for public input on public input on uses strategic goad This could take This could take an additional 1-2 an additional 2-4 months months To: Vail Town Council From: Staff: Russ Forrest Date: September 4, 2001 Subject Discussion on Vail Center Next Steps 1. PURPOSE The purpose of the September 4th meeting is to provide an update on the Vail Center Project. On August 7th the Town Council decided to provide additional time for Vail Resorts to determine whether they could assist in siting one of the public uses on their land. In addition, the Council wanted staff to develop a time frame and a decision tree for moving forward with the Vail Center project after the November 2001 Council election. 2. INPUT FROM VAIL RESORTS Vail Resorts has been meeting internally. However, they do not have anything to report at this time. 3. SUGGESTED NEXT STEPS AFTER NOVEMBER ELECTION The following is a list of suggested next steps and decisions for the Vail Center. 1. New Council Identifies Goals and Critical Actions: The Town Council will need to identify a list of strategic priorities. After identifying those priorities, the Council will need to determine how or if the Vail Center ranks in those priorities. Also the Council may want to consider inviting the public to provide input on strategic goals and actions The Vail Center project could be pushed back 2-4 months if the Town Council would want to pursue additional public input. Timing: November/December of 2001 or February/March is a significant public involvement process is desired. 2. Determine Uses: If the Vail Center is a still a high priority, the Council will need to determine what uses should be sited where. A major question that should be answered by the time of the election is whether Vail Resorts is interested in siting one of the uses on their land. Revisiting the issue of uses after this point will be costly from both a time and money standpoint. Other specific questions include: • Does the market analysis need to be updated if Brekenridge and/or other communities are moving forward with similar public uses. Timing: An update could be provided by ERA within 20-40 working days 1 Is additional community input needed on the specific uses? Timing: If Council concludes that the Vail Center is a priority in early to mid December then several additional public meetings could be scheduled in the Christmas and January time frame. With a Council Decision on the final uses occurring in February. 3. Proiect Manaaer and other Resources: The Council has requested that staff identify ideas for project managers. The time commitment would be close to 100% for the first 4-6 months of a contract and then could be less after a viable alternative has been framed. The cost per month of a project manager could be approximately $16,000. Criteria for a project manger could include: proven ability to work on complex public projects, strong public involvement skills, project management experience, development experience, and ability to commit the necessary time. Staff has a fairly extensive list of potential candidates that could be reviewed based on input from communities around the state and recommendations from the community. Staff is assuming the design team of EDAW, HGA, and Zehren would stay the same. Also does Council want to engage additional economic analysis support such as Ford Frick? Timing: This step can absorb significant time. A selection process for a project manager could take 2 months. If this process was started in late December, a project manager could be on board in the late February time frame. Assuming the existing design team is used, then the team could be prepared to initiate design work and cost estimates in the month of March. Given the work that has been done to date on the Charter Bus lot, future design work should be able to occur quite rapidly. 4. Financial Plan: Community discussions could occur on financing immedeately after a Council decision on what uses will be included. Council specifically asked about an additional lodging tax. A 1 % increase in lodging tax (for example) generates approximately $1.1 million per year which provides approximately $10,000,000 in bonding capacity. The initial reaction to financing a conference center with just a lodging tax received a negative reaction from the lodging community. Their major point was that the rest of the business community should also contribute to supporting this use. Timing: This community discussion could begin in March after a decision on the uses to be pursued has been made. 5. Vail Center operation: Critical questions on who will run the Vail Center and how the operational costs will be met need to be answered. A business plan needs to be completed. Timing: The March and April time frame becomes a critical time for the design, captial plan and operational plan to come together. Someone that has done business plans for the final uses under consideration should lead this effort. This could be the project manager, depending on their qualifications, or may be a special resource that is needed. At the same time discussions are occurring on financing, it is suggested that input is also solicited on the operation of the facility. 2 6. Development of the Final Plans: It is anticipated that in the March and April time frame that the community reviews at least 1-2 draft iterations of the design and financial plan. The month of May could be used to refine the planning and make a presentation on the revised design, financing, and operational plans in early June. Timing: Final plans due by the beginning of June with public meetings in late June of 2002. 7. Final Decision on aursuina a 2002 election: Final decision on plan and financing by Council: The Council will need to make a final determination on the physical plan, financing, and operational plan for the Vail Center by the beginning of July. In August, the. Council would then need to approve two readings of an ordinance to place a funding question on the November 2002 ballot. Timing: On July 9t`' 2002. In summary the critical issues that need to be addressed in a timely way include: • Determine the new Council's overall priorities. • Deciding on the major uses and their location. • Clearly understanding Vail Resorts role. • Choosing the resources to assist on the project, particularly a project manager. • Deciding on the basic design. • Deciding on a business plan. • Deciding on a financing plan. Attached is a flow chart that highlights the critical decisions. 4. ALTERNATIVE APPROACHES CONSIDERED ON AUGUST 7TH Approach 1: Identify New Land Opportunities: This approach involves determining if there are any additional land opportunities that may be viable to support at least one of the three Vail Center uses. Vail Resorts is currently determining if they have land to locate one of the considered uses. Approach 2: Work with the 66,000 square foot Charter Bus Lot and Library: This approach assumes the Council does not want to pursue other sites and/or public private partnerships. The first step would be to evaluate the uses considered on June 19th and determine the two uses to be located on the Charter Bus Lot and move forward with the additional learning and meeting space above the Library. A possible location for the third use could be above the Frontage Road and/or a future cap above 1-70. 3 6. SUMMARY OF COUNCIL DECISIONS TO-DATE: • On September 21, 1999, November 16, 1999, and on March 14, 2000, the Town Council affirmed the list of public uses that would be considered further; primarily a 2nd sheet of ice, a family activity center, learning/meeting/performing arts facility (convertible floor space which can convert into either a meeting space, or a performing arts/event venue), and affordable housing. • On July 18, 2000, the Town Council eliminated alternative 3 from further consideration. • On August 1, 2000, the Town Council directed staff to move forward with a 2001 ballot initiative. • On August 1, 2000, the Town Council directed staff to: - Foster the redevelopment and enhancement of existing hotel properties near the project site. - Work with VVTCB to encourage existing hotels to commit rooms at a competitive price for meetings and functions. - When refining the design for the project site, identify phasing plans that could allow the expansion of the meeting center and a future hotel in a phase 2 plan, if the market demonstrated it was necessary to make the meeting center operate successfully. - Identify alternative mass transit technologies to move people more efficiently along the in-town route. • On August 15, 2000, the Town Council directed the Town Manager to sign a contract with the White River Institute to assist in the development of a fund- raising campaign for all the public uses and to also help refine the concept of a "learning center." • On May 23, 2000, and on September 5, 2000, the Town Council decided to stay with the existing design team. The Council did indicate that obtaining a third party designer to provide a critique of the design and to enrich the thinking of the design team would be valuable. • On December 12, 2000, the Town Council indicated their support for the concept paper. • On December 19, 2000, the Town Council developed a square footage and use "wish list." • On February 7th, 2001, the Town Council reviewed a draft contract with EDAW and reaffirmed their interest in moving forward with the existing design team. • On March 6th, 2001, the Finance Team reviewed the capital and operational plans with the Town Council. • On April 17th, 2001, the Town Council gave direction to move forward with a design contract with EDAW to design the Vail center to include: a 2"d Sheet of Ice, Skate park, Youth Center, climbing wall, a meeting facility with break-out space, limited retail to support the facility, a 300-seat theatre, and approximately 15 units of affordable housing. • On May 8th, 2001, the Town Council directed staff to evaluate eliminating the 300-seat theatre and to place a theatrical fly on the 20,000 square foot meeting room. • On May 22, 2001, the Town Council decided not to have a facilitated meeting, but rather to vote on each element of the Vail Center program on 4 June 19th • On June 19th, 2001, the Council passed four motions related to the uses of the site: • space for conferences and learning, including a 200-seat auditorium with stage suitable for community theater and other performances; • space for recreation, including an ice rink, a climbing wall, an indoor skate park and a youth center; • additional space for future expansion of conference and learning activity that could form a second level on top of the existing Vail Public Library and that would be funded primarily through private donations; and • Reservation of space that could be used in the future, if demand warranted, to build a performing arts center seating upwards of 1,300, also to be funded primarily with private donations. • On July 24th, 2001, Council directed staff to pursue the development of an alternative "C" and a 2002 election. • On August 7th, 2001, Council concluded that no additional resources should be engaged until after the November election. The Council asked for Vail Resort to clarify their level of participation with in the next month. Also Council asked for a decision tree for the Vail Center after the November election. F:ICDEV\000 NCI LIMEMOS101 \COMFAC904M EMO.DOC 5 Proposed Vail Center Decision Points After November 2001 Election End of March & Beginning May End of November December February June June July 9, 7,2001 2001 2002 2002 February April 2002 of f 2002 May 2002 2002 2002 Implement Design & cost No other estimates & public projects/ discussions Refine design and actions cost estimates Council unci <sh unci ecision to ounce update Council decides direction on Public workshops move forward rmines s determines if market on project Public Discussions refining Refine Financing on the preferred Council Election Yes t. t uses on Financln I with 2 readin ail Center is analysis uld be manag er and other 9 panning plan fan ordinan 9 rion ? sue resources for 2002 Development of a Refine Business Iectio Option for more publicinput Option for more public input Business Plan & Plan Public Discussion on that plan Council asks for Council asks for public input on public input on strategic goals uses This could take This could take an additional 1-2 an additional 2-4 months months ORDINANCE NO. 24 SERIES OF 2001 AN ORDINANCE REPEALING AND RE-ENACTING ORDIANCE NO. 9, SERIES OF 1988 AND ORDINANCE NO. 17, SERIES OF 1996, PROVIDING FOR THE MAJOR AMENDMENT OF SPECIAL DEVELOPMENT DISTRICT NO. 21, VAIL GATEWAY, TO ALLOW FOR THE CHANGE IN THE UNDERLYING ZONING OF COMMERCIAL CORE 1 TO COMMERCIAL SERVICE CENTER; AMENDING THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 21, VAIL GATEWAY; AMENDING TITLE 12, CHAPTER 7, ARTICLE E, SECTION 4, TO ADD "PRIVATE CLUB" AS A CONDITIONAL USE IN THE COMMERCIAL SERVICE CENTER ZONE DISTRICT; AMENDING TITLE 12, CHAPTER 2, SECTION 2, TO ADD A DEFINITION OF PRIVATE CLUB; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, in 1988, the Vail Town Council adopted Ordinance No. 9, Series of 1988, establishing Special Development District No. 21, Vail Gateway and, in 1996, the Vail Town Council adopted Ordinance No. 17, Series of 1996, amending Special Development District No. 21, Vail Gateway; and WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously Approved Development Plans for Special Development Districts; and WHEREAS, Mountain Owners, L.P., as owner of the property, and represented by Timberline Commercial Real Estate, has submitted an application for a major amendment to Special Development District No. 21, Vail Gateway, a text amendment to the Town code, and a zoning map amendment; and WHEREAS, the purpose of this ordinance is provide for a major amendment to Special Development District No. 21, Vail Gateway, to amend the Approved Development Plans, and to allow for the change in the underlying zoning from Commercial Core I to Commercial Service Center, to adopt amendments to Sections 12-7E-4 and 12-2-2 of the Town Code to allow for private clubs as a conditional use in the Commercial Service Center zone district and to provide a definition thereto; and WHEREAS, the Town Council finds it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and reenact Ordinance No. 9, Series of 1988 and Ordinance No. 17, Series of 1996, to provide for such changes in Special Development District No. 21, Vail Gateway; 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, the approval of the major amendment to Special Development District No. 21, Vail Gateway, and the development standards in regard thereto shall not establish precedent or entitlements elsewhere within the Town of Vail; and Ordinance No. 24, Series of 2001 08/31/01 1 l WHEREAS, the Town Council finds that the underlying zoning designation of Commercial Service Center is compatible with and suitable to adjacent uses, is consistent with the Town's Land Use Plan and Zoning Regulations, and is appropriate for the area; 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, zoning map amendment, and text amendments to the Town Code on July 23, 2001; and WHEREAS, all public notices as required by the Town of Vail Code have been published and sent to the appropriate parties; and WHEREAS, the Planning & Environmental Commission has recommended approval of the major amendment to Special Development District No. 21; has recommended approval of this zoning map amendment; has recommended approval of the proposed text amendments to Sections 12-7E-4 (Conditional Uses) and 12-2-2 (Definitions) of the Town, and has submitted its recommendations to the Town Council; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to approve the major amendment and adopt the revised Approved Development Plan for Special Development District No. 21, Vail Gateway; to amend to Town of Vail Official Zoning Map; and to adopt the proposed text amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: . Ordinance No. 9, Series of 1988, and Ordinance No. 17, Series of 1996, are hereby repealed and reenacted, as follows: Section 1. Purnosp of the Ordinance The purpose of Ordinance No. 24, Series of 2001, is to provide for a major amendment to Special Development District No. 21, Vail Gateway, to allow for a change in the underlying zoning from Commercial Core I to Commercial Service Center; and to adopt revised Approved Development Plans for Special Development District No. 21, Vail Gateway; and to adopt amendments to Sections 12-7E-4 and Section 12-2-2 to allow for private clubs as a conditional use in the Commercial Service Center zone district and to provide a definition thereof. Section 2. Amendment Procedures Fulfilled, Plennino Commission Renort The approval procedures described in Section 12-9A-10 of the Vail Municipal Code have Ordinance No. 24, Series of 2001 08/31/01 2 been fulfilled, and the Vail Town Council has received the recommendation of the Planning & Environmental Commission for a major amendment to the Approved Development Plan for Special Development District No. 21, Vail Gateway. Requests for amendments to the Approved Development Plan shall follow the procedures outlined in Section 12-9A-10 of the Vail Municipal Code. Section 3. Amendina the Underlvina. Zoning of Special Development District No. 21 from Commercial Core I to Commercial Service Center The Official Zoning Map of the Town of Vail is hereby amended as follows: The Vail Gateway, located at the Vail Gateway Building, 12 Vail Road / a portion of Lot N and a portion of Lot O, Block 5D, Vail Village 1 s' Filing, as indicated in Exhibit A shall be rezoned Special Development District No. 21 with an underlying zoning of Commercial Service Center District. Section 4. Special Development District No. 21 The Special Development District and the major amendment to the Approved Development Plan are established to ensure 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. 21 is regarded as being complementary to the Town of Vail by the Vail Town 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 Commercial Service Center zone district requirements. The Special Development District is hereby amended 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. Section 5. Development Standards - Special Develooment District No. 21, Vail Gatewav The Town Council finds that the amended development plan for Special Development District No. 21 meets each of the standards set forth in Section 12-9A-10 of the Municipal Code of the Town of Vail. In accordance with Section 12-9A-10, the amended development plan for Special Development District No. 21 is approved and Special Development District No. 21 is Ordinance No. 24, Series of 200108/3 1/01 3 hereby approved. The amended approved development plan is comprised with those plans submitted by Buff Arnold, Ned Gwathmey, and Steve Riden, and consists of the following documents: 1. Site plan, dated March 28, 1988 2. Floor plans, dated March 28, 1988 and revised (partial) plans dated February 28, 1996, and revised plans dated (June 7, 2001). 3. Elevations dated March 28, 1988 and revised (partial) plans dated February 28, 1996. 4. Landscape plan dated March 28, 1988 5. Special Development District application and Environmental Impact report as prepared by Peter Jamar Associates, Inc., dated January 1988, and revised March 9, 1988. 6. Parking Management Plan as prepared by Braun and Associates, Inc., dated August 13, 2001. Section 6. ADDroved Develooment Standards The development standards for Special Development District No. 21 are approved by the Town Council as part of the approved development plan and as follows: A. Setbacks - Setbacks shall be as indicated on the site plan set forth in Section 5 of this Ordinance and as indicated below: West: 18 ft. South: 20 ft. East: 1 ft. North: 15 ft. B. Building height - Building Height shall be as indicated on the elevations and roof plan set forth in Section 5 of this Ordinance, and not to exceed 54 ft. C. Site Coverage - Site coverage shall be as indicated on the site plan set forth in Section 5 of this Ordinance, and not to exceed 64% or 15, 459 sq. ft. D. Landscaping - The area of the site to be landscaped shall be as generally indicated on the preliminary landscape plan set forth in Section 5 of this Ordinance, and not less than 5.4% or 1,309 sq. ft. E. Parking - Parking demands of this development shall be in accordance with the developer's proposal to provide 93 parking spaces and as set forth in Section 5 of this Ordinance. F. Density - The density allowed in Special Development District No. 21 shall be 9 Ordinance No. 24, Series of 2001 06/31/01 4 . Y dwelling units consisting of not more than a total of 17,160 sq. ft. of GRFA. Section 7. Permitted. Conditional, and Accessorv Uses The uses of Special Development District No. 21 are uses permitted by right, conditional uses or accessory uses in the Commercial Service Center zone district. The permitted uses in the Special Development District shall be the same as those uses permitted in Section 12-7E-3 of the Commercial Service Center zone district. Conditional uses in the Special Development District shall be the same as the conditional uses listed in Section 12-7E-4 of the Commercial Service Center zone district, and accessory uses in the Special Development District shall be the same as the accessory uses listed in Section 12-7E-5 of the Commercial Service zone district. Section 8. Approval Aareements for Soerial Develooment District No. 21. Vail Gatewav 1. That the applicant completes each of the items listed below regarding basic maintenance and improvements prior to the issuance of a T.C.O. for any of the units (residential or office) within the Gateway: a. All of the signs for the businesses that are no longer located within the building shall be removed. b. The sidewalk on the north side of the building shall be repaired c. The floodlights on the northwest corner of the building shall be removed. d. The stairwell on the east side of the building shall be cleaned and repaired. e. The lattice on the east side of the building shall be repaired. 2. That the Developer coordinate efforts with the owners of Vail Plaza Hotel to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve potential loading and delivery concerns at the Gateway. If a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. Section 9. Amendment to the Commercial Service Center Zone District Title 12, Chapter 7, Article E, Section 4, is hereby amended as follows: (Text that is to be added has been underlined.) Ordinance No. 24, Series of 2001 08/31/01 5 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Private clubs Section 10. Amendment to the Defininitions Chanter of the Zonina Reaulations Title 12, Chapter 2, Section 2, is hereby amended as follows: (Text that is to be added has been underlined.) 