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Home My WebLink About2007-10-16 Support Documentation Town Council Work SessionVAIL TOWN COUNCIL WORK SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 12:10 P.M., TUESDAY, OCTOBER 16, 2007 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. Council will be served Lunch. 1. George Ruther ITEM/TOPIC: The applicant, ,Vail Resorts Development Company, represented by Bob Stozek, is requesting to proceed through the development ,review process with a proposal to construct improvements on the Town of Vail owned Tract A, Vail Lionshead Filing 3, generally located between the Antlers and Lion Square Lodge properties, adjacent to Gore Creek. (Potential Site Visit.) (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the request for property owner authorization to proceed through the development review process. BACKGROUND RATIONALE: It is the desire of the applicant, Vail Resorts, to apply for applications to amend the approved ArraBelle project development plan to remove skier drop-off from the ArraBelle Hotel- site and to construct a new skier drop-off parking lot. The proposed skier drop-off parking lot would be located on ,property owned by the Town of Vail. Therefore, the applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the Town's development review process. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council denies the applicant's request to proceed through the development review process. 2. Warren Campbell ITEM/TOPIC: PEC/DRB Update. (15 min.) 3. George Ruther ITEM/TOPIC: A historical summary of the town's ownership and use of the Town-owned condominium unit at 100 East Meadow Drive/Phase V, Vail Village Inn Ptaza. (5 min.) BACKGROUND: The Vail Town Council asked staff to review the town's records to better understand the terms by which the towrn acquired the lower level unit in the condominiums located in Phase V of the Vail Village Inn Plaza. Upon review of the town's records, including staff memos to the Planning & Environmental Commission and the Vail Town Council, it is clearly documented that the developer of the Phase V Condominiums was required 110 dedicate approximately 4,000 square feet of building space to accommodate. a ski museum. While no specific statements regarding the exclusive use of the space could be located in the record, more general statements made about the town's use of the space are contained in the record. A copy of the staff memorandum to the Vail Town Council dated Qctober 16, 2007, has been attached for reference. ACTION REQUESTED OF COUNCIL: No action of Council is requested at this time. 4. Nina Timm ITEMlTOPIC: The owners of two deed restricted Employee Housing Units located at 201 Gore Creek Drive (the Bell Tower building) have requested a release of the deed restriction on EHUs located ire the Bell Tower. In exchange for the release, the owners will providE; the Town of Vail a Type fV deed restricted unit at 4192 Spruce Way (i4ltair Vail Inn). (10 min.) ACTION REQUESTED OF COUNCIL: Approve or deny the request BACKGROUND RATIONALE: It is the desire of the Bell Tower Employee Housing Units owners to remove the two deed restricted EHUs which total 597 square feet, located at the Bell Tower building and replace them with a new deed restricted EHU located at 4192 Spruce Way, which is 1,192 square feet. The existing EHU sgi,~are feet would then be incorporated into the primary residence located on the third floor of the Bell Tower building. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves the request subject to confirmation of continued compliance of the Bell Tower building with the Town of Vail Zoning Regulations. 5. Scot Hunn ITEMROPIC: An appeal of the Town of Vail Design Review . Board's denial of a design review application (DR607-0330), pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (exterior materials) to an existing residence, located at 3956 Lupine Drive/Lot 4, Block 2, Bighorn Subdivision, 1St Addition, and setting forth details with regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Design Review Board's denial of a design review application (DR607-0330) pursuant to Section 12-11, Design Review, Vail Town Code. BACKGROUND RATIONALE: On August 15, 2007, the Design Review Board denied a request for a change to approved plans pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (exterior materials) to an existing. residence, located at 3956 Lupine Drive/Lot 4, Block 2, Bighorn Subdivision, 1St Addition. On September 4, 2007, the Appellant filed an appeals form to appeal the .Design Review Board's denial of a design review application (DR607-0330). Please refer to the staff memorandum dated October 16, 2007, for additional information. 6. Scot Hunn ITEMlTOPIC: Discussion of the First Reading of Ordinance No. 31, Series of 2007, an ordinance approving a major amendment to Special Development District No. 4, Vail Cascade, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units, located at 1310 Westhaven DriveNail Cascade Subdivision, and setting forth details in regard thereto. (PEC07-0058). (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 31, Series of 2007, on first reading. BACKGROUND RATIONALE: On October 24, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 4, Vail Cascade, pursuant to Article 12- 9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units, located at 1310 Westhaven DriveNail Cascade Subdivision, and setting forth details in regard thereto. (PEC07-0058). Specifically, the Applicant proposes to increase the number of dwelling units from eleven (11) to fourteen (14) within the "CMC" building, with no increase to Gross Residential Floor Area (GRFA). Upon review of the request, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval, with condition, of the request to amend Special Development District No. 4, Vail Cascade, to the Vail Town Council. STAFF RECOMMENDATION: Staff recommends that Town Council approves Ordinance No. 31, Series ~ of 2007, on first reading. 7. Matt Mire ITEM/TOPIC: Discussion of the First reading of Ordihance No. Tom Talbot 23, Series 2007. An Ordinance Deleting Section 5-1-5, Vail Tovvn Code, Regarding Abatement of the Mountain Pine Beetle; Amending Title 5 Vail Town Code with the Addition of Chapter '10 "Abatement of the Mountain Pine Beetle and Wildfire Fuels Reduction"; and Setting Forth Details in Regard Thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny first reading of Ordinance No. 23, Series 2007. BACKGROUND: Within the State of Colorado and within tt'ie Town there exists a growing mountain pine beetle epidemic. Thee presence of the mountain pine beetle and beetle infested trees within. the Town presents a real and substantial risk to .the publiic health, safety and welfare, including the increased risk of rapidlly spreading fire. In addition, the presence of dead or substantially dead trees, regardless of the cause, also presents the increased risk and danger of rapidly spreading fire as described above. As such, certain text amendments are necessary to the Vail Town Code, as they relate to the abatement of the mountain pine beetlE~, dead or substantially dead trees and other fire fuels to protect the health, safety and welfare of the Town and its inhabitants. STAFF RECOMMENDATION: Approve, amend or deny first reading of Ordinance No. 23, Series 2007. ACTION REQUESTED OF COUNCIL: Approve, amend or deny first reading of Ordinance No. 23, Series 2007. 8• ITEMlTOPIC: Information Update. (10 min.) • Reschedule January 1 Council Meeting. Background Rationale: Because January 1st, Tuesday, would bs~ a regular Council meeting day but serves as the actual New Year's holiday, staff recommends amending the January 1, `08~ meeting date to January 8th, with the next regular meeting on the 15th. Due to our Charter, should a first reading occur at the January 8th meeting, it could not have its second reading until the first meeting in February, February 5th. Also, because the annual Community Meeting had been scheduled for Tuesday, January 8th, 2008, staff has re-scheduled that meeting to the fourth Tuesday of the month, January 22nd. Please let staff know if this is a suitable re-scheduling. 9• ITEM/TOPIC: Matters from Mayor & Council. (10 min.) 10. Stan Zemler ITEM/TOPIC: Executive Session, pursuant to 1) C.R.S. §24-6- 402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property interests; to receive legal advice on specific legal questions; and to determine positions, develop a r strategy and instruct negotiators, Re: Vail Town owned real property. (2 hrs.) 11 • ITEMlTOPIC: Adjournment. (3:50 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 BEGIN AT TBD, TUESDAY, NOVEMBER 6, 2007 IN THE VAIL TOWN COUNCIL CHAMBERS. PLANNING AND ENVIRONMENTAL COMMISSION October 8, 2007 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME 75 S. Frontage Road -Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Rollie Kjesbo Scott Proper Dick Cleveland David Viele Anne Gunion Bill Pierce Michael Kurz No Site Visits 15 minutes 1. A request for a final approval of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses; Vail Town Code, to allow for public utilities installations, located at 169 North Frontage Road West, Lot 2, Middle Creek Subdivision and setting forth details in regard thereto. (PEC07-0060) Applicant: ,Cricket Communications, Inc., represented by Mike Sharlow Planner: Nicole Peterson ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Pierce VOTE: 5-0-0 Condition(s): 1. The applicant shall paint and maintain the rusty elements on the top of the Sprint Tower prior to requesting final Town of Vail construction inspections. 2. The applicant shall remove any obsolete telecommunications equipment from the Sprint Tower prior to requesting final Town of Vail construction inspections. 3. The conditional use permit is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. Nicole Peterson gave a presentation per the staff memorandum. There was no public comment. Commissioner Pierce asked some clarifying questions regarding the height and size of the antennas. Mr. Sharlow, representing the applicant clarified the ownership of the tower. He also stated that the antennas are flushed mounted with all wiring mounted internally. 15 minutes 2. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of a property from High Density Multiple-Family (HDMF) District to Housing (H) District, located at 501 North Frontage Road, Lot 8, Block 2, Vail Potato Patch and setting forth details in regard thereto. (PEC07-0059) Applicant: Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall Architects Planner: Scot Hunn ACTION: Recommendation of approval MOTION: Kjesbo SECOND: Kurz VOTE: 5-0-0 Page 1 Scot Hunn gave a presentation per the staff memorandum. The applicant had nothing further to add. Nancy Ricky, principal of Red Sandstone Elementary, stated that, on behalf of Red Sandstone Elementary and the School District, she was in general support of the Town's employee housing goals and specifically with the Applicant's proposed plans. She stated concern with safety of the school relative to access for tenants of the Solar Vail project across or through the School site. As the project moves forward, she asked the Applicant and PEC to insure that the tenants of the project have access to the sidewalk along the Frontage Road. Commissioner Kjesbo asked a clarifying question regarding the functionality of a set of stairs on the east side of project and whether they would work. Commissioner Kurz suggested that the Applicant study opportunities to add landscaping as a buffer between the Solar Vail site and the School. Jim Lamont, Vail Village Homeowners Association, asked about how parking would be assessed for offices and employee housing units. His organization has an issue with offices in the hou:>ing district. Scot Hunn responded that the office component would be assessed the standard office requirement per the Vail Town Code. 10 minuites 3. A request for a final recommendation to the Vail Town Council for a prescribed regulations amendment to 12-61-3, Conditional Uses, Vail Town Code, and to Section 12-16-7, Use Specific Criteria And Standards, Vail Town Code, pursuant Section 12-3-7, Amendment, Vail Town Code, to allow for professional offices and business offices as conditional uses, located at 501 North Frontage Road, Lot 8, Block 2, Vail Potato Patch and setting forth details in regard thereto. (PEC07-0059) Applicant: Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall ArchitE;cts Planner: Scot Hunn ACTION: Recommendation of approval MOTION: Kjesbo SECOND: Kurz VOTE: 5-0-0 Scot Hunn gave a presentation per the staff memorandum. Henry Pratt, representing the applicant, responded to Jim Lamont's comments made under item Number 2, regarding parking. He stated that the project would have a parking assessmenit for the office component and the housing component. There was no public comment. The Commission generally felt that the provision of office space in town, and specifically as included or integrated within an employee housing development, meets the intent of the Town's goals, policies and objectives. Page 2 15 minutes 4. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning from Arterial Business District to Lionshead Mixed Use 2, located at 953 and 1031 South Frontage Road (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth Details in regard thereto. (PEC07-0021) Applicant: Vail Resorts Development Company, represented by Thomas Miller Planner: Warren Campbell ACTION: Table to October 22, 2007 MOTION: Kjesbo SECOND: Pierce VOTE: 5-5-0 Warren Campbell informed the Commission that the applicant has requested a tabling on this item to the next hearing, in an effort to try and have a complete Commission present as they feel it is an important item and they would like as much input as possible. 60 minutes 5. A request for final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the Lionshead Inn and Lionshead Inn Annex (Fogata), and a request for final review of conditional use permits, pursuant to Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, Vail Town Code, to allow for attached accommodation units, lodge dwelling units, and multiple-family residential units on the first floor, and pursuant to Section 12-7H-5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a private parking lot, located at 701 and 705 West Lionshead Circle/part of Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC07- 0027, PEC07-0028) Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC Planner: Warren Campbell ACTION: Tabled to October 22, 2007 MOTION: Kjesbo SECOND: Pierce VOTE: 5-0-0 Warren Campbell informed the Commission that the applicant has requested a tabling on this item to the next hearing in an effort to try and have a complete Commission present as they feel it is an important item that they would like to have as much input as possible. 45 minutes 6. A request for a worksession to discuss a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 17, Ramshorn, to allow for the redevelopment of Ramshorn Lodge, located at 416 Vail Valley Drive/Block 3, Vail Village 5th Filing and Tract F-1, Vail Village Filing 5, and setting forth details in regard thereto. (PEC07- 0038) Applicant: Ramshorn Lodge, represented by Pylman & Associates, Inc. Planner: Scot Hunn ACTION: Tabled to November 12, 2007 MOTION: Kurz SECOND: Kjesbo VOTE: 4-0-1 (Pierce recused) Commissioner Pierce recused himself. Scot Hunn gave a presentation per the staff memorandum. Diane Milligan, representative of the Ramshorn Homeowners Association, made a presentation to the PEC. She said that this project serves to add onto existing residential units, and will not Page 3 include for-sale residential space. The project will also update the building to comply with l=ire Regluations and ADA regulations. It will include updating the lobby and the exterior of the building, while adding fire sprinklers. Todd Dunzy, Fritzlen Pierce Architects representing the applicant, showed a document i:hat compared the Tivoli to the proposed height of the Ramshorn. Todd showed two sections of the Ramshorn roof plan, showing elevations of both buildings. The building is proposed to be 50~ft-4 inches above grade on the south side, and 55 feet, 11 inches on the north side. He reiter2~ted that the Ramshorn building would not exceed the approved height of the Tivoli, which is 56 f~aet. Todd showed how the building .could support a fourth floor by the creation of an "exoskelei:on" structure , similar to that designed for the Manor Vail building. Diane Milligan said that the Ramshorn project will differ from the Manor Vail project in that Ramshorn will remove their current roof. Diane continued that the project is below allowable density, in that 16.8 units are allowed and they propose 16 units. They are only building to 7'7% of what the underlying zoning would allow. They are focusing on keeping under density, GFtFA and staying within the existing footprint as best they can. Commissioner Kjesbo asked for clarification on the new units. Diane Milligan answered that two of the four third floor units are expanding their units to the fourth floor. The other two units will not connect to the 3rd floor units, thus creating new units. However, those units will not be sold. Todd Dunzy continued that the plans show hatched lines for new floor area. Regarding structural issues, the third floor walls will be demolished and rebuilt with the fourth floor. He said they are still developing the floor plans for each owner. Diane Milligan said they worked on the site plan, and have addressed previously identified issues related to parking and landscaping. Todd Dunzy then showed the site plan to the PEC. They have been able to put 37 spaces within the site, thus meeting their requirement and exceeding existing parking. They have used Public Accommodation (PA) District setbacks, and are generally in compliance, although there are existing encroachments. He said the site wall proposed along the south property line will include a mural or some other public art, in order to provide a great public amenity. Diane Milligan asked about parking in the Ramshorn building. She said they have never valet parked a car in the history of the building. Further, if they were approved to develop 32 parking spaces rather than 37, she said she is confident that they will not be overparlced. She stated that such plan would be in conformance with the Vail Village Master Plan and would provide a beater pedestrian experience. She wanted direction from the PEC on how many parking spaces 1:hey needed to provide. Todd Dunzy added that if in the core parking area, they would only be required 22. He saki 32 would be more than adequate. He said that there are numerous options on parking and the combination of parking and landscaping on the site. Scot Hunn added that improved landscaping in certain areas immediately adjacent to the parkking lot entrance across from the Tivoli might be more appropriate than parking spaces. Todd Dunzy added that an employee unit is being proposed underneath the lobby, in one ('I ), 2 bedroom, 1100 square-foot unit. Page 4 Jim Lamont, representing the Vail Village Homeowners association, asked about parking on Lot P2. Jim questioned if the redevelopment of P2 into a "Founder's Garage-like' structure would be viable and desired. Diane and Todd, discussed the parking situation, stating that, in the future redevelopment of the P2 Lot may be desired by the building ownership if done in partnership with adjacent residential developments. Commissioner Gunion would like existing drawings to be included in future packages of materials. It will help her to determine what conditions are being made worse. With regard to building height she is concerned with the straight ridge line. Unbroken ridge should be articulated more. She discussed that deviations should allow for a betterment of another aspect of the zoning code or a neighboring property. Commissioner Kurz had many of the same comments that Commissioner Gunion. He stated that he supported the EHU and would support a reduced parking number. Commissioner Kjesbo stated that the EHU on site is positive, but that he would not support having reduced parking on site. Commissioner Cleveland likes EHU on site. He continued that he has concerns over the amount (scale) of development on the site and that he would not like to see parking reduced as a key component to the success of the Village. 