12-2-2: DEFINTIONS: PRIVATE CLUB: an association of persons and its premises who are bonafide members oavina dups. use of such premises beina restricted to members and their auests. Section 11. If 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. Section 12. 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 13. 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. Ordinance No. 24, Series of 2001 08/31/01 6 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of September, 2001, and a public hearing for second reading of this Ordinance set for the 18th day of September, 2001, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 24, Series of 2001 08/31/01 7 Exhibit A Cwiteway Valm INTERSTATE 70 Subject Property: 12 Vail Road A portion of Lot N and a portion of Lot 0, Block 5D, Vail Village 1st Filing HATEAU AT VAIL ALPINE STAND GATEWAp Y, C 13 2 12 J1 VAIL VILLAGE INN CRC HOLIDAY LOT 0 5 D HOUSE 100 1 B 9 I~ M 82 I 44 FIRE 15 EASTN EADOWDR DEPT 42 SONNENALP TALISMAN SWISS VILLA 1ST CHALET CORTIN BANK I 62 on Ordinance No. 24, Series of 2001 MEMORANDUM TO: Town Council FROM: Department of Community Development DATE: September 4, 2001 SUBJECT: Update and Board/Staff Recommendations on the request for a major amendment to Special Development District No. 21, a rezoning of the underlying zoning from Commercial Core I to Commercial Service Center, and text amendments to Sections 12-7E-4 and 12-2-2, at the Vail Gateway, located at 12 Vail Road / a portion of Lot N and a portion of Lot O, Block 5D, Vail Village 1St Filing. Owner: Mountain Owners, L.P. Applicant: Timberline Commercial Real Estate, represented by Braun Associates, Inc. Planner: Allison Ochs 1. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATIONS A. Rezoning Request from Commercial Core I to Commercial Service Center The applicant is requesting a rezoning the Vail Gateway, located at 12 Vail Road, a portion of Lots O and N, Block 5D, Vail Village 1 St Filing, from Commercial Core 1 (CC1) to Commercial Service Center (CSC). The property, should the rezoning be approved, would then be zoned Special Development District No. 21 with an underlying zoning of Commercial Service Center. At the July 23, 2001, meeting, the Planning and Environmental Commission forwarded a recommendation of approval of the rezonina of the underivina zonina of Soecial Development District No. 21 from Commercial Core I to Commercial Service Center to the Town Council with the following findings: 1. That the proposed zoning of Commercial Service Center is suitable with the existing land use on the site and adjacent uses. 2. That the amendment presents a convenient workable relationship with land uses consistent with municipal objectives. 3. That the rezoning provides for the growth of an orderly viable community. 4. That the change is consistent with the Land Use Plan. B. Request for a Major Amendment to Special Development District No. 21 At the July 23, 2001, meeting the Planning and Environmental Commission forwarded a recommendation of approval of the maior amendment to Soecial Development District No. 21 to the Town Council with the following finding: i That the proposed amendment to Special Development District No. 21, Vail Gateway, complies with the nine design criteria outlined in Section 12-9A-8 of the Town of Vail Municipal Code. The applicant 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. The recommendation of approval included the following conditions: 1. That the applicant completes each of the items listed below regarding basic maintenance and improvements prior to the issuance of a T.C.O. for any of the units (residential or office) within the Gateway: a. All of the signs for the businesses that are no longer located within the building shall be removed. b. The sidewalk on the north side of the building shall be repaired c. The floodlights on the northwest corner of the building shall be removed. d. The stairwell on the east side of the building shall be cleaned and repaired. e. The lattice on the east side of the building shall be repaired. 2. That the applicant enters into an agreement with the Developer of the Vail Plaza Hotel East to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve loading and delivery concerns at the Gateway. If a coordinated effort is reached the applicant shall submit revised plans to the Town of Vail Community Development Department for review and approval prior to building permit. 3. The PEC recommends to the Town Council that the applicant provide housing for 1 to 5 employees. The exact number shall be determined by the Town Council. 4. That the applicant submits an application to the Department of Community Development prior to second reading of an ordinance for a Conditional Use Permit to create housing for 1 to 5 employees, should the Town Council require employee housing. The housing shall be located within the Town of Vail. C. Text Amendments The applicant is requesting text amendments to Section 12-7E-4 to allow for private clubs as a conditional use in the Commercial Service Center zone district. In addition, a definition of private club is proposed to Section 12-2-2 of the Town Code. The proposed definition is as follows: PRIVATE CLUB: an association of persons and its premises who are bonafide members paying dues, use of such premises being restricted to members and their guests. At the July 23, 2001, meeting, the Planning and Environmental Commission voted to forward a recommendation of approval of the proposed text amendments with the following findings: 2 1. That the proposed amendments are consistent with the development objectives of the Town of Vail as stated in the Vail Land Use Plan. 2. That the proposal is consistent and compatible with existing and potential uses within Vail and generally in keeping with the character of the Town of Vail. D. Other Planning and Environmental Commission Actions The Planning and Environmental Commission also voted to approve the conditional use permits for the multiple-family dwelling units and the proposed private parking club on July 23, 2001, subject to the adoption of Ordinance No. 24, Series of 2001 by the Town Council. The Planning and Environmental Commission is the final reviewing board on these issues. On August 13, 2001, the Planning and Environmental Commission voted to approve the parking management plan for the Vail Gateway, subject to the following condition: That a staff report regarding the parking situation is transmitted to the PEC within one year or when the office space is leased at 75% of capacity. II. STAFF RECOMMENDATION The Department of Community Development recommends the Vail Town Council approve (via Ordinance No. 24, Series of 2001) the applicant's request for a major amendment to Special Development District No. 21, the text amendment to Section 12- 7E-4 and 12-2-2 to allow for the addition of private club as a conditional use in the Commercial Service Center zone district and the addition of a definition thereof, and the request for a rezoning to amend the underlying zoning of the Vail Gateway from Commercial Core I to Commercial Service Center, subject to the following findings: 1. That the proposed amendment to the special development district complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. The applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. 2. That the proposed amendments are consistent with the development objectives of the Town of Vail as stated in the Vail Land Use Plan. 3. That the proposal is consistent and compatible with existing and potential uses within Vail and generally in keeping with the character of the Town of Vail. 4. That the proposed zoning of Commercial Service Center is suitable with the existing land use on the site and adjacent uses. 5. That the amendment presents a convenient workable relationship with land uses consistent with municipal objectives. 6. That the rezoning provides for the growth of an orderly viable community. That the change is consistent with the Land Use Plan. 3 Staff's recommendation of approval of includes the following conditions: 1. That the applicant completes each of the items listed below regarding basic maintenance and improvements prior to the issuance of a T.C.O. for any of the units (residential or office) within the Gateway: • All of the signs for the businesses that are no longer located within the building shall be removed. • The sidewalk on the north side of the building shall be repaired • The floodlights on the northwest corner of the building shall be removed. • The stairwell on the east side of the building shall be cleaned and repaired. • The lattice on the east side of the building shall be repaired. 2. That the Developer coordinate efforts with the owners of Vail Plaza Hotel to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve potential loading and delivery concerns at the Gateway. If a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. 4 MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: July 23, 2001 SUBJECT: A request for a rezoning from Commercial Core I to Commercial Service Center, a major amendment to Special Development District No. 21, a text amendment to Section 12-7E-4 of the Vail Town Code, to allow for private clubs as a conditional use in the Commercial Service Center zone district, a conditional use permit for a private parking club in the Commercial Service Center zone district, and a conditional use permit to allow for residential dwelling units in the Commercial Service Center zone district, located at 12 Vail Road / portions of lots O and N, Block 5D, Vail Village 1" Filing. Owner: Mountain Owners, L.P. Applicant: Timberline Commercial Real Estate, represented by Braun Associates, Inc. Planner: Allison Ochs 1. INTRODUCTION TO THE REQUEST The applicant, Mountain Owners, L.P., has submitted an application to the Department of Community Development for the Vail Gateway, located at 12 Vail Road. The proposal consists of three major elements: 1. Allowing office uses and other commercial uses on. the first level of the building, 2. Adding two residential dwelling units and 4,345 sq. ft. of GRFA, and 3. Allowing a private parking club within the building. These three elements of the proposal require the following processes: 1. A rezoning of the underlying zoning of Commercial Core I to Commercial Service Center. This is discussed in Section V of this memorandum. 2. A major amendment to Special Development District No. 21, to allow for the changes in development standards as prescribed by the special development district. This is discussed in Section VI of this memorandum. 3. A text amendment to Commercial Service Center to allow for a private club as a conditional use. This is discussed in Section VIII of this memorandum. 1 4. A conditional use permit for a private club. The private club proposed is a private parking club, which would allow parking on the site to be available for private use. This is discussed in Section VII of this memorandum. 5. A conditional use permit to allow for residential dwelling units in the Commercial Service Center zone district. Multiple-family dwellings are a conditional use in the Commercial Service Center zone district. This is discussed in Section VII of this memorandum. The Planning and Environmental Commission will be making a recommendation to the Town Council on the rezoning, the major amendment to Special Development District No. 21, and the text amendment to the Commercial Service Center zone district. The Planning and Environmental Commission is the final review board for the conditional use permits. The applicant has identified the following public benefits associated with this application: 1. The proposed application provides for a mix of office and residential uses that are consistent with the goals and objectives of the Town of Vail and the Vail Village Master Plan and which are currently not allowed on the property. The proposal brings the property into conformance with the Vail Village Master Plan. 2. The Town of Vail has had the long held goal of bringing employees back to the Town by increasing the supply of office space within the Town. This application implements this long held goal. 3. The proposal will improve the sales tax generated for the Town of Vail by bringing clients and employees into the Town of Vail who will. in turn spend dollars in retail shops and restaurants whereas today no sales tax is generated by a vacant building. 4. The proposal will inject life and activity into an empty building in a landmark setting within the Town and eliminate the perception of economic instability in the Town. 5. The proposed application provides for uses within the building that will improve the economic stability of the property and prevent an economically distressed property from becoming a physical and . financial burden on the Town of Vail and the property owner. II. STAFF RECOMMENDATION Staff is recommending approval of the rezoning from Commercial Core I to Commercial Service Center, a major amendment to Special Development District No. 21, a text amendment to Section 12-7E-4 of the Vail Town Code, to allow for private clubs as a conditional use in the Commercial Service Center zone district, a conditional use permit for a private parking club in the Commercial Service Center zone district, and a conditional use permit to allow for residential dwelling units in the Commercial Service Center zone district, located at 12 Vail Road / 2 portions of lots O and N, Block 5D, Vail Village 1..s1 Filing, subject to the findings and criteria as outlined in this staff memorandum. The specific findings and conditions associated with each application are listed below: Rezoning from CC1 to CSC Staff is recommending that the Planning and Environmental Commission forward a recommendation of approval of the rezonina from Commercial Core I to Commercial Service Center to the Town Council subject to the following findings: 1. That the proposed zoning of Commercial Service Center is suitable with the existing land use on the site and adjacent uses. 2. That the amendment presents a convenient workable relationship with land uses consistent with municipal objectives. 3. That the rezoning provides for the growth of an orderly viable community. 4. That the change is consistent with the Land Use Plan. Major amendment to SDD #21 Staff is recommending that the Planning and Environmental Commission forward a recommendation of approval of the maior amendment to Special Development District No. 21 to the Town Council, subject to the following findings: 1. That the proposed amendment to Special Development District No. 21, Vail Gateway, complies with the nine design criteria outlined in Section 12-9A-8 of the Town of Vail Municipal Code. The applicant 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. Should the Planning and Environmental Commission choose to recommend approval of the proposed amendment to SDD #21, staff recommends the following conditions: 1. That the applicant completes each of the items listed below regarding basic maintenance and improvements prior to the issuance of a T.C.O. for any of the units (residential or office) within the Gateway: a. All of the signs for the businesses that are no longer located within the building shall be removed. b. The sidewalk on the north side of the building shall be repaired c. The floodlights on the northwest corner of the building shall be removed. d. The stairwell on the east side of the building shall be cleaned and repaired. 3 e. The lattice on the east side of the building shall be repaired. 2. That the applicant enters into an agreement with the Developer of the Vail Plaza Hotel East to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve loading and delivery concerns at the Gateway. Once a coordinated effort is reached the applicant shall submit revised plans to the Town of Vail Community Development Department for review and approval. Should the developer of the Vail Plaza Hotel East not pull a building permit, this condition is eliminated. (Refer to Ordinance No. 4, Series of 2000, for the requirements for the Vail Plaza Hotel East) 3. That the applicant submits an application to the Department of Community Development prior to second reading of an ordinance for a Conditional Use Permit to create housing for a minimum of 8 employees should the required housing be provided on-site. Conditional Use Permit - Multiple-family dwelling units Staff is recommending approval of the conditional use permit to allow for a total of 9 multiple-familv dwellinas at the Vail Gateway, subject to 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. Conditional Use Permit-Private Club Staff is recommending approval of the conditional use permit to allow for a private club at the Vail Gatewav, subject to 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. 4 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. The recommendation of approval is subject to the following conditions: 1. Prior to first reading of the amending ordinance, that the applicant provides a parking plan which identifies the use and type of ownership of each individual parking space. This information will be kept on file with the Department of Community Development. Each space must be signed on the site accordingly. 2. That the approval of the conditional use permit for the private parking club is subject to the approval of the text amendments by the Town Council as outlined in Section Vill of the staff memorandum. 3. That no more than 39 of parking spaces shall be used as part of the private club. Text Amendments Staff is recommending that the Planning and Environmental Commission forward a recommendation of approval of the text amendments of the Vail Town Code to the Town Council, subject to the following findings: 1. That the . proposed amendments are consistent with the development objectives of the Town of Vail as stated in the Vail Land Use Plan. 2. That the proposal is consistent and compatible with existing and potential uses within Vail and generally in keeping with the character of the Town of Vail. III. BACKGROUND AND HISTORY OF THE GATEWAY The Vail Gateway was originally the site of the Amoco Station, previously zoned Heavy Service (HS). In 1988, an application was received to rezone the property from HS to CC1 and approve a Special Development District to facilitate the development of a mixed-use project which included retail, restaurant, commercial, office, and residential uses. Special Development District No.21 (Vail Gateway) was approved by Ordinance No. 9 in 1988. The expressed purpose of adopting SDD #21 was to allow for the rezoning of the property from HS to CC1. CC1 zoning and SDD #21 were adopted to allow for a mix of uses on the property and to allow the development to exceed building height, as otherwise prescribed in the CC1 zone district. Public benefits realized through the adoption of Ordinance No. 9 include, among other things, a pedestrian walkway on the north and west sides of the property, and substantial landscape improvements to the Vail Road and South Frontage Road intersection. The following briefly outlines the Vail Gateway's development history: 5 Januarv 3. 1988 - An application is submitted to the Town of Vail Community Development Department on behalf of Mr. Leo Palmer proposing the establishment of SDD #21. The establishment of the District would-require a rezoning of the property from HS (gas station) to.CC1. Februarv 22. 1988 - The Planning & Environmental Commission held a public hearing to discuss the SDD proposal and the rezoning. In their memorandum to the Commission staff expressed a concern with the proposed bulk and mass of the building and its effects on views to Vail Mountain. The staff further expresses to the Commission that according to the initial work done by Eldon Beck on building heights for the gas station, "The Eldon Beck study does show that building heights for the development of this parcel of land should reach one to two stories." The applicant was requesting a maximum building height of 62 feet. March 9. 1988 - Jeff Winston, the Town's Urban Design Consultant, addresses the Commission. In his presentation, Jeff offered a brief history on the. development of the view corridor for the Vail Village Inn area. The following is the staff recommendation on the request to establish SDD #21: Staff generally supports the mixed use concept proposed in - this redevelopment plan and the concept of the rezoning to CC1. Although it may be considered spot zoning, we feel that the uses are compatible with the adjacent Vail Village Inn Special development District and are appropriate for this location within the community. However," we are not supportive of the uses proposed without the left turn lane and elimination of the surface parking as well as adequate parking provisions. We feel that the general concept of development proposed by the applicant is appropriate and believe that there is an opportunity here to provide an exciting and aesthetically pleasing entrance into Vail. The Community Development Department staff had, however, major concerns with the project as proposed. Staff felt the issues of bulk and mass, height, setbacks, view corridor encroachment and parking were all important issues that must be addressed. The staff recommendation for this project was for the Planning Commission to table and allow the staff and the applicant to work together to try to resolve some of these issues. Staff believed that with adequate resolution of the aforementioned. issues, staff could support this project. However, as presented, staff believed there were major issues that needed to be addressed and could not support this project as presented. Although many of the uses of the Heavy Service District would certainly not be acceptable in this location, staff felt that the existing service station was appropriate to this location. Staff believed that SDD #21 as proposed, presented impacts that were not acceptable. If the applicant wished to move forward with this project as proposed, staff recommendation was for denial. The Commissioners voted 3-4 against a recommendation of approval to the Town Council. The dissenting votes were Hopkins, Schultz, Donovan and Osterfoss. 6 t Aoril 5. 