45 minutes 7. A request for a final recommendation to the Vail Town Council, pursuant to Section .12-3-7, Amendments, Vail Town Code, for proposed text amendments to Title 11, Sign Regulations, and Title 12, Zoning Regulations, Vail Town Code, to allow for amendments to regulations pertaining to outdoor display, sales signs, menu boards, and setting forth details in regard thereto. (PEC07-0043) Applicant: Town of Vail and Vail Chamber & Business Association Planner: Rachel Friede There were three separate motions made on this item. Motion 1: Sale Signs ACTION: Recommendation for approval MOTION: Pierce SECOND: Kurz VOTE: 5-0-0 Motion 2: Outdoor Display ACTION: Recommendation for approval MOTION: Kjesbo SECOND: Pierce VOTE: 5-0-0 Motion 3: Menu Boards and Daily Special Boards ACTION: Recommendation for approval MOTION: Kjesbo SECOND: Kurz VOTE: 5-0-0 Kaye Ferry stated that she had been directed by her membership to remove the VCBA removed as an applicant from the application. George Ruther gave a presentation regarding the reasons behind re-opening the sign regulations for review. The three categories proposed for amendment represent the three most violated types of signage and display that occur on a regular basis. This problem may be indicative of issue with the code or the implementation to the code. In meeting with all the Page 5 merchants and other groups consensus was stressed. It was the goal of these amendments that compromise would be needed to reach this consensus. This may include tossing personal desires out the window and thinking of the better good of the Town. Kaye Ferry gave a presentation on the history of the proposed sign code amendment. She mentioned how staff had met with the VCBA and set up meetings with the restaurant and rE:tail communities separately. She stated her frustration that the proposed amendments do not reflect the agreements and compromise that were made. Commissioner Cleveland asked if tabling the item would be of any benefit. George Ruther asked the Commission to look at the chart at the back of the memorandum. He pointed out that for each sign topic there were differing perspectives from each of the groups. Commissioner Cleveland laid out the process for the remainder of the hearing. It was agreed that each of the amendments for the three types of signs would be discussed separately and that motions would be made on each type of sign after discussion in an effort to make some progress. George Ruther gave a presentation of the proposed amendments. He did this by going through the 11X17 attachment to the memorandum. He began with sales signs. Connolley, Vail homeowner, mentioned that creative people will find ways around the proposed sale sign regulation. He saw a sign saying "Partner Going Out Of Business" which may not fall into this category. He felt three square feet was small, and that the overall size should be regulated not number. Kaye Ferry suggested that a maximum square footage was the appropriate way to handle the issue as some retailers like to do more smaller sign verse fewer larger signs. Kelli McDonald, representing Vail Economic Advisory Council, stated that the VEAC's positions as found in the staff memorandum were accurate. Tom Higgins, owner of the American Ski Exchange posed the question that the Town should not really be in the business of the regulating signage. Customers will determine who makes it and who doesn't. He agrees there should be aesthetic regulations but it should be laissez faire between government and business. Bob Walsh, owner of Charlie's T-shirts, talked about the investment he had in his business and they have been in business for a great period of time and they should be trusted. Tom Neyens, owner of Bike Valet and Ski Valet in Lionshead, stated he has been in businessc for 17 years and is not sure why the sign code was enforced so accurately in the past year. He believes less enforcement is more. Commissioner Kurz identified there is a sign code and it does need some work. He would like to review the application and make some recommendations. Commissioner Gunion, stated that she has done a great deal of research since the last hearing and believes the proposed amendments could be more creative. She suggested that repetition and the use of one large graphic could be more appropriate than limiting number and size. She suggested having a specialist help write the regulations or looking at other communities to see what has been successful. Page 6 Steve Rosenthal, owner of Colorado Footwear, pointed out that Vail does more business per square foot than places like Beverly Hills, 5th Avenue, and other prime business locations, and thus, we should not compare Vail with other places. Commissioner Kurz said it is visual impact of signs that matters, and that signage should be limited in square footage, but not in number of signs. He said it would be easily enforced. Commissioner Cleveland agreed with the deletion of the extra signage provision. He agreed with Michael that 3 sq ft is adequate and that the number of signs should be deleted. Commissioner Pierce made a motion to forward a recommendation of approval, stating that he would like to prohibit signs that say "Liquidation" or "Going out of Business", eliminate the limitation on total number of signs, limiting sale signs to a total of 3 sq ft of signage, no change on height, and deletion of the special provision. Commissioner Kurz seconded the motion. The motion unanimously passed. George Ruther then made a presentation regarding the proposed changes to outdoor display. He asked the PEC whether they would prefer to have any additional regulation for outdoor display. Kaye Ferry stated that she believes it should remain unchanged. . Stephen Connolly asked how many businesses display on public property. George Ruther explained that many businesses do not have space on private property for display. Stephen Connolly stated that he has spoken to some guest and believes outdoor displays are necessary. Tom Neyens, stated that bike shops throughout town need to utilize public land to display and store bikes. He believes that a method for leasing public property is needed. Tom Higgins, stated that he is fortunate to have a covered arcade area that is on private property and that his initial signing of the lease was based upon the ability to display outside. Putting a display outside is welcoming to his customers, it is kind of a setting of the table for dinner guests. Tasteful displays can be beneficial. On .private property why does the Town want to be involved in regulating the displays as long as they are tasteful. Jackie Higgins stated that the Town is changing for the better or the worse, and in the desire to provide a living for their family, private property should be afforded the ability to do what is best for the business. Kaye Ferry added that it is almost impossible to put bike display on private property. Bike racks have been consistently suggested as being an exception to the display on public property. Commissioner Kjesbo, asked about the outdoor display and if it was creating a safety issue. George Ruther identified that in some situations there are safety issues. He gave an example of Tom Neyens and wanting to put a small grouping of bikes on private property. Page 7 Commissioner Kjesbo, does not agree with a lease with a fee, but a simple agreement on size and location should be agreed upon based upon specific situations of a site. Commissioner Gunion believes private property should be less regulated, but displays on public property should be.more regulated. She does not agree with leasing, but the displays should) be tasteful. On public property the Town should have the right to ask businesses to make changes to address concerns with the public health, safety, and welfare. Commissioner Pierce, stated that he agreed with Commissioner Gunion, but he believes i:hat there should be self regulation amongst the businesses. The Town has a high quality image ;and standard and if displays are not done well the Town will get into the business of regulating. Commissioner Kurz believes this issue should remain unchanged, but that displays on private land should be done tastefully. Commissioner Cleveland believes the Town should lease property to those without private property. Retail is very dynamic and changes. Bike shops need to display merchandise outside. Commissioner Kjesbo made a motion to forward a recommendation of approval, stating i:hat displays on private property shall remain as currently regulated and that a program should be established for allowing displays on public property that the Town would have control over with regards to size and aesthetics. Commissioner Pierce seconded the motion. The motion passed by unanimous vote. George Ruther gave a presentation on the proposed changes to the menu board and display board. Michael Staughton, owner of Los Amigos and Russell's, described the difficulty of putting menus into a 6 square foot box and having little area left. The dry erase boards allow for conveyance of specials. He would like to be able to use dry erase boards year round and would agree that a three square foot dry erase board would be acceptable. Bill Suarez, owner of Billy's Island Grill, stated he is appreciative that his input is being taken into account. He explained the advantages of having a dry erase board which can change frequently. Important year round. Steve Rosenthal believes that a special board is required for the time that Vail is currently in ~Nith people eating out more frequently. He would suggest nine (9) square feet total is enough area to display menus and daily specials. The Commissioners generally agreed that nine (9) square feet is appropriate and there should not be more than two signs with no more than six (6) square feet for the menu board and three (3) square feet for the daily specials board. Commissioner Cleveland suggested the regulation should say up to 9 square feet to allow flexibility for the Design Review Board. Commissioner Kjesbo made a motion to forward a recommendation of approval to create a menu board sign with a maximum allowable area of six (6) square feet and a daily specials board sign with a maximum allowable area of three (3) square feet. Commissioner Kurz seconded the motion. The motion passed unanimously. Page 8 8. Approval of September 24, 2007 minutes MOTION: Kurz SECOND: Pierce VOTE: 4-0-1 (Kjesbo abstained) 9. Information Update 10. Adjournment MOTION: Kjesbo SECOND: Kurz VOTE: 5-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published October 5, 2007, in the Vail Daily. Page 9 . n° ~~~ ~~ . PROJECT ORIENTATION DESIGN .REVIEW BOARD AGENDA PUBLIC MEETING October 3, 2007 3:00 P.M. Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Tom DuBois Mike Dantas Pete Dunning Brian Gillette Margaret Rogers SITE VISITS PUBLIC HEARING -TOWN COUNCIL CHAMBERS Galatyn Lodge DRB07-0522 / 5 minutes Final review of a minor alteration (roofing system) 365 Vail Valley Drive/Lot K, Block 5A, Vail Village Filing 5 Applicant: Hill Development Corporation, represented by Donald Charge ACTION: Approved MOTION: Dunning SECOND: Gillette VOTE: 4-0-0 2. Reiss Residence DRB07-0521 / 5 minutes Final review of a separation request (detach two-story garage) 1784 Matterhorn Circle/Lot 3, Vail Village West Filing 2 Applicant: Helmut Reiss, represented by Stephen Isom ACTION: Denied MOTION: Dunning SECOND: Gillette VOTE: 4-0-0 1:30PM 2:OOpm 3:OOpm Nicole Nicole 3. Landmark Condominiums DRB07-0480 / 5 minutes Bill Final review of new signs (supports/lighting for blades for retail tenants) 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3 Applicant: Landmark Commercial Development Co., represented by Fritzlen Pierce Architects ACTION: Approved MOTION: Dunning SECOND: Gillette VOTE: 4-0-0 4. Landmark Condominium DRB07-0489 / 5 minutes Bill Final review of changes to approved plans (facades, railings) 610 West Lionshead Circle/Lot 1 Block 1, Vail Lionshead Filing 1 Applicant: Landmark Commercial Development Co., represented by Fritzlen Pierce Architects ACTION: Tabled to October 17, 2007 MOTION: Dunning SECOND: Gillette VOTE: 4-0-0 Page 1 5. Gateway Association DRB07-0493 / 5 minutes Etill Final review of a minor exterior alteration (driveway /landscape) 12 Vail Road/Lot N, Block 5D, Vail Village Filing 1 Applicant: Gateway Association, represented by K. H. Webb Architects P.C. ACTION: Approved with condition(s) MOTION: Dunning SECOND: Gillette VOTE: 4-0-0 CONDITIONS: 'I) The applicant shall review the site plan so the sidewalk adjacent to Vail Road is a minimum of five feet (5') in width with a maximum two percent (2%) cross-slope. Staff Approvals Vail Child Care Center DRB07-0409 Final review of a minor alteration (playground renovation) 2099 North Frontage Road/Lot A, Vail das Schone Filing 3 Applicant: Vail Child Care Center, represented by Amy Drummet E3ill 9 Vail Road DR607-0432 E3ill Final review of change to approved plans (pool equipment room, shutters, location of fence) 9 Vail Road/Lot B, Vail Village Filing 2 Applicant: 9 Vail Road Condominium Association, represented by Fritzlen Pierce Architects Rondeau Residence DRB07-0452 Final review of a residential addition (deck enclosure; railings) 1613 Matterhorn Circle/Lot 26, Matterhorn Subdivision Applicant: Paul and Nancy Rondeau E3ill Covered Bridge Inc. DRB07-0472 1~Narren Final review of a new sign 227 Bridge Street, Suite E and G/Lots A, B, C, Block 5, Vail Village Filing 1 Applicant: Four Seasons /Playground at Intrawest Cross Residence DRB07-0477 ~Narren Final review of a minor exterior alteration (window, sliding door) 1190A Casolar Del Norte Drive/Lot 6A, Casolar Vail I Applicant: Jerry Cross, represented by Fritzlen Pierce Wilhelm Residence DRB07-0478 E3ill Final review of changes to approved plans (Trex decking, gas line) 4289 Nugget Lane, West'/s, Lot 5, Bighorn Estates Applicant: Robert and Karen Wilhelm Hibberd Residence DRB07-0483 E3ill. Final review of a minor exterior alteration (driveway) 122 East Meadow Drive, Building D/Lot K, Block 5E, Vail Village Filing 1 Applicant: Fred Hibberd, represented by Michael J. Haselhorst Cadmus/Barborek Residences DRB07-0490 Nicole Final review of a minor exterior alteration (stucco to stone) 3265 Katsos Ranch Road/Lot 10, Block 1, Vail Village Filing 13 Applicants: Mark and Marta Cadmus; Frank and Eve Barborek Page 2 Basile Residence DRB07-00492 Final review of a minor exterior alteration (re-roof) 2508 Arosa Drive/Lot 11, Block C, Vail Das Schone Filing 1 Applicant: David Basile, represented by Luis Landeros Nicole Sandstone Park Condominium Association DRB07-0494 Bill Final review of a minor exterior alteration (dumpster enclosure) 960 Red Sandstone Road/part of Block D, Lions Ridge Filing 1 Applicant: Sandstone Park Condominium Association, represented by DGN Inc. Redding Residence DRB07-0495 Bill Final review of a minor exterior alteration (repaint, driveway, stone veneer) 342 Mill Creek Circle/Lot 10, Block 1, Vail Village Filing 1 Applicant: Steve and Angie Redding Bailey Residence DRB07-0497 Bill Final review of a minor exterior alteration (flagpole) 1287 Vail Valley Drive/Lot 2, Block 3, Vail Valley Filing 1 Applicant: Gary S. Bailey Trustee, represented by Land Designs by Ellison Lindsay Residence DRB07-0498 Final review of a minor exterior alteration (deck) 3907 Lupine Drive/Lot 3, Block 1, Bighorn 1St Addition Applicant: Robert Lindsay, represented by Vanessa Bryant Nicole Dantas Builders, Inc. DRB07-0501 Warren Final review of changes to approved plans (retaining walls) 1772, 1778, 1788 Arosa Drive/Lots 10, 11, 12, Vail Village West Filing 1 Applicant: Dantas Builders, Inc. Reiss Residence DRB07-0502 Final review of a minor alteration (exterior painting) 1784 Matterhorn Circle/Lot 3, Vail Village West Filing 2 Applicant: Helmut Reiss Arrigoni Residence DRB07-0503 Final review of change to approved plans (fence) 1722 Geneva Drive/Lot 11, Block 1, Matterhorn Village Applicant: CH&B Arrigoni, represented by Balz Arrigoni Apollo Park DRB07-0504 Final review of change to approved plans (temporary walkway) 442 South Frontage Road/Lot 1, Tract A, Vail Village Filing 5 Applicant: Lunar Vail, LLC, represented by Ron Constien Smith / Egli Residence DRB07-0505 Final review of a minor alteration (entry) 2892 Kinnikinnick Road/Lot 1, Innsbruck Meadows Subdivision Applicant: Jeff Smith and Roger Egli Nicole Bill Joe Nicole Page 3 ~. Mount of the Holy Cross Lutheran Church DRB07-0506 Final review of a minor alteration (deck) 2557 Arosa Drive/Lot 8, Block #, Vail das Schone Filing 1 Applicant: Mount of the Holy Cross Lutheran Church, represented by Carl Walker Rubinoff Residence DRB07-0508 Final review of a minor alteration (deck) 4512 Meadow Drive/Timberfalls Condominiums Applicant: Ronald and Leah Rubinoff O'Malley Residence DRB07-0509 Final review of a minor alteration (windows) 354 Beaver Dam Road/Lot 9, Block 2, Vail Village Filing 3 Applicant: Thomas O'Malley, represented by Heid Construction Cofsky Residence DR607-0514 Final review of a minor alteration (driveway) 4946 Juniper Lane, Units A&B/Lot 7, Block 5, Bighorn 5th Addition Applicant: Robert Cofsky, represented by Colorado Mountain Home Properties Cofsky Residence DRB07-0513 Final review of a minor alteration (deck) 4946 Juniper Lane, Unit A/Lot 7, Block 5, Bighorn 5th Addition Applicant: Robert Cofsky, represented by Colorado Mountain Home Properties Lester Residence DRB07-0515 Final review of a minor alteration (retaining wall) 4779 Meadow Drive/Lot 1, Block 5, Bighorn 5th Addition Applicant: Therese Lester Pitkin Residence DRB07-0516 Final review of a minor alteration (landscaping) 95 Forest Road/Lot 32, Block 7, Vail Village Filing 1 Applicant: Ed Pitkin, represented by Happy Trees, LLC Timber Ridge Apartments DRB07-0523 Final review of a minor alteration (fence) 1280 North Frontage Road/Timber Ridge Village Subdivision Applicant: Town of Vail, represented by Blue Sky Restoration Thomson Residence DRB07-0524 Final review of a minor alteration (landscaping) 5188 Gore Circle/Lot 7, Block 3, Bighorn 5th Addition Applicant: John Thomson, represented by Mark Stelle McClure Residence DRB07-0526 Final review of a minor alteration (decks) 1708 Geneva Drive/Lot 4, Block 1, Matterhorn Village Subdivision Applicant: Rob McClure Warren Nicole Nicole V'Varren V'Varren Nicole Nicole Nicole Nicole Jloe Page 4 Town of Vail, Natural Area Preservation DRB07-0527 Warren Final review of a minor alteration (retaining wall) North of 0014 Beaver Dam Road/Lot 34, Vail Village Filing 1 Applicant: Town of Vail and Eagle River Water & Sanitation District The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Page 5 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: October 16, 2007 SUBJECT: Request to proceed through the development review process with a proposal to construct private improvements on the Town of Vail owned Tract A, Vail Lionshead Filing 3 (generally located between the Antlers and Lion Square Lodge, adjacent to Gore Creek). Applicant: Vail Resorts, represented by Bob Stozek Planner: George Ruther/Bill Gibson I. SUMMARY The Applicant, Vail Resorts, represented by Bob Stozek, is requesting permission to proceed through the Town's development review process for the construction of a skier drop-off parking lot on the Town of Vail owned Tract A, Vail Lionshead Filing 3, generally located between the Antlers and Lion Square Lodge properties, adjacent to Gore Creek. As the property owner, the Town Council may approve, approve with conditions,. or deny the Applicant's request for property owner authorization to proceed through the Town's development review process. Pursuant to Section III of this memorandum, Staff recommends denial of this request. II. DESCRIPTION OF REQUEST The Applicant, Vail Resorts, represented by Bob Stozek, is requesting permission to proceed through the Town's development review process for the construction of a skier drop-off parking lot on the Town of Vail owned Tract A, Vail Lionshead Filing 3, generally located between the Antlers and Lion Square Lodge properties, adjacent to Gore Creek. A vicinity map (Attachment A) and a copy of the Applicant's concept plan (Attachment B) have been attached for reference. Tract A is a Town of Vail owned property located within the Lionshead Mixed Use 1 District. The property is currently used for open space that accommodates the segment of public bike path connecting Lionshead Place and the Gore Creek Trail. The Applicant is obligated to accommodate skier drop-off in Lionshead, per the approved ArraBelle project development plan. The