1988 - The Vail Town Council approved Ordinance No. 9, Series of 1988, An Ordinance Rezoning Lot N And A Portion Of Lot O, Block 5D, Vail Village First Filing From Heavy Service District To Commercial Core I An Establishing Special Development District No. 21. In part, the ordinance allowed a maximum height of 54 feet for the Vail Gateway Plaza building and the further encroachment of a building into the view of Vail Mountain from the four-way intersection. July 29. 1996 - An application is submitted to the Town of Vail Community Development Department, on behalf of Charles R. Lipcon, proposing a major amendment to SDD #21. The purpose of the amendment is to enclose an existing deck (460 sq. ft.) on the east side of the upper level of Condominium Unit No. 5. Auaust 26. 1996 - The Planning & Environmental Commission held a public hearing to evaluate the major amendment request. The Building Height Plan shows the Gateway Building at 5 stories, and indicates that it does not conform to the plan (story height at 9 feet). The elevation of the existing ridge was 54 feet above grade along the south elevation. The applicant wished to extend this ridge line approximately 28 feet to the east. This raised the height of the building in the notch area. Staff believed that the additional height was not detrimental given the mass, bulk and height of the entire building. Following discussion of the request, the Planning & Environmental Commission voted unanimously (7-0) to recommend approval of the major amendment request to the Vail Town Council. October 1. 1996 - The Vail Town Council adopted Ordinance No. 17, Series of 1996, An Ordinance Providing For The Major Amendment Of Special Development District No. 21, Vail Gateway, Amending An Approved Development Plan For Special Development District No. 21 In Accordance With Chapter 18.40 Of The Vail Municipal Code. In adopting the ordinance, the Council found, in part, that it: Meets the Design Standards as set forth in Section 18.40 of the Municipal Code... and that the major SDD amendment request is in compliance with the goals and objectives of the Vail Comprehensive Plan, as well as the purpose section of the SDD Overlay Zone District. IV. ZONING ANALYSIS Please refer to the attached analysis. V. REZONING REQUEST-CRITERIA FOR EVALUATION The applicant is requesting a rezoning the Vail Gateway, located at 12 Vail Road, a portion of Lots O and N, Block 5D, Vail Village 1" Filing, from Commercial Core 1 (CC1) to Commercial Service Center (CSC). The property, should the rezoning be approved, would then be zoned SDD #21 with an underlying zoning of CSC. 7 The criteria for a rezoning are described in Chapter 12-3-7 of the Town Code and discussed in detail below: A. Is the existing zoning suitable with the existing land use on the site and adjacent land uses? The Gateway is currently zoned SDD #21, with an underlying zoning of CC1. Ordinance No. 9, Series of 1988, approved the special development district, rezoning the property from Heavy Service (HS) to CC1, and setting forth the development standards for the property. With the underlying zoning of CC1, the uses of the property are limited by horizontal zoning. The only deviation from the current underlying zoning is from the height requirement. The purpose of the CC1 zone district is: The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate. to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. The applicant has requested a rezoning of the underlying zoning from CC1 to CSC. The deviations from the CSC zone district include: GRFA, setbacks, landscape area, and building height. The purpose of the CSC zone district is: The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. There are two properties currently zoned CSC: Crossroads and the Weststar Bank Building (SDD #23 with underlying zoning of CSC). CSC differs from CC1 primarily in that it does not vary the allowable and conditional uses in a building by story. In addition, CSC has different development standards than CC1. 8 Staff believes that the CSC zone district is compatible with the existing and proposed uses on the site and with adjacent land uses. Adjacent properties include the proposed Vail Plaza Hotel East (Special Development District with underlying zoning of Public Accommodation), the proposed Vail Plaza Hotel West (Special Development District with underlying zoning of Public Accommodation), and the Alpine Standard Station (Heavy Service). CSC allows for similar uses to the CC1 zone district, but does not have the same horizontal zoning requirements. The CSC zone district has been attached for reference. Staff does not believe that the uses allowed by CSC will have any detrimental effects on adjacent uses. However, the development standards prescribed by the CSC zone district tend to be more stringent that those of CC1. As a result, the deviations required from the underlying zoning will be greater. The deviations are discussed more fully in Section VI of this memorandum. Staff believes that due to its distance from the Village Core, CC1 is not appropriate for this site. With the designation of "Mixed Use" in the Vail Village Master Plan, staff believes that CSC is more appropriate for the Vail Gateway. B. Is the amendment presenting a convenient workable relationship with land uses consistent with municipal objectives? Staff believes that the change from CC1 to CSC presents a convenient workable relationship consistent with municipal objectives. The change in zoning allows for similar uses to what is allowed with CC1, but allows greater flexibility in the location of these uses. In addition, the allowable density of the property is reduced from 13 units to 9 units, the allowable GRFA is reduced from 80% to 40%, site coverage is reduced from 80% to 75%, landscape area is increased from no requirement to 20%, and the required lot area is increased from 5,000 sq. ft. to 20,000 sq. ft. Staff believes it is necessary to state that the change from CC1 to CSC does result in a structure that does not conform to the development standards as prescribed by CSC zoning. However, an amendment to the SDD allows for devaitions from the development standards provided that the public benefits of the proposal outweigh any adverse effects of the proposed deviations. This process is described in Section VI of this memorandum. C. Does the rezoning provide for the growth of an orderly viable community? Because CSC does not include horizontal zoning, but allows for many of the same uses as CC1, staff believes that CSC will provide for the growth of an orderly, viable community. The lack of tenants in the Vail Gateway indicates that the uses allowed under CC1 are not viable in this location. Staff believes that the uses proposed with CSC zoning will be more viable. However, because the uses of the building have gone from retail 9 I and restaurant uses to office uses, there will be a loss of potential sales tax revenue. CSC does allow the flexibility for these uses to return. D. Is the change consistent with the Land Use Plan? The Vail Land Use Plan identifies the Vail Gateway as part of the Vail Village Master Plan, which is discussed in detail below. Staff has identified the following goals and objectives from the Vail Land Use Plan which staff believes are applicable to this proposal: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.8 Day skiers need for parking and access should be accommodated through creative solutions such as: a) Increased busing from out of town. b) Expanded points of access to the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. d) Addition of structured parking. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More nighttime businesses, on-going events and sanctioned "street happenings" should be encouraged. 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 10 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 4.4 The connection between the Village Core and Lionshead should be enhanced through: a) Installation of a new type of people mover. b) Improving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, and/or sculpture plaza. c) New development should be controlled to limit commercial uses. 5.1 Additional residential growth should continue to occur primarily in existing, platted 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, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace 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. The Vail Village Master Plan identifies the property as "Mixed Use". The Vail Village Master Plan defines "mixed use" as This category includes the "historic" Village core and properties near the pedestrianized streets 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 the Vail Village. Specifically regarding the Gateway property, the Vail Village Master Plan, in part, states: "If existing approval expires this site should be studied to determine best use." Staff has identified the following goals and objectives from the Vail Village Master Plan which effect this proposal: 11 Goal #1- Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.2.1 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. Goal #2 - To foster a strong tourist industry and promote year- around economic health and viabilty for the Village and for the community as a whole. 2.1 Objective Recognize the variety of land uses found in the 10 sub-areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.4 Objective: Encourage the development of a variety of new commercial activity where compatible with existing land uses. 2.5 Objective: Encourage the continued upgrading, renovation, and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. Goal #5 - Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation system throughout the Village. 5.1 Objective: Meet parking demands with public and private parking facilities. 5.1.3 Policy: Seek locations for additional structured public and private parking. Staff believes that the rezoning from CC1 to CSC is consistent with the goals and objectives of the Vail Land Use Plan and the Vail Village Master Plan. VI. THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT PROCESS The applicant is also requesting a major amendment to SDD #21. The only deviation from underlying zoning when the.Gateway was originally approved with CC1 as the underlying zone district was from the height restrictions. The public benefit identified for the SDD was a pedestrian walkway on the north and west sides of the property. At the time, no employee housing units were required 12 With the major amendment to the SDD, no exterior changes are proposed. The addition of GRFA and the change in the underlying zoning from CC-1 to CSC require a major amendment to the SDD. It is important to note that with the change from CC1 to CSC, the deviations from the underlying zone district of CSC are greater than those from CC1. Specifically, the deviations are for GRFA, setbacks, building height, and landscape area. According to Section 12-9A-9 of the Zoning Regulations: Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the Town Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before . the Town Council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in Section 12-9A-8 of this Article. Chapter 12-9 of the Town of Vail Municipal Code provides for the amendment of existing Special Development 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 most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding. development and uses of property included in the Special Development District. According to Section 12-9A-2, a major amendment to a Special Development District is defined as, Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this Section), except as provided under Sections 12-15-4, "Interior, Conversions", or 12-15-5, "Gross Residential Floor Area (250 Ordinance)" of this Title. The Municipal Code provides a framework for the amendment of an established Special Development District. According to the Municipal Code, prior to site preparation, building construction, or other improvements to land within a Special Development District, there shall be an approved development plan for the Special Development District. The approved development plan establishes 13 requirements regulating development, uses and activity within the Special Development District. Upon final review of a proposed major amendment of an existing Special Development District, a report from the Planning and Environmental Commission stating its findings and recommendations and a staff report shall be forwarded to the Town Council, in accordance with the provisions listed in Section 12-16-6 of the Municipal Code. The Town Council's consideration of the Special Development District shall be in accordance with the provisions of the Municipal Code and approved•by two readings of an ordinance. An approved development plan is the principal document in guiding the development, uses and activities of the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan, parking plan, preliminary open space/landscape plan, densities and permitted, conditional and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Special Development District, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Municipal Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The staff has addressed each of the nine SDD review criteria below: 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. No changes are proposed to the exterior of the building. Therefore, staff does not believe that this criterion applies to this major amendment to the SDD. However, there are some general maintenance concerns that staff has identified and believe should be conditions of approval: 1. All of the signs for the businesses that are no longer located within the building shall be removed. 2. The sidewalk on the north side of the building shall be repaired 3. The flood lights on the northwest corner of the building shall be removed. 14 4. The stairwell on the east side of the building shall be cleaned and repaired. 5. The lattice on the east side of the building shall be repaired. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposal to redevelop the Vail Gateway include the conversion of existing retail and restaurant space into office space, the addition of two dwelling units, and the addition of a private parking club. The density allowed by CSC zoning is 18 dwelling units per acre, or 9 dwelling units allowed on this site. The applicant is proposing 9 dwelling units, which is equal to 16.2 dwelling units per acre. Staff believes that these uses are compatible with the surrounding uses, which include the Vail Plaza Hotel East (proposed), the Vail Plaza Hotel West (proposed), and the Alpine Standard. The Vail Plaza Hotel East is proposed at 12.7 dwelling units per acre. The Vail Plaza Hotel West is proposed at 6.47 dwelling units per acre. Currently, the HS zoning of the Alpine Standard does not allow any residential uses on the site. The conditional use permits required for the dwelling units and private parking club are discussed in Section VII of this memorandum. Emplovee Housina Reauirements As indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for Special Development District proposals. In reviewing the proposal for employee housing needs, staff relied on the Town of Vail Employee Housing Report. This report has been used by the staff in the past to evaluate employee housing needs. The guidelines contained within the report were used most recently in the review of the Vail Plaza Hotel West development proposal. The Employee Housing Report; was prepared for the Town by the consulting firm Rosall, Remmen and Cares. The report provides the recommended ranges of employee housing units needed based on the type of use and the amount of floor area dedicated to each use. The figures identified in the Housing Report are based on surveys of commercial-use employment needs of the Town of Vail and other mountain resort communities. For comparison purposes, Telluride, Aspen and Whistler B.C. all have "employment generation" ordinances requiring developers to provide affordable housing for a percentage of the "new" employees resulting from commercial development. "New" employees are defined as the incremental increase in employment needs resulting from commercial redevelopment. • Each of the communities assesses a different percentage of affordable housing a developer must provide for the "new" employees. For example, Telluride requires developers to provide housing for 40% (0.40) of the "new" employees, Aspen requires that 60% (0.60) of the "new" employees are provided 15 housing and Whistler requires that 100% (1.00) of the "new" employees be provided housing by the developer. In comparison, Vail has conservatively determined that developers shall provide housing for 15% (0.15) or 30% (0.30) of the "new" employees resulting from commercial development. When a project is proposed to exceed the density allowed by the underlying zone district, the 30% (0.30) figure is used in the calculation. If a project is proposed at, or below, the density allowed by the underlying zone district, the 15% (0.15) figure is used. This special development district major amendment proposal exceeds the density (GRFA is considered a measure of density) permitted by the underlying zone district, and therefore, the 30% figure shall be used. However, for the existing development which did not exceed density, the 15% figure is used. EMPLOYEE HOUSING GENERATION ANALYSIS When SDD #21 was originally approved, no employee housing units were required. The applicant is proposing no employee housing units in conjunction with this major SDD amendment. Staff believes that there is a defined town objective addressing the public need for employee housing. Recent SDDs and SDD major amendments have required EHUs, including, but not limited to: SDD #35 - Austria Haus: 7 EHUs SDD #31 - Golden Peak House: 2 EHUs SDD # 7 - Marriott Mark: 6 EHUs SDD #30 - VAC: 5 EHUs SDD #36 - Vail Plaza Hotel West: 14 EHUs The staff analysis below indicates the top, the middle and the bottom of the ranges recommended by the Town of Vail Employee Housing Report, as well as a staff recommended figure which was used in determining the employee housing needs of the Vail Gateway. Staff is providing the Employee Housing Generation Analysis for the existing development and the proposed changes: Existing Development - Bottom of Range Calculations: a) Retail/Service Commercial =6,904 sq. ft. @(5/1000 sq. ft.) _ 34.52 employees b) Multi Family (Club Units) =7 units @(.4/unit) _ 2.8 employees c) Bar/Restaurant =9,444 sq. ft. @ (5/1000 sq. ft.) _ 47.22 employees Total Employees 84.54 = employees (X 0.15 multiplier) 12.7 = new employees Existing Development - Middle of Range Calculations: 16 a) Retail/Service Commercial =6,904 sq. ft. @(6.5/1000 sq. ft.) _ 44.88 employees b) Multi Family (Club Units) =7 units @(.4/unit) _ 2.8 employees c) Bar/Restaurant =9,444 sq. ft. @ (6.5/1000 sq. ft.) _ 61.39 employees Total Employees 109.07 = employees (X 0.15 multiplier) 16.4 = new employees Existing Development - Top of Range Calculations: a) Retail/Service Commercial =6,904 sq. ft. @(8/1000 sq. ft.) _ 55.23 employees b) Multi Family (Club Units) =7 units @(.4/unit) _ 2.8 employees c) Bar/Restaurant =9,444 sq. ft. @ (8/1000 sq. ft.) _ 75.5 employees Total Employees 133.53 = employees (X 0.15 multiplier) 20.0 = new employees Proposed Development - Bottom of Range Calculations: a) Office: Professional/Other =12,813 sq. ft. @(5/1000 sq. ft.) _ 64.07 employees b) Multi Family (Club Units) =9 units @(.4/unit) _ 3.6 employees Total Employees 67.67 = employees (X 0.30 multiplier) 20.3 = new employees Proposed Development - Middle of Range Calculations: a) Office: Professional/Other =12,813 sq. ft. @(6.5/1000 sq. ft.) _ 83.28 employees b) Multi Family (Club Units) =9 units @(.4/unit) _ 3.6 employees Total Employees 86.88 = employees (X 0.30 multiplier) 26.1 = new employees Proposed Development - Top of Range Calculations: a) Office: Professional/Other =12,813 sq. ft. @(8/1000 sq. ft.) _ 102.50 employees 17 b) Multi Family (Club Units) =9 units @(.4/unit) _ 3.6 employees Total Employees 106.1 = employees (X 0.30 multiplier) 31.8 = new employees Staff Recommended Ranae Calculations: The analysis above has been provided for comparison and discussion purposes. Staff acknowledges that employee numbers determined as a result of the methodology may be inconsistent with numbers generated for other redevelopment proposals. However, in the absence of any other codified or reasonably accepted methodology, or a proposal from the applicant, this approach was used as a basis for discussions. Arguably, staff agrees that other methods of determination could be used to calculate employee housing needs. Most importantly, staff believes that the Town of Vail has consistently required applications for redevelopment within Special Development Districts to mitigate development impacts. Staff acknowledges that number of units.required for final approval has not always equaled the number determined as a result of the employee generation analysis. Because of the change in uses, staff believes that the proposal for the Vail Gateway will reduce the number of employees generated by 16.87 employees (from 84.44 to 67.67). To be consistent in the application of requiring employee housing to mitigate development impacts and to address the identified public interest, staff recommends that the applicant for the Vail Gateway proposal be required to provide employee housing. Staff acknowledges that there will be an overall reduction in the potential number of employees on the Vail Gateway site as a result of this redevelopment proposal. However, staff recognizes that the original SDD approval did not require, nor did the applicant provide, any employee housing. Fundamentally, staff believes that this applicant should be required to address the impacts of development on this site. The exact number of units or beds to be required should be discussed. The Vail Gateway redevelopment application proposes to exceed the allowable density (GRFA is a measure of density) on the site, and therefore, the 30% multiplier was used in the determination of employee generation. Under CC1 zoning, the Vail Gateway did not exceed density, so the 15% multiplier was used. The difference in the number of employees requiring housing is 7.6. This is based on the use of the Vail Gateway as professional offices that generate the need for year-round employees. Depending upon the size of the employee housing unit provided, it is possible to have up to two employees per bedroom. For example, a two- bedroom unit in the size range of 450 - 900 square feet, is possible of accommodating three to four employees. These figures are consistent 18 with the requirements for the Type III employee housing units outlined in the Municipal Code. The applicant is proposing no employee housing units in conjunction with the proposal. Again, staff recommends that it is necessary for the applicant to provide employee housing to be, consistent in our application of requiring the mitigation of development impacts. Overall, staff believes that the density and uses proposed by the applicant for the Vail Gateway do not conflict with the compatibility, efficiency or workability of the surrounding uses and/or activities. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Town of Vail Municipal Code. Parkinq The applicant exceeds the parking requirement as outlined in Chapter 12- 10 of the Town Code. According to Chapter 12-10, the applicant is required to provide 47 parking spaces. According to the existing plans on file with the office of Community Development, there are 93 spaces in the parking structure. On site, there are currently 92 spaces in the parking structure. Of these, 42 are tandem spaces. Tandem spaces are allowed for valet parking and for residential parking. The applicant is proposing that the private parking club will utilize 39 parking spaces. The current parking requirement for dwelling units at the Vail Gateway is 1.4 per unit. However, the applicant is allocating 2 spaces per unit. Valet services will be provided. Staff is recommending a condition for a parking plan that clearly indicates which uses specific parking spaces will be reserved for. According to the Town Code, the proposed uses require 47 parking spaces. There are currently 92 spaces in the parking structure. The applicant is proposing that a maximum of 39 of the spaces will be used for the parking club, leaving a remainder of 6 spaces. This will allow for any future expansions or changes in use that would require additional parking to be accommodated on site. Loadinq The applicant is not currently proposing any changes to the loading situation at the Vail Gateway. However, there is a condition of approval for SDD #6, Vail Village Inn, which states: That the Developer coordinate efforts with the owners of the Gateway Building to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve potential loading and delivery concerns at the Gateway. If a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. Staff recommends that a similar condition be placed on the Vail Gateway regarding a combined loading and delivery system for the Vail Gateway 19 and the Vail Plaza Hotel. This will eliminate loading and delivery traffic from Vail Road, locating it instead on the Frontage Rd. and addresses the concern of the Gateway residential owners that the current loading and delivery facility for the Gateway has negative impacts on their enjoyment of the residential units. The implementation of the recommended condition may cause a reduction in the number of parking spaces available for the use of the private club. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. A complete analysis of the Vail Land Use Plan and Vail Village Master Plan are in Section V of this memorandum. The applicant is proposing no exterior changes as this time. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. There are no natural and/or geologic hazards that effect the applicant's 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 applicant is not proposing any exterior changes to the building. Therefore, staff believes that this criterion is not applicable to this application. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Staff believes that the existing circulation system is appropriate for the change in use. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. No exterior changes are proposed. Staff feels that the existing landscaping and open space are satisfactory. 1. 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 project. 20 VII. CONDITIONAL USE PERMIT REVIEW CRITERIA The issuance of a conditional use permit is required to allow for the residential dwelling units and the private parking club at the Vail Gateway. The applicant is proposing a total of 9 dwelling units on the site. The applicant is also proposing that 39 of the parking spaces on site be utilized as part of a private parking club. In addition, 240 sq. ft. of the building is allocated to the use of the parking club, providing guest services to the club members, including ski storage and restrooms. The review criteria for a request of this nature are established by the Town of Vail Municipal Code. The proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Title 12, Chapter 16. For the Planning and Environmental Commission's reference, the conditional use permit purpose statement indicates that: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. A. Consideration of Factors: 1. Relationship and impact of the use on development objectives of the Town. Multiole-familv dwellinas: The establishment of 'a Special Development District does not allow a proposal to vary the uses of the underlying zoning. Multiple-family dwellings are considered a conditional use in the CSC zone district. The applicant is proposing 9 dwelling units on the property. Staff has identified the following objectives from the Vail Land Use Plan which staff believes are applicable to the conditional use permit request for the existing and proposed multiple-family dwellings: 5.1 Additional residential growth should continue to occur primarily in existing, platted 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, assisted by limited 21 incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace 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 believes that the multiple-family dwellings meet the objectives of the Town of Vail. However, staff believes that it is necessary to provide employee housing with this development. Type III Employee Housing Units should be developed as part of the new residential GRFA that is proposed. Private club: The applicant is proposing a private parking club which, if the text amendment to CSC is approved, is considered a conditional use in the CSC zone district. A similar product can be seen at Golden Peak. Staff has identified the following objective from the Vail Land Use Plan which staff believes are applicable to the conditional use permit request for the private parking club: 2.8 Day skiers need for parking and access should be accommodated through creative solutions such as: a) Increased busing from out of town. b) Expanded points of access to the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. d) Addition of structured parking. In addition, staff has identified the following goals and objectives from the Vail Village Master Plan which are applicable to this project: Goal #5 - Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation system throughout the Village. 5.1 Objective: Meet parking demands with public and private parking facilities. 5.1.3 Policy: Seek locations for additional structured public and private parking. 22 Staff believes that the provision of additional private parking through the parking club is a benefit to the Town of Vail by eliminating some of the pressure on the public parking facilities. In addition, the Vail Transportation Master Plan identifies the following goal: Retain the private parking supply as an important and needed element. 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. Multiple- family dwellinas: The additional dwellings are created by infilling an existing vaulted space within the Vail Gateway. Staff does not believe that there will be any negative effects of the use on light and air. The density proposed is within the allowable density for the CSC zone district. CSC allows for 9 dwelling units on this site. The applicant is proposing 9 dwelling units on site. Staff does not believe that there will be any adverse effects on the above listed criteria. Private club: The private parking club will a positive impact on the above-mentioned criteria. The provision of private parking lessens the need for additional public parking facilities. 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. Multiple-familv dwellinas: As stated above, the additional dwelling units will be created by the infill of an interior space. Staff does not believe that the additional dwelling units or existing 7 dwelling units will have any adverse effects on the above listed criteria. Private club: As stated above, staff believes that the private parking club will be beneficial. It uses an underutilized parking structure. 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. Multiple-familv dwellinas: Staff does not believe that the addition of 2 dwelling units, nor the existing 7 dwelling units will have a negative effect on the character of the area. Adjacent properties include other mixed use developments (Vail Plaza Hotel East and West). While there are no current plans to redevelop the Alpine 23 Standard, discussions with the owner have also indicated that a redevelopment would include a mixed-use product which would include residential dwelling units. Because there are no exterior changes proposed, staff does not believe that there will be any adverse effects on surrounding uses. Private club: Staff does not believe that the private parking club will have any negative effects on the character of the neighborhood. The parking spaces currently exist on site. B: FINDINGS The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 2. That the proposed location of the use Js 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. VIII. REVIEW CRITERIA AND FINDINGS FOR ZONING CODE AMENDMENTS In addition to the rezoning request, the applicant has requested an amendment to the Commercial Service Center zone district, allowing private clubs as a conditional use in the zone district. Currently, the zoning code defines "private" . as "A use, area, property or facility which is not public." The zoning code currently allows private clubs as a conditional use in the following zone districts: Residential. Cluster Low Density Multiple Family Medium Density Multiple Family Public Accommodation Ski Base Recreation In addition to amending the code to allow for private clubs as a conditional use in the CSC zone district, staff is also proposing a definition of a private club. This will allow for greater clarification in other situations. The following amendments are proposed: 12-7E-4: CONDITIONAL USES: Private Club 24 12-2-2: DEFINITIONS Private Club: an association of persons and its premises who are bonafide members paying dues, use of such premises being restricted to members and their guests. The review criteria for a request of this nature are established by the Town of Vail Municipal Code. A. Consideration of Factors: 1. That the proposed amendments are consistent with the development objectives of the Town of Vail as stated in the Vail Land Use Plan. As a conditional use, the addition of a private club will be subject to the following review criteria: 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. The addition of a definition of "private club" will clarify the use in all situations. Staff believes that this will improve the development review process for both applicants and staff. 2. That the proposal is consistent and compatible with existing and potential uses within Vail and generally in keeping with the character of the Town of Vail. Again, staff believes that as a conditional use, subject to the above review criteria by the Planning and Environmental Commission, private clubs can be reviewed for compatibility with existing and potential uses within the Town in the CSC zone district. 25 IV. Zoning Analysis for SDD #21, Vail Gateway-July 9, 2001 Located at 12 Vail Road / Portions of Lots O and N, Block 5D, Vail Village 1St Filing Development Allowed by CCI zone Approved by SDD Existing Allowed by Proposed Deviation Standard district #21 Proposed CSC zone from CSC district Lot area 5,000 sq. ft. 24,154 sq. ft. 24,154 sq. ft. or 20,000 sq. ft. No change None .5545 acres Frontaqe 130 ft. 1150 ft. 1150 ft. 1100 ft. min I No chanqe I None Setbacks Est. by Vail Village 18 ft. 18 ft. 20 ft. (all sides) No change +2 ft. Design Considerations 20 ft. 20 ft. none 15 ft. 15 ft. +5 ft. 1 ft. 1 ft. +19 ft. Height Est. by Vail Village 54 ft. 54 ft. 35 ft. flat / 38 ft. No change +16 ft. Design Considerations sloping (70% deviation) Density 25 du/acre 03 units) 7 du 7 du 18 du/acre (9 units) 9 du I None GRFA 80% buildable 12,815 sq. ft. 12,815 sq. ft. 40% buildable (not to 17,160 sq. ft. +7,498 sq. (19,323 sq. ft.) exceed 50% of total ft. floor area) or 9662 sq. ft. (56% deviation) Site Coveraqe 80% (19,323 sq. ft.) 64% (15,459 sq. ft.) 64% (15,459 sq. ft.) 75% (18,116 sq. ft.) No chanqe None Landscaping Est. by Vail Village 5.4% (1,309 sq. ft.) 5.4% (1,309 sq. ft.) 20% (4,831 sq. ft.) No change -3,522 sq. ft. Design Considerations (369% deviation) Parking 63 spaces (current 93 parking spaces 92 spaces 47 spaces ( No change None uses) 13 s^uces for residential 34 spaces for office Loadinq 1 berth 1 berth 1 berth 1 berth No change None Application Supplement For Amendments to the VAIL GATEWAY BUILDING Town of Vail, Colorado June 11, 2001 1. Introduction The Vail Gateway Building was originally proposed in the late-1980's and during the review of the project there was a great deal of debate regarding how this parcel of land should be developed. The parcel's location at the "gateway" to Vail Village made it a very strategic parcel of land, however it's physical separation from the Village's pedestrian corridors presented a number of other challenges. Ultimately the project was approved as Special Development District No. 21 with an underlying zoning of Commercial Core 1 (CC I) and in the early 1990's the Gateway Building was opened with a mixture of retail shops, restaurants and residential condominiums. Over the past 11 years it has become apparent that the retail and restaurant aspects of the project simply do not work. At the time of this application all restaurant and retail spaces within the building are vacant. Reasons for the failure of businesses; within the building cannot be attributed to any one source, however it seems very evident that the site's isolation from the pedestrian areas along Meadow Drive and the Village core make it difficult to attract pedestrians to the project. While only one block off of Meadow Drive, the Gateway Building is apparently too far "off the beaten path" to sustain retail and restaurant uses. All commercial space within the building is owned by one entity (the six residential units are owned by individual owners). In response to the failure of retail and restaurant uses, the owner of the commercial space has spent the past year evaluating a variety of different development programs in an attempt to revitalize what can only be described as a distressed property. Existing zoning of the property has proven to be a major constraint to assembling a feasible re-development program for the building. The fundamental problem with the revitalization of the building has proven to be the CC1 underlying zoning. As with any SDD, the underlying zoning establishes permitted and conditional uses for the property. The CCI district essentially allows for only retail and restaurant uses on street level. While this zoning was deemed appropriate for the original developers concept for the building,. history has demonstrated that retail and restaurant uses are not viable. Due to the limited range of uses permitted on the street level, the CC1 zone district presents a major constraint to the revitalization of this building. Vail Gateway Building, Vail, Colorado Page 1 Braun Associates, Inc. The proposed revitalization of the building is intended to provide viable commercial activity in this mixed-use area of the Town and would be accomplished primarily by simply broadening the range of commercial uses permitted within the building. The major elements of this revitalization proposal include the following: • A change to underlying zoning in order to allow for office and other commercial uses on the street level of the building, • The addition of two residential dwelling units on the third floor, • Establishment of a "parking club" within the building, and • All proposed modifications will take place within the existing building, i.e. no physical expansions of the building are proposed. The zone change is intended to allow for office use on the street level of the building and will also maintain the mixed-use character of the building. At the salve time, this change will allow for a use (office) that is not dependant upon pedestrian traffic. Employees, visitors, and activity will be introduced to the site that at the same time will help support other retail and commercial businesses in the surrounding area. The parking club concept was developed in response to the over abundance of parking already existing on the property (after accounting for the changes in potential uses, the property will have a surplus of 39 parking spaces). The applicant believes that this can be a successful use for the property by providing guests and residents the opportunity for "close-in" parking and club amenities, thus reducing demands placed on the town's parking structures. The proposed residential units on the third floor represent a limited expansion of a land use that has proven to be a viable use on the site. Total project density will be within the density levels originally approved by SDD No. 21. The proposed re-development package, taken as a whole, provides a win-win solution for both the owner of the building and the community. In order to allow for these changes, the following five applications have been submitted: • Change to the underlying zoning from Commercial Core 1 (CC I) to Commercial Service Center (CSC). This change will allow for office uses on the ground floor of the building. The CSC district is a more appropriate zoning for the property based on the Town's Land Use Plan and Vail Village Master Plan. • Major amendment to SDD No. 21. This amendment will allow for minor changes to the development plan and to development standards and also acknowledge the change to the underlying zone district. • Zoning text amendment to the Commercial Service Center zone district. This amendment will allow for "private clubs" as a conditional use. Vail Gateway Building, Vail, Colorado Page 2 Braun Associates, Inc. • Conditional Use Permit application to allow a private parking club on the property. • Conditional Use Permit application to allow the existing and proposed residential uses. The CSC zone district requires a Conditional Use Pennit for residential uses. The following sections provide additional information on each of these five applications. Vail Gateway Building, Vail, Colorado Page 3 Braun Associates, Inc. II. Rezonine from Commercial Core I to Commercial Service Center The change in underlying zoning from Commercial Core 1 to Commercial Service Center is proposed in order to allow for a wider range of uses on the property, specifically the introduction of office uses on street level. With the exception of the "horizontal-use zoning" found in the CC1 district, there are very few differences in permitted and conditional in the CC1 and CSC districts. There are some slight differences in the development standards (i.e. setbacks, building height, etc.) of these two districts. However, SDD No. 21 establishes development standards for this property and as such, any differences between the development standards of CC1 and CSS are academic. The only other site in Vail currently zoned CSC is the Crossroads Plaza. Crossroads is proximate to the Vail Gateway property and also has a very similar context to Vail Gateway. Both sites are located along the Frontage Road and both are located on the periphery of Vail Village. Both properties have been developed as mixed-use projects with office, retail and residential uses. When the Gateway Building was originally proposed the property was zoned Heavy Service and was occupied by a gas station. Not long after the Gateway Building was approved, the Vail Village Master Plan (VVMP) was adopted. This Plan designated the Gateway site as "mixed use". The Plan also defined a portion of the Village as Commercial Core 1 and the Gateway Building was not included within this area. As such, the current CCl zoning is in conflict with the land use designation of the VVMP. The proposed change to CSC would be consistent with the VVMP's mixed-use designation and bring the property into greater compliance with the Plan. The criteria which the Town uses to evaluate a rezoning request include: 1) Is the proposed zoning suitable with the existing land uses on the site and adjacent land uses? Response: The uses listed in the CSC zone district are nearly the same as those contained in the CC] district. The location of uses within the building differs in that the CSC zone allows office uses on any level of a building. In terms of compatibility, the CSC zone district is consistent and complementary of the uses located on-site and on neighboring properties. The proposed CSC zoning will continue to allow mixed uses consistent with the Vail Village Master Plan and the Vail Land Use Plan. 2) Is the amendment preventing a convenient workable relationship with land uses consistent with municipal objectives? Vail Gateway Building, Vail, Colorado Page 4 Braun Associates, Inc. Response: The proposed CSC zone district will provide for mixed-use development consistent with the Vail Village Master Plan. 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' : M.B'a'aY +^b':t•.::':t3 iiaa::-$'~V -.t ~ ...~"~'y.~.."/" ~•~-:z.:...,..., r"--' _ ~'^`....,,r, ,_._,-.i:-,r M."--• e .r'"" - ^wtiy,:~,^--aa:c=..N'.;~'~qu,.y~ ' .+'a:.::. < ; ,r ` a---^-`~ Ay-` ..T,^ ,mot > °-'~.w~d~a ~ .:.;~r.r v„„ ia._.'_"•,+.a.l",• k'`"`ti; ':a"~`'~'~`~.•y,~,~4wM ,'S"' t r - Y"': ~-~K _"""mow..`:... s, `H~',^;:~~ty'.•,,,w:='. . .c .mow 'r'`',~•' _....xa-`rar---"-^ a ..x•:.;;17ty.sr'P'i' -"`r- -.`e.°" •-°°ti-°..^\-ti\°'^. _ • J' 's ~ "gym .^~l::R:c»~':~,~,a,A~.... .-r»::,..q*~-:wmvlY .,,.`•°•.....,_,.„.,~...•"~""„`N.„,. A 'sue°;5,:=', W - ~ ~ ~"r~ ~y,..:~..`~~..~...w~"''~..=-"~ ~ ~^~"~~",~•~""r.+,c:. ;Lot . 'LEGEND F11-11M FAI~ IPARKIN s ;Ili ! ` I E s MIXED USE MEDtUMIHIGH DENSITY RESIDENTIAL. SK3 BASE J REGREATWN LOW DENSITY RESIDENTIAL This map designates the Vail Gateway Building as "Mixed-Use." . -ter Plan Ter ms _x__..a w - ~ : - ,._w "fir,- • ,.w". v „-.-..,.....ti.... ..a,.«._... ._..,...-~..,...._.,.w."..,...-.~_..;~:.,....•+ - m° R .cue.. ,-,'w_, , . :v w1f~~{lilllRll¦l,iRiFi Ri _ i~liR•,.+.