applicant is proposing to construct skier drop-off parking on Tract A. This proposal will require the Applicant to obtain Town of Vail approval of several development applications: • An application to amendment the approved ArraBelle development plan; • A major exterior alteration application for the parking lot on Tract A; • A conditional use permit application for the parking lot on Tract A; and • A design review application for the parking lot on Tract A. The Applicant can not proceed with the submittal of these applications without first obtaining the Town Council's property owner authorization for the proposed development on Tract A. III. STAFF RECOMMENDATION Staff recommends the Vail Town Council, as the owner of Tract A, Vail Lionshead Filing 3, denies the Applicant's request to proceed through the development review process. Staff's recommendation is based upon the following: • The Applicant is obligated to accommodate skier drop-off parking in Lionshead per the approved ArraBelle project development plan. • The proposed skier drop-off parking lot is not consistent with the Lionshead Redevelopment Master's detailed plan recommendations for Lionshead Place or for accommodating skier drop-off parking at the North Day Lot. • The. proposed skier drop-off parking lot is not consistent with the Lionshead Redevelopment Master's policy objective of improving the flow of pedestrians, vehicles, and bicycles, and mass transit in Lionshead; and instead will negatively affect traffic flow on Lionshead Place. • The proposed skier drop-off parking lot is not consistent with the Lionshead Mixed Use 1 District's purpose of ensuring adequate light, air, and open space. • The proposed skier drop-off parking lot will eliminate existing public open space, contrary to the Town's development goals and objectives. • .The proposed skier drop-off parking lot does not meet the Town's minimum engineering and development standards (drive aisle width, parking space sizes, etc.) • The proposed skier drop-off parking lot will adversely affect the Antlers and Lion Square Lodge properties abilities to comply with Building and Fire Code requirements (emergency exiting, access to fire department connections, etc.) • The proposed skier drop-off parking lot will have a negative visual and aesthetical impact to the adjacent Antlers and Lion Square Lodge properties and the public bike path. • The proposed skier drop-off parking lot will impact existing buried utilities on the site. Please be advised that should -the Town Council choose to approve this request, such an approval would not constitute an explicit approval of the proposed improvements. Any approval of this request will only grant the Applicant property owner authorization to proceed through the Town's development review process. IV. ATTACHMENTS A. Vicinity Map B. Concept Plan Attachment A ., i. 9 / ~; I ~j / i f?1 ~--1 I 3'' r. ~ ~r:~ i =L_~_J! - ~'~ `~ I' EDGE OF PROPOSED ' ~. s E%ISTINC ~ f~" SKIER DROP OFF PARKING SIDEWA ~ ~ Y• ~ I ~: e" 4 onnbN tt}~r~ ,; N Y 'A ~ ~2i ¢2 ~f~~ . ~ ~ I ASPHALT ]7TT _ PA(1NC (lYP) ' -aa.o ADO _ 7~~~~ `~~ I ~~, t REALIGN }{ DRAINAGE ~~.~•/ ~ END hALL ~ll~l. ~ SWALE - ' /~11`'.: `} v 2262 _[ ~~+~ (~ ~ ~ '' PHONEAPE`yESTALNC PROPOSED 10' ~7Yi' ,~ ~ ~ / I r-- ~_-~_- REALICNED PATH I 7.1111 / ~ ~ I ~ ~.. cNo ~u = \ ` I ~ a~ F 2. +w ` ~_ _ _ 1 I ~ „ - - PROPOfi D'MfiE RE.TAININO i pR01:- i 'y Z Ox WALL YA H; 27 NIGH: 1~ . ~ 3 2I 5$ ~Q ATIOM ~ f ~~ ~ ~ CONCRE - •YD110(/CAR ~.. - ~ / ~ IECO:- A ~ _. ~ ~_. _ '. BARRI AND 15 ?ilCk~' ] ( PEDES IAN RA¢~NC 5[E ~I \`~ ~ .'`o ~ ~1~3. / ~ TW 2 ~f ATTACH D DQTAII. ,~~ /. X93- ~'. R a -- - %~+" - '-~ E LIC11tl. ;QUAKE a 4a 5,is.1 ~ ~~ ~ '~ DGE 3, ~ -- J-. _--- -- i i ~_/ 'I-' i 1 ~ - 'BW 156 / _ / .' I .. W 2A.6, M~t1~i I y'. '~.,/ I ~ ' -- -'i}.y - - - ~ li~l~ =~r---.1' ,' i r=='=I= CONCEPT PLAN -SKIER DROP OFF PARKING "'°`°°"°" 'The ArraBelle 4~4~ at Vail Square DRAWING N0: CSK-lOJ PE[EPENCL Na ns•r.fd~W a'°°~~"d'Y° ISSUL IU Vail Aeaorta arz: io-o.-o~ Alpine p ive~edee.ln~ DevdoPa'H'~ Pa~7 oP,•wri av; rs~ a. a`t D n W MEMORANDUM TO: Vail Town Council FROM: George Ruther, Community Development Director DATE: October 16, 2007 SUBJECT: A historical summary of the town's ownership and use of the Town-owned condominium unit at 100 East Meadow Drive/Phase V, Vail Village Inn Plaza. SUMMARY This memo is in response to requested research regarding the following properties: 1. 15 West Meadow Drive (old Ski Museum site); Vail Village Filing II - Lot B and 2. 100 East Meadow Drive (Existing multi-tenant building including Town owned condo -Unit 2 of Village Inn Plaza Phase V); Vail Village Filing I -Lot M. Please find the timeline below that includes a chronological list of events related to the subject properties. TIMELINE • June 25, 1975: According to Eagle County records, Town of Vail purchased 15 West Meadow Drive (Old Ski Museum site) from Mountain States Telephone and Telegraph Company for $25,000. • January 23, 1976: Deed recorded for property at 15 West Meadow Drive states following reservation: "The property shall be used exclusively for a museum or other related public use for 25 years from the date of said.deed." (Expired January 23, 2001) • March 1976: Established SDD #6 including Lot M (100 East Meadow Drive) • 1977: Colorado Ski Museum established at 15 West Meadow Drive • April 20, 1987: PEC meeting includes request to amend Special Development District No. 6, Vail Village Inn. Minutes state the following: "Regarding the Ski Museum, Jay (Peterson] stated that 4, D00 square feet of building could be given to the Town to use free of charge for any use the Town would want." • May 25, 1987: Vail Village Inn Phase V building constructed at 100 East Meadow Drive (4- story with basement) • February 2, 1988: Eagle County records show date of warranty deed for 100 East Meadow Drive -legal description of Town condo: Village Inn Plaza Unit 2 • Fall 1991: Colorado Ski Museum moved from 15 West Meadow Drive to Vail Village Transportation Center. Old structure demolished. 1 • June 2, 1992: Approved Rezoning of 15 West Meadow Drive from Public Accommodation District to Public Use District to allow public park • June 2003: Remodel & electrical permits for Vail Valley Chamber and Tourism Bureau office at 100 East Meadow Drive (Town owned condo) 2 MEMORANDUM TO: Town Council FROM: Community Development DATE: October 16, 2007 SUBJECT: Proposal to release two Employee Housing Unit (EHU) deed restrictions located at the Bell Tower Building (201 Gore Creek Drive) and create a new deed restricted EHU at Altair Vail (4192 Spruce Way #A-201) I. Introduction On May 15, 2001, the Town of Vail became the beneficiary of two deed restricted EHUs located 201 Gore Creek Drive in the Bell Tower building. Located on the third floor, the EHUs contain 355 square feet and 242 square feet for a total of 597 deed restricted square feet. No parking space is provided with either EHU. Since 2001, the EHUs have been continuously rented to local employees. The owners of the EHUs also own the third floor residence at the Bell Tower, and have been working to update the building and bring the entire Bell Tower building into compliance with all applicable building codes. The EHUs, as they currently exist, do not comply with building code and it has proven difficult to design a solution to do so. If the request to release the deed restrictions at the Bell Tower is granted, it is the owner's intention to incorporate this square footage into the existing primary residence. Prior to release of the deed restrictions, the owners will need to take an additional step and demonstrate that removal of the two deed restricted EHUs will maintain compliance with the Town's zoning code. II. Request In order to create a more livable situation for the residents of the EHUs as well as bring the Beli Tower building into code compliance, the owners are requesting a release from the existing deed restricted EHUs located in the Bell Tower building. In exchange for this a new deed restricted 1,191 square foot EHU in East Vail will be provided. The proposed new EHU would be located at 4192 Spruce Way #A-201. The unit is atwo-bedroom, two-full bath, top floor unit. It is located on the Town of Vail bus route and provides parking for the EHU occupants as well. It is the intention of the Bell Tower EHU owners to retain ownership of the proposed new EHU and rent it continuously to qualified local employees. Please see the attached letter from the EHU owner's representative for further information. III. Staff Recommendation Upon verification of continued compliance with the Town's Zoning Regulations, authorize the replacement of the two existing deed restricted EHUs at the Bell Tower building with the 1,191 square foot unit identified at Altair Vail. IV. Action Requested of Town Council A motion stating: upon demonstrated compliance with the Town of Vail's Zoning Regulations the Town Manager is authorized to release the two existing Employee Housing Unit deed restrictions at the Bell Tower building and in exchange for this a new Type IV deed restricted EHU at Altair Vail Unit # A-201 will be provided. i ~~ VAg, Inc. Tuesday, October 9, 2007 Architects & Planners Vail Town Council Members Nina Timm Bill Gibson Town of Vail 75 South Frontage Road Vail, CO 81658 , Re: Bell Tower Employee Housing Units Dear Town Council, Nina Timm and Bill Gibson: D ~c~[~~Mi~ D OCT 10 2007 TOWN OF VAIL Thank you fox the opportunity to present this application at the October 16~h meeting for the proposed purchase of a new Employee Housing Unit to replace the existing Employee Housing Units at the Bell Tower Building in Vail. Presently, the third level of the Bell Tower floor plate includes two existing studio EHU's, both separately 304 square feet including loft space, for a total of 608 square feet. These units are currently non-conforming with applicable building codes. The Owner's propose to purchase and apply for a Type IV Deed Restriction in perpetuity designation of Altair Vail Unit A-201. This unit is not subject to a Right of First Refusal clause. The Owners currently hold this unit under contract and intend to retain ownership after closing, with the intention of renting it to local employees. This is contemplated in