+ GATE r'I \y--^, T.V 1~.1LDI I - i. - i...wf ~aa ~ 1M•`. F w ~ n•. ~ ~ e"-.e".....-'-w., i a'~ . '~w Rr+nXi:'s, ':'.~.m«.m-`r °w. Poe...: .:.,R ~ ,~v max. 'S r ,~#i:.~-:A f ~ ~ S ~ •,5...~,...m x.•~,.x<~ „t.~.~\\\~ A''~«^^^„y;~"{'^'° Ye"Y~ x . ~ ~ Lr"""`W"~1.' i ~ ,ter 'i>,. r~kr'Ct ?S~'S,4"'•' ``~~~r~."k:. «<.«,.,.R.~. !i~ ~ ...,.*,.....aela, r. °•i _``,j~h 3~,.-. ..:o<'c J~ X\ .=w _ ..,~A'-'+~"•..,`......,.-,.-w „'w `~'~~x•.. ~ <'1.. axamw-s«,.{., «w~ =Z~ 4'`K,,7 \"~""W,t f~s..T,•-- or, 1, Its r may,,; 74 w - LEGEND eXY*~~~~~ FAIL VILLAGE MASTER PLAN BOUNDARY AREA INCLUDED IN THE URBAN LX-SIGN GUILE FLAN ' -PERIPHERY/SURROUNDING AREA era < This map shows the Vail Gateway Building outside of the area designated for M zoning.. 3) Does the zoning provide for the growth of an orderly, viable community? Response: The proposed CSC zone district will provide for orderly growth by allowing for uses that are consistent with Town goals. This zone change will also allow the owner greater flexibility in the range of land uses that will be permissible on the property: In doing so, this will provide for a more viable property and a more viable community. 4) Is the change consistent with the Land Use Plan? Response: The proposal complies with the Land Use Plan and the Vail Village Master Plan and specifically the following policies: Vail Land Use Plan: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more effectively. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 5.1 Additional residential growth should continue.to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. Vail Village Master Plan: Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. Vail Gateway Building, Vail, Colorado Page 8 Braun Associates, Inc. 1.2 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. 1.2.1 Policv: Additional development may be allowed as identified by the action plan as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Goal #2 To foster a strong tourist industry and promote year-round economic health and viability for the Village aad for the community as a whole. 2.1 Obiective: Recognize the variety of land uses found in the 10 sub- areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.4 Obiective: Encourage the development of a variety of new commercial activities where compatible with existing land uses. 2.5 Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Goal #5 Increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout the Village. 5.1 Obiective: Meet parking demands with public and. private parking facilities. 5. 1.1 Policv: For new development that is located outside of the Commercial Core 1 Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the Zoning Code. 5.1.5 Policv: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. Vail Gateway Building, Vail, Colorado Page 9 Braun Associates, Inc. III. Maior Amendment to Special Development District No. 21 The Vail Gateway Building was developed in accordance with the provisions of Special Development District No. 21. An amendment to SDD No. 21 is necessary to acknowledge the change in underlying zoning and to allow for one change to the previously approved development plan. Physical changes to the building are limited to interior modifications only. No modifications are proposed to the exterior of the building. As such, there are no changes to building height, setbacks, site coverage, etc. Interior changes include the proposed change of uses, the addition of two new dwelling units and the addition of 4,723 square feet of GRFA. Of these three changes, only the addition of GRFA requires an amendment to the existing SDD (the potential change of uses is addressed by the proposed change in underlying zoning and the addition of two dwelling units does not require an amendment because the existing SDD allows for up to 12 dwelling units and there are only six units currently on the property). SDD No. 21 currently allows for 13,000 square feet of GRFA. Proposed modifications to the building would increase this number to 17,160, or an increase of 4,160 square feet. The vast majority of this new GRFA is a result of converting existing commercial square footage to GRFA. Of the new GRFA proposed, only 963 square feet of the 4,160 square feet is actually new floor area. This new floor area is created by infilling the mezzanine space on the third floor in the old Michael's Restaurant. The proposed amendments to the development plan are in conformance with the Special Development District review criteria, as applicable to this application, as described below: 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. Response: The bulk and scale of the project are already defined by the existing building and therefore the proposed amendments do not have an impact on bulk and mass. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Response: This re-development plan provides for a mixture of office, retail, restaurant, service, and residential uses on the property. The building is located in a "mixed use" area identified by the Vail Village Master. The Vail Gateway Building, Vail, Colorado Page 10 Braun Associates, Inc. uses located on adjacent properties; residential, lodging, retail, and offices, are compatible with the proposed development programn. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Town of Vail Municipal Code. Response: All existing on-site parking and loading facilities will remain unchanged. The proposed changes to uses within the building will, however, significantly reduce the need for parking and loading and delive7y facilities. Excess parking spaces are proposed to be utilized as a parking club. Refer to the attached CUP application for this club. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Response: There are no changes proposed to the exterior of the building and as such this criteria is not relevant. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Response: The proposed amendment has no impact on this criterion. 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. Response: There are no changes proposed to the exterior of the building or the site and as such this criteria is not relevant G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Response: There are no changes proposed to the exterior of the building or site and as such this criteria is not relevant. It is anticipated however, that the proposed changes to the building will result in significantly less vehicular traffic to and from the site. This is primarily due to the elimination of Vail Gateway Building, Vail, Colorado Page 11 Braun Associates, Inc. 3,760 square feet of restaurant space that will be replaced by two residential units. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Response: There are no changes proposed to the exterior of the building or the site and as such this criteria is not relevant. 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Response: There is no phasing proposed with this amendment. Vail Gateway Building, Vail, Colorado Page 12 Braun Associates, Inc. W. Text Amendment to Commercial Service Center Allowing Private Clubs A text amendment to the Commercial Service Center zone district is proposed to allow for "private clubs" as a conditional use. Subject to approval of this text amendment, it is the intention of the applicant to gain approval of a conditional use perrnit for a private club at the Gateway Building. This club would be established to utilize the excess parking spaces within the Gateway Building. Refer to the attached CUP application for additional information on this club. "Private clubs" are currently listed as conditional uses in the following zone districts: Residential Cluster, Low Density Multiple-Family, Medium Density Multiple-Family, High Density Multiple-Family, Public Accommodation, and Ski Base Recreation. Examples of private clubs in Vail include the Vail Athletic Club, the Cascade Club, the Passport Club and the Vail Village Club (now closed). The Passport Club at Golden Peak is a recent example where the Town approved a conditional use permit for a private parking club that was defined as a "private club". Allowing for "private clubs" as a conditional use provides the Town with the ability to review a specific proposal to ensure it is compatible with other uses on the site in the area before permitting the use on the property. This allows the Town ample control over land uses while at the same time allowing the landowner flexibility in the management and use of its property. The proposed text amendment is consistent with permitted and conditional uses in the CSC zone district and appropriate for those specific properties currently designated as CSC. Vail Gateway Building, Vail, Colorado Page 13 Braun Associates, Inc. V. Conditional Use Permit - Private Parking Club There are currently 89 parking spaces within the Gateway Building. This number of spaces was provided in response to the uses originally proposed for the building. Original uses were dominated by restaurant and retail uses that happen to have relatively high parking ratios. With the changes proposed by these re-development applications, the amount of required on- site parking is significantly reduced. The following table summarizes uses contemplated for the building and the resulting parking requirement: Use Sa. Ft./Units Ratio Parking Reauired Office (1) 12,573 2.7 spaces/1,000 34 Parking Club 240(3) 0 0 Residential 8 2/unit (2) 16 50 (1) It is assumed that all 13,600 square feet of commercial space is utilized as office. The proposed CSC zoning will also allow for retail and restaurant uses within this space. If such uses occur, any increase in required parking will reduce the number of spaces available for the parking club. (2) Town code requires 1.4 spaces per dwelling unit, however existing declarations designate 2 spaces per unit. (3) The Parking Club sq. ft. could be increased without increasing the need for- parking on the site. As proposed, 39 "excess" spaces will result on the property. The proposed parking club will make these spaces available for use, thereby relieving some pressure on the Town's parking structures. The parking chub would have the following features: ¦ Utilization of up to 39 parking spaces, ¦ A small club facility that would provide a lounge area, restrooms, changing room, storage, etc. ¦ Valet service, which among other things will allow for very efficient use of previously approved "tandem spaces" ¦ Parking spaces may be sold, leased or made available on a daily fee basis. A parking club is a relatively new use to the Town of Vail. There is a demand for parking close to the Village Core and the ski portals that has adequate amenities for users (i.e., locker rooms, dressing areas, ski storage, etc.). On this property, the parking spaces already exist in an enclosed structure. Provisions existing within the Town's code could allow for these excess spaces to be leased. This conditional use permit will essential allow the applicant the right to provide guest services in conjunction with the parking. This is analogous to efforts the Town has taken to provide "guest service" facilities such as ski storage and rest rooms at the Village Structure. "Conditional" uses are uses that are generally deemed compatible with other permitted and conditional uses within a zone district, subject to compliance with specific review criteria. If Vail Gateway Building, Vail, Colorado Page 14 Braun Associates, Inc. the review criteria are met by the PEC, the use is deemed compatible and approved. The following are the review criteria for a conditional use pen-nit: A. Relationship and impact of the use on development objectives of the Town. Response: The proposed private parking club is consistent with Town objectives to provide a high level of service to guests and to maximize the use of private parking. This use is expected to lessen demands on the Town's existing parking facilities. B. 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. Response: The proposed parking club will have no adverse impacts on these factors. The parking club is expected to lessen demands on the Town's parking facilities. C. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking area. Response: The parking club will generate traffic to the site, however it is anticipated that at full utilization, each parking space will generate only one in-bound and one out-bound trip each day. Even with parking club traffic, the overall mix o.J-uses proposed for the property will result in a reduction of vehicle trips to the property. This is primarily due to the reduction in the number of restaurants located in the building. D. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Response: The proposal does not change the bulk and mass of the existing building and therefore has no impact on this criterion. Vail Gateway Building, Vail, Colorado Page 15 Braun Associates, Inc. VI. Conditional Use Permit - Residential Uses A conditional use permit is necessary to allow for the existing and proposed residential uses on the property. The residential uses have been in place on the property for the last 11 years. Two additional units are proposed for a total of eight dwelling units. Issues of compatibility of residential uses with commercial activities have proven successful on this project and throughout the Town of Vail. Additionally, the Vail Village Master Plan recognizes this area as "mixed use", appropriate for a mixture of retail, office and residential uses. The following are the review criteria for a conditional use permit: A. Relationship and impact of the use on development objectives of the Town. Response: The proposed residential dwelling units are consistent with Town objectives and master plans. The Vail Village Master Plan designates this site as "mixed-use The proposed density of dwelling units proposed is less than that originally approved for the site by SDD #21 (12 units were originally approved, eight are proposed). B. 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. Response: The proposed residential dwelling units will have little, if any, impact on these issues. C. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking area. Response: Two proposed dwelling units will have little to no affect on these factors. The overall proposed mix of uses on the property will reduce the number of vehicle trips to the property. This is primarily due to the reduction in the number of restaurants located in the building. D. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Response: The proposal does not change the bulk and mass of the existing building and therefore does not have an impact on this criterion. Vail Gateway Building, Vail, Colorado Page 16 Braun Associates, Inc. VII. Project Development Statistics Lot size = 24,154 sq. ft. or 0.5545 acres (verify) Develonment Standard CSC CO SDD 21 Existing Development Pronosed Plan Density 18 units/acre (9.98 units) 25 units/acre (13 units) 21.6 units/acre (12 units) 10.9 units/acre (6 units) 14.4 units/acre (8 units) GRFA 40% (9,661 sq. ft.) 80% (19,323 sq. ft.) 54% (13,000 sq. ft.) 50% (12,077 sq. ft.) 71% (17,160 sq. ft.) Setbacks Front 20' 0' 18' 18' no change Side 20' 0' 20' (S), 15' (N) 20' (S), 15' (N) no change Rear 20' 0' 1' 1' no change Site Coverage (max.) 75% 80% 64% 64% no change Landscape Area (min.) 20% 0% (no reduction) per plans as constructed no change Building Height 35'flat/38'sloping 43' (40% of roof), 33' per plan as constructed no change Commercial Space no limitation no limitation no limitation 16,348 sq. ft. 12,813 sq. ft. Parking Club 240 sq. ft. (included in commercial space) Vail Gateway Building, Vail, Colorado Page 17 Braun Associates, Inc. ARTICLE E. COMMERCIAL "SERVICE CENTER (CSC) DISTRICT 12-7E-1: PURPOSE: The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. (Ord. 8(1973) § 10.100) 12-7E-2: REQUIREMENTS FOR ESTABLISHMENT; DEVELOPMENT PLAN: A. Review Required: Prior to the establishment of any Commercial Service Center District or enlargement of District boundaries, the Town Council shall by resolution adopt a general development plan for the proposed District. The development plan may be prepared by an applicant for the establishment of the District or may be prepared by the Town. The development plan shall be submitted to the Planning And Environmental Commission for review, and the Planning And Environmental Commission shall submit its findings and recommendations on the plan to the Town Council. B. Plan Content: The development plan shall show the following information: 1. Existing topography and tree cover. 2. Proposed division of the area into lots or building sites, and the proposed uses to be established on each site. 3. Proposed locations, dimensions, and heights of buildings on each site, and the locations of parking and loading areas, access drives, principal public and private open spaces, and other site plan features. 4. Relationship of proposed development on the site to development on adjoining sites. 5. Such additional information as the Planning and Environmental Commission and Town Council deem necessary to guide development within the proposed district. C. Plan To Be Guide: The development plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the District. All plans subsequently approved by the Design Review Board in accordance with Chapter] I. of this Title shall substantially conform with the development plan adopted by the Town Council. (Ord. 8(1973) § 10.200) 12-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC District: Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges, taverns, and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, including the following: Barbershops. Beauty shops. Business and office services. Cleaning and laundry pickup agencies without bulk cleaning or dyeing. Coin-operated or self-service laundries. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores and pharmacies. Florists. Food stores. Furniture stores. Gift stores. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Radio and television stores and repair shops. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of Section 12-7E-2 of this Article. (Ord. 16(1996) § 3: Ord. 27(1990) § 2: Ord. 8(1973) § 10.300) 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Any use permitted by Section 12-7E-3 of this Article, which is not conducted entirely within a building. Bed and breakfast as further regulated by Section 1 2-1.4-1.8 of this Title. Brew pubs. Commercial laundry and cleaning services. Dog kennel. Major arcade. Multiple-family dwellings and lodges. Outdoor operation of the accessory uses as set forth in Section 12-7E-5 of this Article. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Type III employee housing units (EHU) as provided in Chapter 13 of this Title. (Ord. 6(2000) § 2: Ord. 10(1998) 2, 5: Ord. 22(1997) § 2: Ord. 16(1996) § 4: Ord. 14(1996) § 2: Ord. 8(1992) § 23: Ord. 27(1990) § 4: Ord. 31(1989) § 11: Ord. 20(1982) § 5: Ord. 6(1982) § 6(a): Ord. 10(1975) § 3: Ord. 8(1973) § 10.400) 12-7E-5: ACCESSORY USES: The following accessory uses shall be permitted in the CSC District: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 1.2-14-12 of this Title. Minor arcade. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 6(1982) § 6(b): Ord. 8(1973) § 10.500) 12-7E-6: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be twenty thousand (20,000) square feet of buildable area, and each site shall have a minimum frontage of one hundred feet (100'). (Ord. 12(1978) § 3) 12-7E-7: SETBACKS: In the CSC District, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). (Ord. 50(1978) § 2) 12-7E-8: HEIGHT: For a flat or mansard roof, the height of buildings shall not exceed thirty five feet (35'). For a sloping roof, the height of buildings shall not exceed thirty eight feet (38'). (Ord. 37(1980) § 2) 12-7E-9: DENSITY CONTROL: Not more than forty (40) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area, and gross residential floor area shall not exceed fifty percent (50%) of total building floor area on any site. Total density shall not exceed eighteen (18) dwelling units per acre of buildable site area. (Ord. 50(1978) § 19: Ord. 12(1978) § 2) 12-7E-10: SITE COVERAGE: Site coverage shall not exceed seventy five percent (75%) of the total site area. (Ord. 17(1991) § 11: Ord. 8 (1973) § 10.607) 12-7E-11: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. (Ord. 19(1976) § 11A: Ord. 8(1973) § 10.609) 12-7E-12: PARKING AND LOADING: Off-street parking and loading shall be provided in accordance with Chapter 1.0 of this Title. At least one-half (1/2) of the required parking shall be located within the main building or buildings. No parking or loading area shall be located in any required front setback area. (Ord. 19(1976) § 11A: Ord. 8 (1973) § 10.610) 12-7E-13: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All permitted and conditional uses by Sections 12-7E-3 and 12-7E-4 of this Article, shall be operated and conducted entirely within a building except for permitted parking and loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. B. Outdoor Display: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 34(1982) § 4) PSchutt& SQAU R (SOOT CALCU L OO NS EXISTING SF CALLS PROPOSED SF CALCS G; ~Q RESTAURANT: 9 RESTAURANT: 0 > ° OFFICE: 0 OFFICE: 10,323 ° Q °O9 RESIDENTIAL: 12,37 RESIDENTIAL: 17,160 Q 000, RETAIL: 6,904 RETAIL: 0 m Ii o COMMERCIAL: 2,250 Q ? TOTAL EXIST 23,735 "PARKING CLUB` ; 240 TOTAL PROPOSED 29,973=== DATE: b/l/OI REVISED: 5HUT N "FK C;Q Q Q O T ; 1 . 1 4 ; j 1 k r W. I - -'-'Q 4 1 AJAI &A.1:0 ~a fr Q' q i - i N°THWN PP-Z> P°SE D u ~'a :1 i i I u„I ~FO `J 1 I {I Dale .4 yK !a Ravlcad. l 'fF0 Mc. = X0A w Laity: Nh.~f TO GGNERAL NOTG6 7 :1.1{!x. ~ 4 4 Q 4 4 0 I i A n. f.i I I I , ~ I •J 1 I I ! c I ! ' I ! ! ow _ ! O_. I ors' I: I a.- NoTNI>JFic PPoPosEEmamm" Q >;a i Q ! ! ! Oz i I. I ~•i I I QO, I _MLA Q - - } I I ' I :ate. Dal. 11 Arg t I I i 1 I ) I I ,r I i flevl e9 w.. . ! i i I t VAIL 'row N I I I I O na ! 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TOW I 1 :.:I I AIL i ( 1 i G=NEanL NoTEb BY ^',TE C'A uxuyMNCE NO. 9 , Series of 1998, yr- AN Lmu.LOANCE REZONING A PAT;T OF IUr N AND A rvxi.LON OF I LOT O, BLOCK 5D, VAIL VILLAGE ruvi FILING FMM HEAVY SERVICE DISTRICT TO OOMNrA--" AL CORE I AND 'E'STABLISHING SPECIAL DEVELOPMENT DISTRICT NUMBER 21 FOR A PART OF LDT N, AND A rvruiOd OF = 0, BLOCK 5D VAIL VILLAGE FIRST FILING IN A "v-k,,NCE WI'I!3 C6APIER 18.40 OF THE VAIL MUNICIPAL CODE AND or,iiudG rururi DETAILS IN REGARD Thrrcn.iv.. whAv-,,S, Chapter 18.40 of the Vail Municipal code authorizes Special revel,...