anticipation that they be allowed to absorb the existing Bell Tower studio EHU's into their unit remodel as allowed under the auspices of section 12-15-4: INTERIOR CONVERSIONS of the Vail Colorado Town Code. This unit includes: ^ 2 Bedrooms/2 Full Baths ^ 1191 Square Feet ^ End Unit ^ Vaulted Ceilings ^ Fireplace ^ South Facing Mountain Views ^ Deck ^ On Town of Vail Bus Route ^ 1 Block from Market ^ I~1ain Level has Living Room, Dining Room Kitchen and Breakfast Nook ^ Assigned and Guest Parking ^ `y/alk to Hiking Trails and Bike Path ~~'e propose this exchange as we believe it is a win-win situation for both the Town and the Owners. It will allow the Town to meet the development goals as stated in the Vail Village 1\Laster Plan for Emploj=ee Housing Units. Namely, to "provide quality living...conditions" for employees, but also to address the following stated development goals of the Town of Vail: 1. Encourl~e High C!ullity Redevelopment While Presei-~=ing Unique Architectural Sc11e of the Village in order to Sustain Its Sense of Communit<- and Identitt~. This is the prime development goal that this proposal satisfies by allowing the interior conversion. The Bell Physical-Address: (970) 949-7034 Mailing Address: 90 Benchmazk Road, Suite 202 fax: (970) 949-8134 P.O. Box 1734 Avon, CO 81620 email: generalC~vagazchitects.com Vail, CO 81658-1734 Tower building has experienced a renaissance in recent years as witnessed by the exterior remodel to be completed in 2007. The lone exception is the third floor residence. The remodel of this unit is contemplated for 2008 and would allow this property to maximize its value and thereby the adjacent buildings, while retaining and further enhancing the unique character and scale of the Bell Tower, a signature building in the village. 2. To Foster a Strong Tourist Industry and Promote Year-Around Economic Health and Viability for the Village and for the Community as a Whole. The proposed relocation of the EHU units will certainly contribute to the realization of this goal. By providing a new, modern, more livable unit to the available pool and replacing the small, dated units, it will afford the Town another opportunity to attract and retain high quality employees that make up the b;~ckbone of the service and resort industry, and will allow them to also contribute directly to the Vail economy. 3. To Recognize as a Top Priority the Enhancement of the Walking Experience Throughout the Village. 4. To Preserve Existing Open Space Areas and Ezpand Greenspace Opportunities 5. Increase and Improve the Capacity, Efficiency, and Aesthetics of the Transportation and Circulation System Throughout the Village 6. To Ensure the Continued Improvement of the Vital Operational Elements of the Village The proposed exchange will have no negative effect on these development goals as stated and may even be considered to ease the burden on Transportation and Circulation to and from the Village as well as Vital Operational Elements within the Village in terms of fire, police and public utilities. Again, thank you for your consideration of our position. A representative of the Owners will attend the next Town Council meeting on Tuesday, October 16 at which time we look forward to engaging in further dialogue on this issue. Sincerely, VAg, Inc., Architects & Planners Anne Gunion, Founding Principal Encl.: Cc. MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: October 16, 2007 SUBJECT: An appeal of the Town of Vail Design Review Board's denial of a design review application (DRB07-0330), pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved, plans regarding architectural alterations (exterior materials) to an existing residence, located at 3956 Lupine Drive/Lot 4, Block 2, Bighorn Subdivision, 1 St Addition, and setting forth. details in regard thereto. Appellant: Robert Howard, represented by Kirk Aker, Aker Architects DRB Representative: Pete Dunninct -Vice Chair SUBJECT PROPERTY The subject property is atwo-family/primary-secondary residence located at 3956 Lupine Drive/Lot 4, Block 2, Bighorn Subdivision, 1St Addition. The Appellant, Robert Howard, owner of Unit 4 W, is appealing the Design Review Board's August 15, 2007 denial of a design .review application, to allow for a change to approved plans regarding architectural alterations (exterior materials) to an existing residence. II. STANDING OF APPELLANT The Appellant, Robert Howard, represented by Kirk Aker, Aker Architects, has standing to file an appeal as he is the owner of 3956 Lupine Drive, Unit 4 W, Lot 4, Block 2, Bighorn Subdivision 1St Addition. III. REQUIRED ACTION The Town Council shall uphold, overturn, or modify the Design Review Board denial of a design review application (DR607-0330) pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (exterior materials) to an existing residence, located at 3956 Lupine Drive, Lot 4, Block 2, Bighorn Subdivision 1St Addition, and setting forth details in regard thereto. Pursuant to Sub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code: "The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (Zoning Regulations, Title 12) have or have not been met." IV. BACKGROUND Staff Approval of Minor Exterior Alteration On February 15, 2007, Staff approval was granted for minor exterior alterations at 3956 Lupine Drive, Lot 4, Block 2, Bighorn Subdivision, 1St Addition (DRB07-0004). Alterations consisted of the addition of stone veneer to both halves of a duplex structure. Staff approval was granted for the addition of similar amounts of stone veneer to be installed on both halves of the duplex structure after determination was made that the materials, as applied in a similar fashion and in similar amounts and locations on both halves of the structure, were appropriate and represented a "unified architectural design". A reduced" copy of the approved plans are attached for reference (Attachment C). Specifically, Staff established, and the DRB later ratified, that the application of such materials in relatively equal amounts on both halves of the duplex met specific design standards established in Section 14-10-6, Residential Development, Vail Town Code, which specifically states: "Unified architectural and landscape design shall include, but not be limited to, the use of compatible building materials, architectural forms, massing, architectural details, site grading and landscape materials." Proposed Changes to Approved Plans On July 19, 2007, the Appellant presented the Town with an application for changes to approved plans (DRB07-0330). Such changes were limited to the elimination of previously approved stone veneer from the east half of the duplex structure. After working with the Appellant's representative, Kirk Aker, Aker Architects, prior to the DRB meeting on August 15, 2007, it became clear to Staff that, despite an offer by Mr. Howard to reimburse hiis neighbor for the cost of adding stone to her half of the duplex, the owner of the east unit did not wish to install any amounts of stone on her half of the duplex structure due to aesthetic preference. At the August 15, 2007 Design Review Board hearing the Appellant presented plans detailing how originally approved stone to be added on the east half of the structure would not be installed, while the stone on the west half would be installed per plan. Those areas not updated with stone veneer would remain finished with stucco. A reduced copy of the proposed (revised) plans are attached for reference (Attachment D). Design Review Board Review and Denial At the August 15, 2007 hearing, the Design Review Board denied an application for a change to approved plans, wherein the Applicant proposed to eliminate the previously approved stone veneer on the east half of the duplex structure. The DRB denied the request based on standards and guidelines established within Title 14, Chapter 10 - Design Review Standards and Guidelines. Specifically, the DRB referenced Section 14- 10-6: Residential Development, sub-paragraph A which states, in part: "The purpose of this section is to ensure that residential development be designed in a manner that creates an architecturally integrated structure with unified site development. Dwelling units and garages shall be designed within a single structure.... with the use of unified architectural and landscape design. Unified architectural and landscape design shall include, but not be limited' to, the use of compatible building materials, architectural style, scale, roof forms, massing, architectural details, site grading and landscape materials and features." 2 Appeal On September 4, 2007, the Appellant filed an appeals form to appeal the Design Review Board's denial of a design review application (DRB07-0330), pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding minor architectural alterations (exterior materials) to an existing residence, located at 3956 Lupine Drive, Lot 4, Block 2, Bighorn Subdivision 1 Sc Addition. The appeals form and letter from the Appellant are included for reference (Attachments A and B). V. APPLICABLE REGULATIONS OF THE TOWN CODE Section 12-3 Administration and Enforcement (in part) Section 72-3-3: Appeals (in part) C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to the provisions of this Title and the standards and procedures hereinafter set forth. 2. Initiation: An appeal maybe initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination orinterpretation bythe Planning and Environmental Commission or the Design Review Board with respect to this Title. "Aggrieved or adversely affected person"means any person who will sufferan adverse effect to an interest protected or furthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination of standing, the Town Council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council may also call up a decision of the Planning and Environmental Commission or the Design Review Board by a majority vote of (hose Council members present. 3. Procedures: A written notice of appeal must be filed with the Administrator within twenty (20) calendar days of the Planning and Environmental Commission's decision or the Design Review Board's decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, ora Town-observed holiday, the last day for filing an appeal shall be extended to the next business day. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be ,satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons forthe appeal on forms provided by the Town. The filing of such notice of appeal will require the Planning and Environmental Commission orthe Design Review Board to forward to the Town Council at the next regularly scheduled meeting a 3 summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfted by notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Town Council on the appeal within forty (40) calendardays of the appeal being filed. The Town Council may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this Chapter to appeal any interpretation or determination made by the Planning and Environmental Commission or the Design Review Board. 4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the administrative official rendering such decision, determination or interpretation certifies in writing to the Town Council and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The Town Council shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the Town Council. 5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met. Section 12-11 Design Review (in part) Staff has highlighted in bold portions of this Section which Staff believes are most relevant to this appeal. 12-11-1: INTENT: A. Attractive Attributes Recognized: Vail is a Town with a unique natural settincl, internationally known forits natural beauty, alpine environment, and the compatibilii`y of manmade structures with the environment. These characteristics have caused a significant number of visitors to come to Vail with many visitors eventually becoming permanent residents participating in community life. B. Area Character Protection: These factors constitute an important economic base for the Town, both for those who earn their living here and for those who view the Town as a precious physical possession. The Town Council finds that new development and redevelopment can have a substantial impact on the character of an area in which it is located. Some harmful effects of one land use upon another can be prevented through zoning, subdivision controls, and building codes. Otheraspects of development are more subtle and less amenable to exact rules put into operation without regard to specific development proposals. Among these are the general fonr- of the land before and after development, the spatial relationships of structures and open spaces to land uses within the vicinity and the Town, and the appearance of buildings and open spaces as they contribute to the area as if is being developed and redeveloped. In orderto provide forthe timely exercise ofjudgment 4 in the public interest in the evaluation of the design of new development and redevelopment, the Town Council has created a Design Review Board (DRB) and design criteria. C. Design Review: Therefore, in order to preserve the natural beauty of the Town and ifs setting, to protect the welfare of the community, to maintain the values created in the community, to protect and enhance land and property, for the promotion of health, safety, and general welfare in the community, and to attain the objectives set out in this Section; the improvement or alteration of open space, exterior design of all new development, and all modifications to existing development shall be subject to design review as specified in Phis Chapter. D. Guidelines: If is the intent of these guidelines to leave as much design freedom as possible to the individual designer while at the same time maintaining the remarkable natural beauty of the area by creating structures which are designed fo complement both their individual sites and surroundings. The objectives of design review shall be as follows: 1. To recognize the interdependence of the public welfare and aesthetics, and to provide a method by which this interdependence may continue to benefit its citizens and visitors. 2. To allow for the development of public and private property which is in harmony with the desired character of the Town as defined by the guidelines herein provided. 3. To prevent the unnecessary destruction or blighting of the natural landscape. 4. To ensure that the architectural design, location, configuration materials, colors, and overall treatment of built-up and open spaces have been designed so that they relate harmoniously to the natural landforms and native vegetation, the Town's overall appearance, with surrounding developmentand with official/yapprovedylans or guidelines, if any, forthe areas in which the structures are proposed to be located. 5. To protect neighboring property owners and users by making sure that reasonable provision has been made for such matters as pedestrian and vehicular traffic, surface water drainage, sound and sight buffers, the preservation of light and air, and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses: VI. CRITERIA AND FINDINGS On an appeal, the Town Council shall make specific findings of fact based directly on the particular evidence presented. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of Title 12, Zoning Regulations, Vail Town Code, have or have not been met. 5 Should the Town Council choose to uphold the Design Review Board's' denial of this request, the Design Review Board recommends the Council makes the following finding:s: "The Town Council finds: 1. That the standards and conditions imposed by the requirements of Section 14-10-6, Vail Town Code, have not been met." Should the Town Council choose to overturn the Design Review Board's denial of this request, the Design Review Board recommends the Council makes the following findings: "The Town Council finds: 1. That the standards and conditions imposed by the requirements of Section 14-10-6, Vail Town Code, have not been met." VII. STAFF RECOMMENDATION The Town of Vail Design Review Board recommends that the Town Council uphold thie Design Review Board's denial of a design review application (DRB07-0330) pursuant i:o Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (exterior materials) to an existing residence, located .at 3956 Lupine Drive, Lot 4, Block 2, Bighorn Subdivision 1S-Addition. Should the Town Council choose to uphold the Design Review Board's denial of a desigln review application (DRB07-0330) pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (exterior materials) to an existing residence, located at 3956 Lupine Drive, Lot 4, Block 2, Bighorn Subdivision 1St Addition, the Design Review Board recommends the Council pass the following motion: "The Vail Town Council upholds the Design Review Board's denial of a design review application (DR607-0330) pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (exterior materials) to an existing residence, located at 3956 Lupine Drives, Lof 4, Block 2, Bighorn Subdivision 1St Addition, and setting forth details in regard thereto. " Should the Town Council choose to uphold the Design Review Board's denial of a desigln review application (DRB07-0330) pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (exterior materials) to an existing residence, located at 3956 Lupine Drive, Lot 4, Block 2, Bighorn Subdivision 1St Addition, the Design Review Board recommends the Council makes the following finding: "The Town Council finds: That the standards and conditions imposed by the requirements of Section 14-10-6, Vail Town Code, have not been met. ". VII. ATTACHMENTS 6 A. Appellant's appeal form B. Letter from the Appellant C. Reduced copy of the approved plans (DRB07-0004) D. Reduced copy of the proposed (revised) plans (DRB07-0330) E. Photo renderings of proposed stone on Unit 4 W F. Public notice and list of notified properties 7 LI `J Appeals dorm ~ SEP - 4 2007 t~ Department of Community Development ~~ ~~ ~~ ` 75 South Frontage Road., Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 ~®~(~ Q~ ~A~~ .,~,a..___--_..-.~ _. web: www.vailgov.com General Information: This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental Commission action/decision. A complete form and associated requirements must be submitted to the Community Development Department within twenty (20) calendar days of the displuted action/decision. Action/Decis1/ion being appealed: a ® '~ ~~"~'~ Dateof Action/Decision: ~ 2 00 Board or Staff person rendering action/decision: bC~s= iUn ~-"e~(teti~--~ ~' Does this appeal involve a specific parcel of land? yes (no) If yes, are you an adjacent property owner? (yes) ~° Name of Appellant(s): ,~o.b -~'a~ Mailing Address: ~~'l3 S"f~jFZ'E Phone: Physical Address in Vail !J-f5 ~ I~u~r-~ ~r Legal Description of Appellant(s) Property in Vail: Lot Appellant(s) Signature(s): v-Orh ~ a Subdivision: (Attach a list of signatures if more space is required). Submittal Requirements: 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person". 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are the subject of the appeal and all adjacent property owners (including owners whose properties are separated from the subject property by a right-of-way, stream, or other intervening barrier). 4. Provide stamped, addressed envelopes for each property owner listed in (3.). PLEASE SUBMIT THIS FORM AND ALL SUBMITTAL REQUIREMENTS TO: TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. For Office Use Only ( / Date Received: ~ ~ R' ~ ~ Activity No.: Planner: ~ ~ Project No.: F:\cdev\FORMS\PERMITS\Planning\ApplicationsWppeals.doc 12-6-2005 Attachment A ,,, l~ker architects D C~C~I~~MC~ D SEP - 4 2001 TOWN OF VAlL APPEAL OF A DESIGN REVIEW BOARD ACTION/DECISION Project: Robert and Helen Howard . Lot 4, Block 2, Bighorn First Filing Architect; Kirk Aker, Aker Architects Date of Decision: August 15, 2007 DETAILED EXPLANATION OF HOW THE HOWARDS ARE AN AGGRIEVEIJ OR ADVERSELY AFFECTED PERSONS: While historically the DRB may have established as a "standard" that both sides of a duplex property have the exact same materials, the Town of Vail Code does not support this minding. The Howards are adversely affected by this unsubstantiated "standard" as they cannot upgrade/enhance their half of the duplex even though the DRB understands and agrees with the concept presented. The question here is what is a standard and what is a guideline where the DRB can review a design based on its own merits and not on an erroneous and contradictory historical interpretation of a guideline. 