-. - Districts within the Town in order to --i-rage flexibility in the develvr-.1 of land; and Whr,eamS, application has been made for special Development District aj?v ral for certain parcels of y,.vyerty within the Timm known as a part of Lot N, and a portion of Lot O, Block 5D, Vail Village First Filing to be known as Special DevelvL,.-.1 District No. 21, ........,-.1y refer. to as the Vail Gateway; and WHEREAS, application has further been made to rezone a part of Lot N, and a portion of Lot O, Block 5D, Vail Village First Filing from Heavy Service District to C.,.,,,--ial Core I District in order to allow for the range of uses and activities y~.,y.,.-.ed for SDD No. 21; and WI-?.av-%S, in a, ' J~3ance with Section 18.66.140, the Planning and EnvL-.,-,tal Con¢nission had a public hearing on the i---.- ,wed zoning and the y~..r. wed SDD, and has submitted its «...,-andation to the Torn Council; and whr.mw6, all notices as required by Section 18.66.080 have been sent to the ayr-,r,~Iate parties; and WHEREAS, the Town council has held a public hearing as required by chaplx : 18.66 of the Municipal code of the Town of Vail. NOW, 14~r ~v rvt<r , BE IT ORDAINED BY THE TOWN COMIC'IL OF nE TOW OF VAIL, COLORADO, THAT: Section 1. The Town Council finds that the procedures for a zoning amendment as set forth in Chapter 18.66 of the Municipal Code of the Town of Vail have been fully satisfied, and all other requi-G,=,~s of the Municipal code of the Town relating to zoning amo-,.L-,Ls have been fully satisfied. Section 2. The Town council h4.I.f rezones the y~vZG~~y more particularly described in . Ddiibit A, attached hereto, from Heavy Service District to C...,.'--ial Core I. Section 3. The Town Council finds that all the r-...iures set forth for Special Devel ,„-„L Districts in Chapter 18.40 of the Municipal Code-of the Town of Vail have been fully satisfied. Section 4. The Town council finds that the devel.k.-- plan for Special Devel . District No. 21 meets each of the standards set forth in Section 18.40.OB0 of the Municipal Code of the Town of Vail or demonstrates that either one or more of them is not applicable, or that a practical solution consistent with the public interest., has been achieved. In a-;ancs with Section 18.40.040, the devel-,-.,c:.,,L plan for Special Devel ,,uc,t District No. 21 is ary-red and Special Devel.,,.,-„t District No. 21 is ham -by apj ,ved for the j,ivt, Ly described in Exhibit A. The devel k-,1 plan is -vUsed with those plans submitted by Buff Arnold, Ned Gwathmey, Architect, PC, and consists of the following documents: 1. Site plan, dated March 28, 1988 2. Floor Plans dated March 28, 1988 3. Elevations dated March 28, 1988 4. larkiscape Plan dated March 28, 1988 5. Special Devel.,Y„-,L District Application and Errvi-..-Lal Impact R,,t, as Y,-,ored by Peter Jamar Associates, Inc., dated January 1988, and revised March 9, 1988 Section 5. , EF 11he devel k.-L standards for Sr-4,1 Devel r-,-.L District No. 21 are npk-ved s by the Town Council as a part of the api-ved development plan as follows: 1 A. Setbacks i setbacks shall be as indicated on the site plan set forth in Section 4 of this Ordinance. ~i B. Heicdrt Building heights shall be as indicated on the elevations and roof plan set forth in Section 4 of this Ordinance. l C. Coverage Site coverage shall be as indicated on the site plan set forth in Section 4 of this ordinance. -2- D. Lan aping j The area of the site to be landscaped shall be as generally indicated on the preliminary landscape plan set forth in section 4 of this ordinance. A detailed landscape plan shall be submitted to the Design Review Board for final approval. E. Parkinq Parking demands of this development shall be met in accordance with the developer's proposal to provide 95 parking spaces. F. Density The density allowed in S.D.D. NO. 21 shall be 12 dwelling units consisting of not more than a total of 13,000 square feet of GRFA. Section 6. Uses as proposed on the development plan as per Section 4 of this ordinance are hereby approved. The uses of Special Development District No. 21 are uses permitted by right, conditional uses or accessory uses in the Commercial Core I zone district. The permitted uses in the special development district shall be the same as those uses permitted in the Commercial Core I zone district, conditional uses in the special development district shall be the same as the conditional uses listed in the Commercial Core I zone district, and accessory uses in the special development district shall be the same as the accessory uses listed in the Commercial Core I zone district. Section 7. Following are conditions of approval for Special Development District 21: 1. The applicant shall secure permission of the property owner of the Standard Oil property to complete construction of the landscape improvements as shown in the approved development plan for S.D.D. 21 prior to receiving a final certificate of occupancy. 2. Prior to receiving a building permit, the applicant must provide evidence which is satisfactory to the Town Council and Town Attorney that demonstrates the financial ability to complete the construction of the project as planned. 3. Construction must commence before July 1st and the project must be enclosed by November 13th of whatever year construction commences. The approval shall be valid for three years. 4. The applicant shall construct a sidewalk from the southern property line of Special Development District No. 21 to the north side of the existing Vail Village Inn access off of Vail Road. 'E Section S. L 1,.ants to the aj.1.-red Bevel,.,- plan which do not charge its substance may be ayv.. ,red by the Planning and Eavi-,.-Lal Commission at a regularly scheduled public hearing in a-:.ance with the provisions of Section 18.66.060. Am~.3,„~,Ls which do charge the substance of the development plan shall be atr_ied in a...,.jance with Sections 18.66.110 through 18.66.1G0. The ComarLity Devel,~~-" Departm ent.shall be solely responsible for determi.nirr;3 what constitutes a charge in the substance of the devel.~.._.:: plan. An application for a to this Special Development District which changes the substance of the devel.R_,t plan shall comply with the req,i.--ts of Section 18.40.030 except that the Ceamnunity Dever..-,t; Depa-L-L shall determine which r, i-rty in the Special Development District is being directly affected by such amendment and the consent of only those owners of said F.,1-rty shall be required to be included in the application. Section 9. If any part, section, subsection, sentence, clause of 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. Section 10. The Town Council h--;,y finds, determines and declares that this ordinance is necessary and r-ter for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 11. The repeal or the and reenactment of any provisions of 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 cam, nor any other action or proceeding as .,,.,.-.,.ed 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. -4- wr , daY of 5th n 'nas of the 5" tb - daY ON on ~ gm PASSED held on this or of the Vail Musuci~ u+ ' ~ _roll pe ~y-r- [?vim hear in the ,Be, 1and a 1988 at -7-.30 P•m' 1988. p ril f April dui, polorydo. f~l day of Vail p,plisherl Ozd~ . _ ~ r v 23aY°r it R' S an l.~rt j,,' eX, `~+am '•a ' jLnD:7G oI~~~g~,15Yf r~r ppP~ ~ SEND this l~ daY PgAD AND in full 1988• v " ti~~" ~Yor Pas L~f31r~~~~~ r y r, ORDINANCE 17, Series of 1996 AN ORDINANCE PROVIDING FOR THE MAJOR AMENDMENT OF SPECIAL DEVELOPMENT DISTRICT NO. 21, VAIL GATEWAY; AMENDING AN APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 21 IN ACCORDANCE WITH CHAPTER 18.40 OF THE OF THE VAIL MUNICIPAL CODE; LOCATED AT 12 VAIL ROADIA PORTION OF LOT N, AND A PORTION OF LOT O, BLOCK SD, VAIL.VILLAGE 1ST FILING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town in order to encourage flexibility in the development of land; and WHEREAS, Special Development District No. 21 was established by the Town Council on 2nd Reading of Ordinance No. 9, Series 1988. WHEREAS, the developer and applicant, Vail Apartments, Inc., has submitted an application fora major Special Development District amendment for a certain parcel of property within the Town, known as the Vail Gateway Building, and as Special Development District No. 21; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission, on August 26, 1996, held a public hearing on the major amendment of an SDD and has submitted its recommendation of approval to the Town Council; and WHEREAS, all notices as required by Section 18.66.080 of the Vail Municipal Code, have been sent to the appropriate parties; and WHEREAS, the major amendment to the approved development plan has been reviewed pursuant to Section 18.40.100 of the Town of Vail Municipal Code; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Municipal Code of the Town of Vail; and WHEREAS, the Town Council considers that it is reasonable, appropriate and beneficial to the Town and its citizens, inhabitants and visitors to amend the originally approved Special Development District No. 21. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Amendment orocedures fulfilled. Planning and Environmental Commission Report. The review procedures prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfilled and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed amendment to the development plan for i Ordinance No. 17, Series of 1997 Special Development District No. 21. Section 2. Special Development District No. 21 and the amended development plan therefore, are hereby approved for the redevelopment for the expansion of Gross Residential Floor Area in Unit No. 5, Vail Gateway Condominiums. Section 3. Purpose Special Development District No. 21 is intended to insure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town of Vail. The development is regarded as complimentary to the Town by the Town Council and meets the Design Standards as set forth in Section 18.40 of the Municipal Code. As stated in the staff memorandum dated August 26, 1996, the major SDD amendment request is in compliance with the goals and objectives of the Vail Comprehensive Plan, as well as the purpose section of the SDD Overlay Zone District. SDD No. 21 provides an appropriate development plan that maintains the unique character of this site and the surrounding area without negatively impacting existing or potential uses in the area. Section 4. The Town Council finds that the amended development plan for Special Development District No. 21 meets each of the standards set forth in Section 18.40.080 of the Municipal Code of the Town of Vail. In accordance with Section 18.40.040, the amended development plan for Special Development District No. 21 is approved and Special Development District No. 21 is hereby approved for the property described in the attached Exhibit A. The amended development plan is comprised with those plans submitted by Buff Arnold, Ned Gwathmey, and Steve Riden, and consists of the following documents: 1. Site plan, dated March 28, 1988 2. Floor plans, dated March 28, 1988 and revised (partial) plans dated February 28, 1996. 3. Elevations dated March 28, 1988 and revised (partial) plans dated February 28, 1996. 4. Landscape plan dated March 28, 1988 5. Special Development District application and Environmental Impact report as prepared by Peter Jamar Associates, Inc., dated January 1988, and revised March 9, 1988. Section 5. Aooroved Develooment Standards The development standards for Special Development District No. 21 are approved by the Town Council as part of the approved development plan as follows: 2 Ordinance No. 17, Series of 1997 A. Setbacks - Setbacks shall be as indicated on the site plan set forth in Section 4 of this Ordinance. S. Building heights shall be as indicated on the elevations and roof plan set forth in Section 4 of this Ordinance. C. Site Coverage - Site coverage shall.be as indicated on the site plan set forth in Section 4 of this Ordinance. D. Landscaping - The area of the site to be landscaped shall be as generally indicated on the preliminary landscape plan set forth in Section 4 of this Ordinance. E. Parking - Parking demands of this development shall be in accordance with the developer's proposal to provide 95 parking spaces. F. Density - The density allowed in Special Development District No. 21 shall be 7 dwelling units consisting of not more than a total of 12,815 sq. ft. of GRFA. Section 6. The uses of Special Development District No. 21 are uses permitted by right, conditional uses or accessory uses in the Commercial Core I Zone District. The permitted uses in the Special Development District shall be the same as those uses permitted in the Commercial Core I Zone District. Conditional uses in the Special Development District shall be the same as the conditional uses listed in the Commercial Core I Zone District, and accessory uses in the Special Development District shall be the same as the accessory uses listed in the Commercial Core I Zone District. Section 7. Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.060. Amendments which do change the substance of the development plan shall be approved in accordance with Sections 18.66.110 through 18.66.160. The Community Development Department shall be solely responsible for determining what constitutes a change in the substance of the development plan. An application for an amendment to the Special Development District which changes the substance of the development plan shall comply with requirements of Section 18.40.030 except that the Community Development Department shall determine which property in the Special Development District is being directly affected by such amendment and the consent of only those owners of said properly shall be required to be included in the application. Section 8. If 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 3 Ordinance No. 17, Series of 1997 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. Section 9. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 10. The repeal or the repeal and reenactment of any provision of the. Municipal Code of the Town of Vail 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 proceedings 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of September, 1996, and a public hearing shall be held on this Ordinance on the 1 st day of October, 1996, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert W. Armour, Mayor ATTEST: Holly McCutcheon, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED (IN FULL) (BY TITLE ONLY) THIS DAY OF 1996. Robert W. Armour, Mayor ATTEST: Holly McCutcheon, Town Clerk EXHIBIT A VAIL GATEWAY BUILDING, 12 VAIL ROAD AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A PORTION OF LOT N, AND A PORTION OF LOT 0, BLOCK 5D, VAIL VILLAGE 1ST FILING. 5 Ordinance No. 17, Series of 1997 BAIIAB RAUIN ASSOCIATES, IINC. PLANNING and COMMUNITY DEVELOPMENT MEMORANDUM To: Planning and Environmental Commission Town Council From: Timberline Commercial Real Estate, represented by Braun A5soc+ate5, Inc. Date: July 20, 2001 Re: Gateway Building - Proposed Change of Uses The purpose of th15 memo 15 to outline the appllcant'5 per5pectlve on the Staff's recommendation that employee housing be provided a5 a condition of approval for the proposed modlflcatlon5 to the Gateway Building. We very much support the notion that development should be re5pon5lble for the mitigation of Impacts that may result from a project and th15 would certainly apply to employee hou5ing. Employee hou5ing 15 a very important 155UC and we support the Town's efforts to require employee hou5ing a5 an element of development pr0Ject5. however, we strongly believe that any mitigation required of a developer, particularly in the case of employee hou5ing, must be directly related to the Impacts of a project and that the manner in which the Town evaluates and Imposes such mitigation must be reasonable and con515tent. A5 you evaluate the applications for the revitalization of the Gateway Building, consider the following polnt5 related to the 1551.1e of employee hou51ng: • The town has never formally adopted by ordinance employee hou5ing requlrement5. Rather, the Town has "Informally" Imposed a requirement using a methodology that I ) e5tlmate5 employee generation based on the proposed u5e5 and 2) applies a percentage to employee generation to determine number of employees to be "housed." Edwards Village Center, Suite C-209 Ph. - 970.926.7575 0105 Edwards Village Boulevard Fax - 970.926.7576 Post Office Box 2658 www.braunassociates.com Edwards, Colorado 81632 • Proposed development plans for the Gateway would eliminate approximately 4,700 square feet of commercial space. The net result with this change and other use changes being proposed Is an overall reduction in employee generation of I G.87 employees, per the town staff's memo. • The methodology being used by staff for the Gateway Building is a drastic departure from the methodology and application of the housing formula that has been used by staff in the past. Staff has always given the applicant a credit for the number of existing employees on the property and has applied the housing formula to the "net" increase of employees. That credit is not being given for the Gateway application. Recent examples of the historic use of this formula include Vail Plaza east (2000), Vail Plaza west (2001), Vail Valley Medical Center (2001), VAC (2000), Antlers (99), Marriott (99), Glen Lyon Office building (99), and the Austria Maus (97). Attached in Exhibit A 15 the language included in the staff memo on two of these projects. Our goal is quite simple - to revitalize a very distressed property. Three main changes are proposed to accomplish this goal - allow for a wider range of uses within the building, to add two new condominium units, and to allow for a parking club. To-date, there seems to be strong support for these three changes. Everyone is in agreement that changes are necessary to turn this property around; however, placing a requirement for employee housing on the project further burdens the applicant's ability to revitalize the building and impacts his ability move forward with the purchase and redevelopment of this property. The law requires that there be a "nexus" or rational relationship between the impacts of the project and the requirement for employee housing. In this case, the proposed development results in a net decrease in employee generation. We would like to think that in this case common sense would prevail - if there is no impact, there should be no requirement for mitigation. While we support the concept of employee housing, the condition proposed by staff Is inconsistent with how employee housing requirements have been implemented in the past. Vail Gateway Budding, Vail, Colorado Page 2 Braun Associates, Inc. Gateway Applicatlon5 Exhibit A Excerpt from the TOV staff memo for Vail Plaza Hotel (west) approved May 2001: The applicant is proposing to provide employee housing for a percentage of the "new" employees resulting from the hotel construction. The new hotel is expected to generate 93.5 "new" employees. The "new" employees are in addition to the 79 "full time equivalent" employees already working at the Chateau at Vail. The applicant is proposing to provide deed-restricted employee housing for 30% (28 beds) of the "new" employees. In order to maximize the benefit of the housing to the Town of Vail, the applicant has suggested that the housing will be available only to Vail Plaza Hotel West employees. Staff Recommended Ranoo Calculations: Staff believes that the Vail Plaza Hotel West redevelopment will create a need for the housing of 97 additional "new" employees. Of the 97 additional employees, at least 28 employees (30%) will need to be provided deed-restricted housing by the developers of the Vail Plaza Hotel West. Please refer to Section IX of the staff memorandum for details regarding square footages and configuration of the units. The staff recommended range is based on: 1. the type of retail and commercial use proposed in the commercial space within the Vail Plaza Hotel West; 2. the size of the Vail Plaza Hotel West lodging component; 3. the level of services and amenities proposed by the developers for the guests of the Vail Plaza Hotel West; and 4. the result of research completed by Town of Vail staff of similar hotel operations in the Vail Valley. a) Retail/Service Commercial= 1,127 sq. ft. @ (5/1000 sq. ft.) = 5.6 (bottom of range) b) Health Club/Spa = 13,835.7 sq. ft. @ (1.5/1000 sq. ft.) = 20.8 (top of range) c) Restaurant/Lounge = 2,535.3 sq. ft. @ (6.5/1000 sq. ft.) = 16.5 (middle of range) d) Conference Center = 20,624 sq. ft. @ (1/1000 sq. ft.) = 20.6 (range does not vary) e) Lodging = 116 units @ (.751unit) = 87.0 (middle of range) f) Multi Family (Club Units) = 15 units @ (.4/unit) = 6.0 (range does not vary) g) Fractional Fee Units = 40 units @ (.4/unit) = 16.0 (range does not vary) 72.5 Total (-79 existing employees) = 93.5 (X 0.30 multiplier) = 28.0 new employees Excerpt from the TOV staff memo for Vail. Plaza Hotel (east) approved 2000: The applicant is proposing to provide employee housing for a percentage of the "new" employees resulting from the hotel construction. Based upon an analysis completed by the applicant and provided to the Community Development Department, the new hotel is expected to generate 105 "new" employees. The "new" employees are in addition to the 74 employees already working full-time or part-time at the Vail Village Inn. The applicant is proposing to provide deed-restricted employee housing for 30% (32) of the "new" employees. Due to the unavailability of private vacant land resources within the Town limits, the applicant anticipates that all or a portion of the deed-restricted housing will be provided in an out-of-town or down-valley location. In order to maximize the benefit of the housing to the Town of Vail, the applicant has suggested that the housing will be available only to Vail Plaza Hotel employees. It is further anticipated that some form of transportation will be provided to the employees from the out-of-town or down-valley location to the hotel. Staff Recommended Ranae Calculations: The staff believes that the Vail Plaza redevelopment will create a need for 125 additional employees. Of the 125 additional employees, at least 38 employees (30%) will need to be provided deed-restricted housing by the developers of the Vail Plaza Hotel. The staff recommended range is based on: 1. the type of retail and commercial use proposed in the commercial space within the Vail Plaza Hotel; 2. the size of the Vail Plaza Hotel lodging component; 3. the level of services and amenities proposed by the developers for the guests of the Vail Plaza Hotel; and 4. the result of research completed by Town of Vail staff of similar hotel operations in the Vail Valley. a) Retail/Service Commercial =4,047 sq. ft. @(5/1000 sq. ft.) = 20.2 employees (bottom of range) b) Health Club. =24,799 sq. ft. @(1.5/1000 sq. ft.) =37.2 employees (top of range) C) Restaurant/Lounge =5,775 sq. ft. @(6.5/1000 sq. ft.) =37.5 employees (middle of range) d) Conference Center =10,368 sq. ft. @(1/1000 sq. ft.) =10.4 employees (range does not vary) e) Lodging = 99 units @(.75/unit) = 74.3 employees (middle of range) f) Multi Family (Club Units) = 48 units @(.4/unit) =19.2 employees (range does not vary) Total = 198.8 employees (-74 existing employees) =124.8 employees (X 0.30 multiplier) = 38 "new" employees Gateway Buildincg Parking Plan Prepared for Timberline Commercial Real Estate August 13, 2001 APPROVED BY THE TOWN OF VAIL PLANNING AND ENVIRONMENTAL COMMISSION DATF, cd/13/01 PLANNEW 1q0 _ 11 C d441 a r Aa 0 f Wrnu , Ua ior~ t4~fAlM1r~nl l -fro kt f~ I. General Overview This plan is intended to provide a general guide for how parking will be managed at the Gateway Building. The uses contemplated for the building include office/commercial uses, residential condominiums, and a parking club. The parking plan may need to be amended from time-to-time to allow the management of the building to meet the needs of potential building users. 