0210 Edwards Village Blvd, A203 P O Box 2762 Edwards, CO 81632 970.926.6690 970.926.6694 fax www. akerarchitects. com der , _ architects ~ SEP - 4 2001 TOWN ~F VAiL .J APPEAL OF A DESIGN REVIEW BOARD ACTION/DECISION Project: Robert and Helen Howard Lot 4, Block 2, Bighorn First Filing Howard/Roy Duplex Architect; Kirk Aker, Aker Architects Date of Decision: August 15, 2007 PRECISE NATURE OF THE APPEAL: This appeal is a request for the Town Council to overturn a finding by the DRB. The finding by the DRB is that the proposed stone veneer addition to the Howards side of the duplex located at 3956 Lupine Drive cannot be incorporated on just one side of an existing duplex. For clarification of DRB submittal see attached supporting documents. The proposed design of the addition of stone veneer takes into account the configuration of the existing duplex. As previously approved by a past DRB, the Howard/Roy duplex was designed with the concept to two structures integrated with a bridge like link. The Architect for the stone, veneer proposal considered this separation of structures and added stone veneer to just the Howard side of the duplex in a logical, well resolved manner. The DRB apparently agreed with the concept as Peter Dunning, DRB chairperson, indicated. The duplex, other than the propose stone veneer on the Howard side, has the same colors for all the existing materials, the same wood trim details, the same garage door, the same roofing material, the same fascia detail, the same siding detail, the same stucco texture, the same fenestration details, the same landscape concept, etc. It is the feeling of the Howards (the appellant) that the DRB failed to review the design of the proposal and has instead taken a guideline, Section 14-10-6. subparagraph A, and turned it into a standard of design addressing duplexes only. The Howards feel they are adversely affected by the decision of the DRB based on an "apparent" standard the DRB hasn't applied to all residential zone districts with-in the Town of Vail. The design criteria referenced for denial of the proposal by the DRB is as follows: 0210 Edwards Village Blvd, A203 P O Box 2762 Edwards, CO 81632 970.926.6690 970.926.F~^^ °~~• www. a kera rch itects. com Attachment B D SEP - 4 2007 PRECISE NATURE OF THE APPEAL ~ ~` Page 2 of 3 ~ TC~W~1 C3.~ 'SAIL ~_ A. The purpose of this section is to ensure that residential development be designed in a manner that creates an architecturally integrated structure with unified site development. Dwelling units and garages shall be designed within a single structure, except as set fo-th in subsection 8 of this section, with the use of unified architectural and landscape design. A single structure shall have common roofs and building walls that create enclosed space substantially above grade. Unified architectural and landscape design shall include, but not be limited to, the use of compatible building materials, architectural style, scale, roof forms, massing, architectural details, site grading and landscape materials and features. What is notable about the above referenced paragraph is that in no instance does the guideline single out any one residential zone district. The idea is to provide for architecturally integrated structures and site development. There is no reference to a duplex. There is no reference to a single family home or to any other residential zoning district for that matter. While there are numerous references to "compatible or similar materials" through out the Town of Vail Design Guidelines, no where does any residential zone district get singled out with "special" or "historical" guidelines. • Mr. Dantas, a DRB member, stated: "If what you are proposing were on a single i~amily residence in the configuration of this duplex, we would approve the concept". • Mr. Dantas went on to say that this was a "black and white issue". • Mr. Dubois, DRB member, quoted the following: "I hate duplexes". (not that pertinent to this discussion but a curious statement none the less) • Chairman Dunning said this is an "absolute standard that we are bound to uphold and we will not approve the proposal because of precedent setting issues". Paragraph 14-10-6; A says the design criteria should be judged on the use of "compatible building materials". If we want to use the term historical as a means of developing standards, it is quite clear that stone, stucco and wood siding are compatible materials as indicated by the majority of projects within the Town of Vail. Paragraph 14-10-5; B concerning building materials states: 8. The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. PRECISE NATURE ~F THE APPEAL Page3of3 ~ ~c~~o~ SEP - 4 2007 If the above paragraph is a standard and not a guideline, then the DRB has given special privilege to single family residences as being exempt from this standard as indicated by the above quote by Mr. Dantas. The Architect understands, pefiaps, how this "historical interpretation" got started. Someone brought in a proposal on an existing duplex in a single integrated structure where one owner decided to add stone veneer to his side of the duplex and arbitrarily stopped the stone on the street side of the building at the party wall, a silly, unresolved approach to design. And the Architect can understand why the DRB would want to grasp onto that interpretation so as to easily dismiss poor design. However, when logical, well thought out design can be demonstrated in certain circumstances then the DRB should be able to review the concept and overall design of the project. This approach is what the "guidelines" allow for. The Town of Vail design guidelines contain vague and over sweeping words and phrases. This is not Bachelor Gulch with extremely prescriptive guidelines with very little room for interpretation. The Architect can only hope that the guidelines will remain flexible and open for interpretation to provide the highest quality of design possible. 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'-AL ~ ~ ff r . 1 ~ t. ~~ f ~ ~ {~ ~I ~ ~ ~- t ~ y A ~ __ ~ r f y ~ ~ ~ ~ r r. y.~ -.w+~-.,.,...?, ~~'~ i ..,, tit ~a +S 4 ~ ' £.~ __ _. _ 'x' i ~ i ~.~ _ Sir .r sf ~ ~~"}° x ~:i~~~ I~ i i Y *., ~ ~~ ~ ~ Y,~ ~ - -.~ - - ...~ S ~. f ,, . ~s ,. >.. `-- - _ THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section.12-3-3, Vail Town Code, on October 16, 2007, at 6:00 PM in the Town of Vail Municipal Building, in consideration of: ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Design Review Board's denial of a Change to Approved Plans application for a change in exterior building materials based upon Section 14-10-6, Residential Development, Vail Town Code, located at 3956 Lupine Drive/Lot 4, Block 2, Bighorn, 1St Addition, and setting forth details in regard thereto. Appellant: Bob Howard, Represented by Kirk Aker, Aker Architects Planner: Scot Hunn The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Attachment F MEMORANDUM TO: Town Council FROM: Community Development Department DATE: October 16, 2007 SUBJECT: Ordinance No. 31, Series of 2007, an ordinance amending Special Development District #4, Cascade Village, to allow for an increase in the number of dwelling units, located at 1310 Westhaven Drive/Vail Cascade Subdivision, and setting forth details in regard thereto. Applicant: Vail Cascade Residences, LLC, represented by Allison Ochs Kent, Mauriello Planning Group LLC Planner: Scot Hunn DESCRIPTION OF THE REQUEST The Applicant, Vail Cascade Residences LLC, represented by Allison Ochs Kent, is requesting a major amendment to Special Development District #4, Cascade Village, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units in the Cascade Residences (a.k.a. "CMC") building, Area A, located at 1310 Westhaven Drive/Vail Cascade Subdivision, and setting forth details in regard thereto. (PEC07-0058) II. BACKGROUND On September 24, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 4, Cascade Village, to allow for an increase in the number of dwelling units, located at 1310 Westhaven Drive/Vail Cascade Subdivision, and setting forth details in regard thereto. Specifically, the Applicant proposes to increase the number of dwelling units from eleven (11) to fourteen (14) within .the Vail Cascade Residences (a.k.a. "CMC") building, with no increase to Gross Residential Floor Area (GRFA). The proposal will increase the total number of allowable dwelling units within Area A of Special Development District No. 4 from 98 to 101 dwelling units. Upon review of the request, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval, with condition, of the request to amend Special Development District No. 4, Cascade Village, to the Vail Town Council. The one condition made part of the Planning and Environmental Commission's recommendation is as follows: "1) The Applicant shall submit an application for Design Review for any and all changes to the exferior of the Cascade Residences building prior to submitting any application for a building permit for the same. " Since September 24, 2007, the Applicant has submitted an application for Design 1 Review for changes to approved plans. The proposed modifications are minor and do not adversely impact the exterior design of the previously approved building or any adjacent properties. III. CRITERIA FOR REVIEW The criteria outlined in section VIII of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the Applicant to demonstrate that submittal material and the proposed development plan comply with each of the criteria listed within section VIII of the Staff's September 24, 2007, memorandum, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves Ordinance No. 31, Series of 2007, on first reading to amend Special Development District #4, Cascade Village, to allow for an increase in the number of dwelling units, located at 1310 Westhaven DrivefVail Cascade Subdivision, and setting forth details in regard thereto. Staffs recommendation is based upon the review of the criteria noted in the September 24, 2007, staff memorandum to the Planning and Environmental Commission and the evidence and testimony presented. Should the Town Council choose to approve Ordinance No. 31, Series of 2