2. Existing Parking Conditions The parking for the Gateway Building 15 located on three levels of the parking garage containing 93 parking spaces. Forty-two of the parking spaces, as originally constructed, are tandem parking spaces. The Gateway Building is also entitled to one Town of Vail "pay-in-lieu" space purchased for a previous use in the building. 3. Parking by Use • Office/Commercial Use - 4 1 spaces 0 28 parking spaces (tandem spaces) will be used by the office employees within the building. Office space employees will,have designated spaces and employees will be required to coordinate with office-mates on the use of the spaces. Tandem spaces will be assigned so that only employees of individual office spaces will be required to coordinate with one another. 0 G parking spaces (tandem spaces) will also be used by office and/or commercial employees (depending if the basement level I commercial space 15 an office use, retail use, or restaurant use). 0 7 parking spaces (non-tandem) will be available as general visitor parking spaces. This number may be increased or reduced from time to time depending on how the need for visitor and employee parking is experienced. o All of the commercial/office parking spaces will remain in the ownership of the building owner to afford maximum flexibility for use of spaces. o Office parking spaces may be made available to other allowable commercial uses as long as hours of operation do not conflict a restaurant serving in evening hours). • Resldentlal Uses - 13 spaces o 13 parking spaces (8 tandem spaces and 5 non-tandem) will be assigned to residential units. These Spaces will remain in the ownership of the building owner; however, the residential users are guaranteed a license to use their spaces. • Parking Club Use - 39 spaces Gateway Building Parking Plan o 39 parking spaces will be made available for parking club members. o Parking club spaces will be subject to a lease. The budding owner may lease spaces such that the parking club member has a right to use I of 39 spaces, which space may not be definitively defined (i.e., member has a right to park, not a right to any specific space). 4. Location of Parking Spaces The building owner shall designate parking spaces, subject to the provisions herein, in locations as he see fits. The intent is to allow the owner the maximum flexibility with the function of the parking area so that he will able to develop the most effective and efficient plan and is able to react to market conditions, changes in building uses and users, and is able to meet the needs of the visitors to the property. 5. Governance and Inspection The owner agrees to allow the Town of Vail to inspect the parking conditions at anytime. If a nuisance develops from improper management of the parking on this property, the owner agrees to address valid concerns or violations of the Town of Vail in a cooperative manner. The owner further understands that the parking management plan is part of the conditional use permit for the residential and parking club uses on the property and as such has the ability to take action in the future if it discovers violations to the conditional use permit. Substantial changes to the parking plan shall be reviewed and approved by the Planning and Environmental CommIS5ion. G. Valet Parking As the owner continues to operate the parking areas to create efficient use of parking and provide effective service to building visitors, he may choose to modify the parking plan and reallocate spaces as necessary. This may include use of valet service on the property. This will depend upon the ultimate mix of office or commercial users on the property and the hours of operation of certain uses. In no case will vehicles be valet parked off-site or will such valet parking interfere with the ability to gain adeciuate access to the site. A valet system may be added to the site without further review by the Planning and Environmental Commission. Gateway 5uilding Parking Plan GATEWAY PLAZA RENOVATION Basement Level -1 Office Office 12 Vail Road, Vail, Colorado July, 201 Timberline Commercial Real Estaw Braun Associates, Inc. Office Office z f Office Office kcmon Area Office Office 'Coninlerd7 , Office Office w LEGEND Office Office Common Space S.F. 1 Area q,s a a ~cr ti r Residential 0 ew Residential 0 Office Visitor N 1 Office 2,250 - Commercial Office Office Office Club Club Parking Club 240 - - - 0 Visitor Club Club Club ® New Office o Visitor Club Club Club Office Office Club Office Office Club ~ 3 1 > ~ 11 Club Spaces 20 Office Spaces Parking Plan 3 Visitor/Office Spaces GATEWAY PLAZA RENOVATION Basement Level - 2 Office Office Club 12Va11Road, Vail, Colorado Julc,2001 _ J ~ Timberline Commercial Real Estate Braun Associates, Inc. Office Office Club Office Office Club Club Office Office Club Club Office Office Club I I Club LEGEND (Nn Chanize) . Office Office Club Club Club Space S.F. _ M Residential 0 Office Office Club Visitor Club ` New Residential 0 Conimmial 0 Resident Resident Club Visitor Club EMMA Parking Club 0 Office o Club Visitor Resident New Office 0 Resident Resident Resident Club Visitor Resident Resident. Resident Resident I Resident Resident Resident suv.-xxue 17' Club Spaces 13 Residential Spaces 14. Office Spaces 4 Visitor/Office Spaces Parking Plan GATEWAY PLAZA RENOVATION Basement Level - 3 Club Club 12 Vail Road, Vail, Colorado June, 2MI Club Club Timberline Commercial Kcal Estate Braun Associates, In,;. Club Club ' Club LEGEND (No Chanxe) Club Club _ - Space S.F. Residential 0 -C1Ut5 - Club - New Residential 0 Commercial 0 Parking Club 0 Office 0 ® New Office 0 11 Club Spaces this level I Parking Plan STATE OF COLORADO DEPARTMENT OF TRANSPORTATION REGION 1 TRAFFIC SECTION OT 18500 East Colfax Avenue Aurora, Colorado 80011 Tel (303) 757-9371 . q-61 W ULA 7 Fax (720) 859-1337 August 23, 2001 Robert W. McLaurin Vail Town Manager 75 South Frontage Road Vail, Colorado 81657 Dear Mr. McLaurin: I have received your letter dated July 19, 2001, in which you asked CDOT to install warning signs for the steep grades on westbound I-70 between Vail Pass and Exit 180 (East Entrance of Vail). At this time, and in response to your letter, I can offer the following: Nabil Haddad, from our Region Traffic Operations Unit, has conducted a field investigation of the area on August 13, 2001. During the field investigation, it was determined that in addition to the Runaway Truck Ramp signs and the reduced Speed Limit signs for heavy vehicles, there are currently four different locations along westbound I-70 between Mile Markers (MM) 184 and 189.6 that warn traffic of steep grades. The existing signs and their sizes and locations are: 1) Hill Sign, 4 ft. x 4 ft., (W7-1), at MM 189.6 close to Vail Pass (MM 190.0) 2) "Trucks Stay in Low Gear Next 8 Miles", 12 ft. x 5 ft., at MM 188.8 3) Hill Sign, 4 ft. x 4 ft., (W7-1), and "7% NEXT 7 MILES" plaque at MM 188.0 4) Hill Sign, 4 ft. x 4 ft., (W7-1), and "7% NEXT 4 MILES" plaque at MM 184.1 Please note that all the above signs will be replaced and upgraded in the near future as part of our annual Signing Project. However, it was determined after the field investigation and per your request, that additional signing could mitigate the truck noise and warn of steep grades prior to entering the Town limits. Therefore, we have elected to replace sign # 4 above with a 10 ft. x 7 ft. sign that reads "7% GRADE NEXT 4 MILES TRUCKS STAY IN LOWER GEAR". We will also add another 10 ft. x 7 ft. sign at approximately MM 182 that reads "7% GRADE NEXT 2 MILES TRUCKS STAY IN LOWER GEAR". This should provide trucks with improved visibility and alert them to the steep grades ahead. Hopefully, this will also command the trucker's attention to hold a more constant speed as they complete their decent on this long steep downgrade. Also, and since the Town of Vail has already passed aNoise Ordinance Resolution, CDOT will install two "Noise Ordinance" signs with the "Noise Ordinance Enforced" supplemental plaque underneath, at approximately MM 181 and MM 183, just before reaching the Vail Town limits. Robert W. McLaurin August 23, 2001 Page 2 In addition, and as you may know, Governor Bill Owens signed House Bill # 00-1142 on May 26, 2000. This Bill requires all commercial vehicles equipped with engine compression brakes, commonly called "Jake" brakes, to have mufflers installed on the brakes. Commercial vehicles use engine compression brakes rather than their conventional brake system to control the vehicle's speed and slow down the vehicle. A commercial vehicle with a proper muffler should not exceed unreasonable noise levels. Any person convicted of violating the requirement for an engine compression brake muffler would be subject to a minimum $500 fine. Colorado State Patrol and the Port of Entries (Colorado Department of Revenue) started enforcing this law beginning July 1, 2000. The Town of Vail Police may also wish to enforce this law along I-70 within the Town limits. The Colorado State Patrol will provide training to your law enforcement officials if requested to help determine correctly muffled jakes. CDOT also has known about plans by the Town of Vail (Mr. Greg Hall) to install larger custom "Town of Vail" signs along I-70 at the Town Limits. CDOT believes that the installation of such signs might help the noise issue by alerting drivers to the fact that they are entering a town. We expect to install the "Noise Ordinance" signs in the next 6 to 8 weeks. As for the steep grade signs, the anticipated time frame is either late this fall or next spring. We appreciate your suggestions regarding our State Highway system. If you have any questions please contact me at (303) 757-9371. Sincerely, Jeffrey Ku man Region 1 Transportation Director cc: Pam Hutton, R-1 Traffic Engineer Brian Pinkerton, R-1 Program Engineer Ken DePinto, R-1 Traffic Operations Jim Bemelen, R-1 Traffic Design Chuck Loerwald, R-1 Maintenance Jerry Brechlin, R-1 Traffic Operations RF File (VAIL SIGNS.doc) ORDINANCE NO.21 SERIES OF 2001 AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE IV, TO ALLOW FOR THE CONSTRUCTION OF THE VAIL PLAZA HOTEL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976, establishing Special Development District No. 6, Vail Village Inn; and WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously Approved Development Plans for Special Development Districts; and WHEREAS, Daymer Corporation, as owner of the Phase IV property, has submitted an application for a revised major amendment to Special Development District No. 6, Vail Village Inn, Phase IV; and WHEREAS, Daymer Corporation has submitted this new application for a major amendment to Special Development District No. 6 in response to an alleged error in the public notification of a previously held public hearing, and WHEREAS, the purpose of this ordinance is to adopt a revised Approved Development Plan for the Vail Village Inn Special Development District, Phase IV to allow for the construction of the Vail Plaza Hotel; 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; and WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria for a major amendment and has submitted its recommendation of approval and findings to the Vail Town Council; and WHEREAS, all public notices as required by the Town of Vail Code have been published and sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the revised Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel; and 1 Ordinance No. 21, Series of 2001 WHEREAS, the approval of the major amendment to Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel and the development standards in regard thereto shall not establish precedent or entitlements elsewhere within the Town of Vail. 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. 21, Series of 2001, is to adopt a revised Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel. The Approved Development Plans for Phases I, 111 & 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 Approved Development Plan for Phase IV, the Vail Plaza Hotel is hereby amended and adopted. Section 2. Amendment Procedures Fulfilled. Plannino Commission Reoort 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 for a major amendment to the Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel. Requests for amendments to the Approved Development Plan 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 Development Plan for Phase IV 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 Town 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. Develooment Standards - Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel 2 Ordinance No. 21, Series of 2001 Development Plan-- The Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel shall include the following plans and materials prepared by Zehren and Associates., Inc., dated April 4, 2000 and stamped approved by the Town of Vail, dated April 18, 2000: (as may be further revised by the Town of Vail Design Review Board) A. Site Illustrative Plan B. Site Vignettes Key Plan (noted "for illustration purposes only') C. Site Vignettes D. Site Plan (revised) E. Level Minus Two F. Level Minus One G. Level Zero H. Level One 1. Level One & 1 /2 J. Level Two K. Level Three L. Level Four M. Level Five N. Level Six 0. Roof Plan P. Roof Plan (Mechanical Equipment) Q. Street Sections (Vail Road Elevation/North Frontage Road Elevation) R. Plaza Sections (South Plaza Elevation/East Plaza Elevation) S. Building A Elevations T. Building A Sections U. Building B Elevations V. Building B Sections W. Building Height Plan 1 (Absolute Heights/Interpolated Contours) X. Building Height Plan 2 (Maximum Height Above Grade/Interpolated Contours) Y. Pool Study (Pool Sections) Z. Vail Road Setback Study AA. Loading and Delivery plan 3 Ordinance No. 21, Series of 2001 BB. Street Entry Studies (Vail Road/South Frontage Road) CC. Sun Study DD. Landscape Improvements Plan EE. Off-site Improvements Plan Permitted Uses-- The permitted uses in Phase IV of Special Development District No. 6 shall be as set forth in Section 12-7 of the Vail Town Code. Conditional Uses-- Conditional uses for Phase IV shall be set forth in Section 12-7A-3 of the Town of Vail Zoning .Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. Density-- Units per Acre - Dwelling Units, Accommodation Units, & Fractional Fee Club Units The number of units permitted in Phase IV shall not exceed the following: Dwelling Units -1 Accommodation Units - 99 Fractional Fee Club Units - 50 Type I I I Employee Housing Units -18 (38 employee beds totaling 9,618 square feet of floor area) Density-- Floor Area The gross residential floor area (GRFA), common area and commercial square footage permitted for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Setbacks-- Required setbacks for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. The front setback along Vail Road shall be a minimum of 16'. Height— The maximum building height for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. For the purposes of SDD No. 6, Phase IV, calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of sloping roof unless otherwise specified in Approved Development Plans. Site Coverage-- 4 Ordinance No. 21, Series of 2001 The maximum allowable site coverage for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Landscaping-- The minimum landscape area requirement for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Parking and Loading-- The required number of off-street parking spaces and loading/delivery berths for Phase IV shall be provided as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. In no instance shall Vail Road or the South Frontage Road be used for loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a tenant, occupant or user of the building for which the space, spaces or area are required to be provided by the Zoning Regulations or ordinances of the Town. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail. Section 5. Aaaroval Aareements for Special Development District No. 6. Phase IV. Vail Plaza Hotel 1. That the Developer submits detailed civil engineering drawings of the required off-site improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements, Vail Road landscape median improvements, etc.) as identified on the off-site improvements plan to the Town of Vail Public Works Department for review and approval, prior to application for a building permit. 2. That the Developer submits a detailed final landscape plan and final architectural elevations for review and approval of the Town of Vail Design Review Board, prior to application for a building permit. 3. The SDD approval time requirements and limitations of Section 12-9A-12 shall apply to Ordinance No. 21, Series of 2001. In addition, the phasing of the construction of the hotel shall not be permitted. 4. That the Developer submits the following plans to the Department of Community Development, for review and approval, as a part of the building permit application for the hotel: a. An Erosion Control and Sedimentation Plan; b. A Construction Staging and Phasing Plan; 5 Ordinance No. 21, Series of 2001 C. A Stormwater Management Plan; d. A Site Dewatering Plan; and e. A Traffic Control Plan. 5. That the Developer receives a conditional use permit to allow for the construction of 18, Type III Employee Housing Units in Phase IV of the District, in accordance with Chapter 12-16, prior to the issuance of a building permit, for the housing of 38 employees totaling 9,618 square feet of floor area. 6. That the Developer submits a complete set of plans to the Colorado Department of Transportation for review and approval of a revised access permit, prior to application for a building permit. 7. That the Developer meets with the Town staff to prepare a memorandum of understanding outlining the responsibilities and requirements of the required off-site improvements, prior to second reading of an ordinance approving the major amendment. 8. That the Developer submits a complete set of plans responding to the design concerns expressed by Greg Hall, Director of Public Works & Transportation, in his memorandum to George Ruther, dated 12/13/99. The drawings shall be submitted, reviewed and approved by the Town Engineer, prior to final Design Review Board approval. 9. That the developer records a public pedestrian easement between the hotel and the Phase III Condominiums and between the Phase V Building property lines. The easement shall be prepared by the developer and submitted for review and approval of the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy. 10. That the Developer record a deed-restriction, which the Town is a party to, on the Phase IV property prohibiting the public use of the spa facility in the hotel. Said restriction may be revoked if the Developer is able to demonstrate to the satisfaction of the Town that adequate provisions for vehicle parking have been made to accommodate the public use of the spa. The restriction shall be recorded prior to the issuance of a building permit. 11. That the Developer submits a final exterior building materials list, a typical wall-section and complete color rendering for review and approval of the Design Review Board, prior to making an application for a building permit. 6 Ordinance No. 21, Series of 2001 12. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel for review and approval of the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy. 13. That the Developer submits a roof-top mechanical equipment plan for review and approval of the Design Review Board prior to the issuance of a building permit. All roof-top mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and screened from public view. 14. That the Developer posts a bond with the Town of Vail to provide financial security for the 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 15. That the Developer installs bollards or similar safety devices at the intersection of the delivery access driveway and the sidewalk along the South Frontage Road to prevent conflicts between pedestrians and vehicles, prior to the issuance of a Temporary Certificate of Occupancy. 16. That the Developer studies and redesigns the entrance on the north side of the hotel across from the entrance to the Gateway Building to create a more inviting entrance or a design that redirects pedestrians to another entrance. The final design shall be reviewed and approved by the Design Review Board prior to the issuance of a building permit. 17. That the Developer coordinate efforts with the owners of the Gateway Building to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve potential loading and delivery concerns at the Gateway. If a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. 18. That the Developer revises the proposed floor plans for the Vail Plaza Hotel to provide freight elevator access to the lowest level of the parking structure. The revised plans shall be submitted to the Town of Vail Community Development Department for review and approval prior to the issuance of a building permit. 19. That the Developer, in cooperation with the Town of Vail Public Works Department design and construct a left-turn lane on Vail Road and reconfigure the landscape island in the South Frontage Road median to eliminate left-turns from the loading/delivery. The construction shall be completed prior to the issuance of a Temporary Certificate of Occupancy. 20. That the Developer provides a centralized loading/delivery facility for the use of all owners and tenants within Special Development District No. 6. Access or use of the facility shall not be 7 Ordinance No. 21, Series of 2001 unduly restricted for Special Development District No. 6. The loading/delivery facility, including docks, berths, freight elevators, service corridors, etc., may be made available for public and/or private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery impacts upon the Vail Village loading/delivery system. The use of the facility shall only be permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The Developer will be compensated by the Town of Vail and/or others for the common use of the facility. The final determination of the use of the facility shall be mutually agreed upon by the Developer and the Town of Vail. 21. That the Developer submits a written letter of approval from adjacent properties whose property is being encroached upon by certain improvements resulting from the construction of the hotel, prior to the issuance of a building permit. 22. That the Developer executes a Developer Improvement Agreement to cover the completion of the required off-site improvements, prior to the issuance of a building permit. 23. That the Developer record Type III deed-restrictions of each of the required employee housing units, with the Eagle County Clerk & Recorder's Office, prior to the issuance of a Temporary Certificate of Occupancy. 24. That the required Type III deed-restricted employee housing units not be eligible for resale and that the units be owned and operated by the hotel and that said ownership transfer with the deed to the hotel property. Section 6. Approval Expiration: Time Limitations The Developer must begin initial construction of the special development district by no later than May 1, 2003, and continue diligently toward the completion of the project. If the Developer does not begin initial construction and diligently work toward the completion of the special development district within the time limit imposed above, the approval of said special development district shall become null and void. Section 7. If 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. 8 Ordinance No. 21, Series of 2001 Section 8. 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 9. 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 PUBLISHED ONCE IN FULL ON FIRST READING this 21St day of August, 2001, and a public hearing for second reading of this Ordinance set for the 4th day of September, 2001, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4th day of September, 2001. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk 9 Ordinance No. 21, Series of 2001 ORDINANCE NO. 22 Series of 2001 AN ORDINANCE REQUESTING AN INITIATIVE TO AMEND THE CHARTER OF THE TOWN OF VAIL, COLORADO, BE PLACED ON THE NOVEMBER 6, 2001 BALLOT, CHANGING THE TEXT OF ARTICLE V, INITIATIVE AND REFERENDUM. WHEREAS, the Petitioners have circulated a petition and submitted said petition to the Vail Town Council to initiate the amendment of Article V of the Home Rule Charter of the Town of Vail at the Regular Municipal Election to be held on November 6, 2001; and WHEREAS, the Town Council wishes to submit this amendment to the Charter of the Town of Vail to the registered electors of the Town of Vail for their vote at the next regular municipal election set for November 6, 2001 and to set a ballot title for same. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: 1. The Ballot Title shall read: SHALL THE CHARTER OF THE TOWN OF VAIL, COLORADO, BE AMENDED TO CHANGE ARTICLE V, INITIATIVE AND REFERENDUM, TO CHANGE THE LANGUAGE THAT REFERS TO ORDINANCE; FROM ORDINANCE TO COUNCIL ACTION AND EXTENDING CERTAIN DEADLINES. 2. Upon an affirmative vote of the registered electors of the Town of Vail, Article V, Initiative and Referendum, Sections 5.1 through 5.8, shall be amended to read as follows: (if the proposal is adopted, the language having a -&tril.athr-augh will be deleted and the language having an underline will be added) ARTICLE V INITIATIVE AND REFERENDUM Section 5.1 - General Authority: 1 (a) Initiative. The registered electors of the town shall have the power to propose any ordinance to the council, in accordance with the provisions of this article of the Charter. In the event council fails to adopt said proposed ordinance without any change in substance, the said proposed ordinance shall be submitted to the registered electors at a town election for their acceptance or rejection. (b) Referendum. The registered electors of the town shall have the power to require reconsideration by the council of any ordinanse council action. For the purpose hereof, "council action" is defined as either an ordinance, a resolution or a motion. aii4-, If the council fails to repeal an afdinanse council action so reconsidered, the electors of the town shall then have the power to approve or reject it such council action at a town election, in accordance with the provisions of this article of this Charter; provided that such power shall not extend to the appropriation of any revenues, or council action calling a special election, and any ordinance necessary for the immediate preservation of the public peace, health, or safety. Section 5.2 - Commencement Of Proceedings; Petitioners' Committee; Affidavit: Any five (5) registered electors may commence initiative or referendum proceedings by filing with the town clerk within fifteen (15) davs of council action an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form stating their names and addresses and specifying the addresses to which all notices to the committee are to be sent and setting out in full the proposed initiative ordinance or signing the eF4i ;gin c-° council action sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk shall issue the appropriate petition blanks to the petitioners' committee. 2 Section 5.3 - Petitions: (a) Number Of Signatures. Initiative petitions must be signed by registered electors of the town in number to at least fifteen (15) percent of the total number of electors registered to vote at the last regular municipal election. Referendum petitions must be signed by registered electors of the town equal in number to at least ten (10) percent of the total number of electors registered to vote at the last regular municipal election. (b) Form And Content. All pages of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the 3rdilna-nee council action proposed or sought to be reconsidered. (c) Affidavit Of Circulator. Each page of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he personally circulated the petition, the number of signatures thereon, that all signatures were affixed in his presence, that he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (d) Time For Filing Referendum Petitions. Referendum petitions must be filed within thirty 0) fortv-five (45) days after adoption by the council of the efdinan-ee council action sought to be reconsidered. Section 5.4 - Procedures After Filing: (a) Certificate Of Clerk; Amendment. Within ten (10) days after the petition is filed, the town clerk shall complete a certificate as to its sufficiency, 3 specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by certified mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the clerk within two (2) days after receiving the copy of his certificate and files a supplementary petition upon additional forms within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsection (b) and (c) of Section 5.3, and within five (5) days after it is filed the clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by certified mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request council review under subsection (b) of this section within the time required, the clerk shall promptly present his certificate to the council, and the certificate shall then be a final determination as to the sufficiency of the petition. (b) Council Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two (2) days after receiving the copy of such certificate, file a request that it be reviewed by the council. The council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the council's determination shall then be a final determination as to the sufficiency of the petition. (c) Court Review; New Petition. A final determination as to the insufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the 4 filing of a new petition for the same purpose. (Charter amd. 9-16-1997) Section 5.5 - Referendum Petitions; Suspension Of Effect Of 9 dinar e Council Action: When a referendum petition is filed with the town clerk, the eF inaMce council action sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: 1. There is a final determination of insufficiency of the petition, or 2. The petitioners' committee withdraws the petition, or 3. The council repeals the ^or-dinanee council action, or 4. Certification of a favorable vote of the town on the efd:ncmae council action. 5. Emergency ordinances shall continue in effect unless the majority of the council votes to suspend the ordinance pending the election. Section 5.6 - Actions On Petitions: (a) Action By Council. When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided in Article IV or reconsider the referred ordinance by voting its repeal; provided, however, that the council shall have power to change the detailed language of any proposed initiative ordinance and to affix the title thereto, so long as the general character of the measure will not be substantially altered; and provided further, that repeal of any referred ordinance may be effected only by a three-fourths majority vote of the entire council. (b) Submission To Voters. The vote of the town on a proposed 3r rid ordinance or referred council action shall be held not less than thi: x-(39} fortv-five (45) days and not later than ninety (90) days from the date of the final 5 council vote thereon. If no regular town election is to be held within the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the council may at its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed 3r rued ordinances or referred council action shall be made available to the public within a reasonable time before the election and also at the polls at the time of the election. (c) Withdrawal Of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the thirtieth (30th) day preceding the day scheduled for a vote of the town by filing with the town clerk a request for withdrawal signed by a majority of the petitioners' committee. With the consent of the majority of the council and upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. Section 5.7 - Submission By Council: The council on its own motion shall have the power to submit at a regular or special election any proposed ordinance or any question to a vote of the registered electors. Section 5.8 - Results Of Election: (a) Initiative. If a majority of the registered electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendum. If a majority of the registered electors voting on a 6 referred erdinanee council action vote against it, it shall be considered repealed upon certification of the election results. (c) An ordinance adopted by the electorate may not be amended or repealed for a period of six (6) months after the date of the election at which it was adopted, and an ardinar ae council action repealed by the electorate may not be reenacted for a period of six (6) months after the date of the election at which it was repealed; provided, however, that any ordinance or council action may be adopted or amended or repealed at any time by appropriate referendum or initiative procedure in accordance with the foregoing provisions of this article, or, if submitted to the electorate by the council on its own motion. 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision 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. 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 21st day of August, 2001. A public hearing shall be held hereon on the this 21 st day of August, 2001 at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. 7 Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full this 4th day of September, 2001. Ludwig, Mayor ATTEST: Lorelei Donaldson, Town Clerk 8 MEMORANDUM TO: Vail Town Council FROM: Bob McLaurin, Town Manager RE: Town Manager's Report DATE: September 4, 2001 Westhaven Drive Reconstruction Budaet Auaroval As we discussed last week, the Town of Vail bid a reconstruction of Westhaven Drive. The bid included the base bid and two alternates. Alternate #1 included lowering the existing street beneath the Cascade Club pedestrian bridge from 13 feet 6 inches to 15 feet. Alternative #2 include the relocation of existing boulders along the southern edge of pavement of Westhaven Drive in front to the Mill Race Condos. This would improve site distance and traffic safety. We are continuing to negotiate with both bidders at this time. However, in order to move this project forward in a timely manner, we are asking for authorization for this project to proceed. We are requesting of Council at this time that the project budget be increased by $10,000 for a total of $210,000. This would provide the funds necessary to complete the base construction, address the site distance concern, and to provide some degree of improvement at the pedestrian bridge. It also includes $15,000 for material testing and contingency. We are unable to recommend a specific contractor at this time because of additional work being proposed by Cascade Village. Therefore, we are requesting a project budget of $210,00 and will advise the Council as to the preferred contractor once we have resolved these other issues. UPCOMING ITEMS: September 11. 2001. Work Session Town Manager's Budget/Budget Overview Property Tax Issue Revenue Budget Capital Projects Discussion Quarterly Meeting for the Vail Local Marketing District DRB/PEC Report AIPP Request September 18. 2001 Work Session Interviews for Appeals Board Continuation of RETT Project Discussion Revisit dog park VLHA - Discussion on Lease & Deed Restrictions proposed to Devlopers East Vail Open Space Rezoning Ordinance Discussion "Clean Up" Ordinance Discussion September 18. 2001 Evenina Meetinq Community Survey Update Appointment of Appeals Board East Vail Open Space Rezoning Ordinance, V t reading "Clean Up" Ordinance, 18t reading Approval of Aug. 7t" and 21St minutes Supplemental Ordinance, 2nd reading Gateway SDD Ordinance, 2nd reading September 25. 2001 Work Session Donovan Park Walkabout Highland Meadows Annexation Discussion Business Index Discussion DRB/PEC Report MEMORANDUM TO: Vail Town Council FR: Bob McLaurin A4---- Town Manager DT: August 31, 2001 RE: COUNCIL TERM RECAP & TRANSITION With the end of summer, the Council election is two months away. As we move toward November, I wanted to take this opportunity to work with you on improving the effectiveness of the Town organization. I realize (more than most) that being an elected official in Vail is a very difficult and thankless job. In fact, this job has becoming increasing difficult with each passing year. This council has faced enormous challenges in the last two years, as have we as an organization at large - challenges to do more with less, to build bridges in an increasingly fractionalized community, to make tough decisions, to increase communication and partnership with the community, and to lead effectively. Many people predict our challenges will only become more rigorous in the days ahead. With the ending of this council's term around the corner, I would like to take the opportunity to hear your perspectives and gain your insights on a number of issues you faced over the last two years. The goal of this exercise is to identify those things that seem to be working at the council and organizational levels, to build a stronger bridge between the two levels, to create stronger relations between the community and the organization, and to proactively plan for the transition to next town council and the coming council term. I have asked Caroline Fisher to assist us with this process. This process will take place in the form of interviews conducted with both council members and staff during the month of September. Following the interviews, I have Caroline to draft a report with suggestions for the organization to help us be more effective with the new council and council term. Although the interview questions have not yet been finalized, they will be designed to receive your perspectives in numerous arenas including: • What do you consider the most important council successes over the last two years? • What do you consider your most important individual successes as a council member over the last two years? • What were the organization's most important successes over the last two years? • What seemed to most support success and effectiveness at the council team level? For you at the individual level? • What seemed to most hinder success and effectiveness at the council team level? For you at the individual level? • Describe the ideal relationship between the council and the town manager. • Describe the ideal relationships between the council and the organization at large. • What were the most important things you learned as a council member in the last two years? As a leader? As a team member? • What do you wish you would have accomplished but were unable to in the last two years? Why do you feel you were unable to accomplish this? • What advice would you give to the incoming council? • What advice would you give to the organization to best support the incoming council? Again, these questions are formulated for the purpose of learning from our last two years of working together and applying those [earnings to the days ahead. Your insights will be vital for this process and I thank you in advance for investing the time. NEXT STEPS SETTING UP THE INTERVIEW: You will receive a phone call from Caroline Fisher within the next two weeks to set up a time for your conversation. INTERVIEW LENGTH: The interview should take no more than one hour and can be conducted either in person or by phone. DEADLINE: I have asked that all interviews be completed by the end of September - with a report generated in October and in time for the incoming council. If you have any questions about this process, don't hesitate to call me. Again, thank you for supporting us in our continual improvement. ORDINANCE NO. 26 SERIES OF 2001 AN ORDINANCE APPOINTING THE VAIL LOCAL HOUSING AUTHORITY AS SPECIAL FIDUCIARY AGENT TO IMPLEMENT THE MOUNTAIN BELL PROJECT WHEREAS, the Town Council of the Town of Vail recognized the need for a housing authority and by passage of Resolution 25 Series of 1990, created the Vail Local Housing Authority in accordance with Colorado law; and WHEREAS, the Town Council of the Town of Vail, acting ex-officio, as the Vail Local Housing Authority issued a request for proposal for a rental development for employees working in the Vail Valley and a permanent facility for a child education center; and WHEREAS, the request for proposal solicited bids for a developer to design, develop, build, own (subject to land lease) operate and maintain such project; and WHEREAS, the Town Council appointed new members of the Vail Local Housing Authority (VLHA) pursuant to Colorado law to complete and implement the project; and WHEREAS, the VLHA is owner representative for the Town of Vail with respect to a portion of the Mountain Bell Site owned by the Town of Vail; and WHEREAS, the VLHA was asked by the Town of Vail to complete the request for proposal process, select the developer and negotiate, consummate and manage a Development Agreement for the project; and WHEREAS, the VLHA requires authority from the Town Council to act as the Town's owner representative, to complete the Development Agreement and to implement its terms with the Developer; and WHEREAS, the Development Agreement will provide that the project require approval by the Town for conformance with all public approvals independent of the other agreements covered in this Ordinance (PEC, DRB). NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Section 1. The Vail Local Housing Authority is hereby appointed as Special Fiduciary Agent to: a. implement the terms of the Development Agreement for the development of the Project dated August 30, 2001, and executed by VLHA on behalf of the Town; b. in accordance with the Development Agreement, make, enter into, execute and perform on behalf of the Town, the Land Lease and Deed Restriction pursuant to the terms of the Development Agreement and in accordance with the goals of the Town set forth in the RFP; c. Generally, to monitor and enforce, on behalf of the Town, the ongoing compliance of the Developer under the Development Agreement, the Land Lease and the Deed Restriction. Section 2. The Town Council hereby ratifies and approves the Development Agreement dated August 30, 2001, and executed by VLHA. Section 3. To provide a process to ensure ongoing compliance and communication between VLHA and the Town Council regarding any disputes concerning VLHA's special agency, the Town's review of such performance shall incorporate the following mediation and arbitration process: If a dispute arises out of or relates to this Ordinance, and if the dispute cannot be settled through negotiation, the Parties agree first to try in good faith to settle the dispute by non-binding mediation administered by a mediator mutually selected by the Parties prior to resorting to binding arbitration or litigation. In the event the Parties cannot agree upon a mediator, the mediation shall be administered through the American Arbitration Association. Any controversy or claim arising out of or relating to this appointment as special agent, which cannot be resolved by the aforesaid mediation shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute arises prior to completion of the Project, to the extent practicable the work shall continue unabated while the dispute is being resolved. Section 4. If 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. Section 5. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail 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 proceedings 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 6. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of September, 2001, at 7:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of September, 2001. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk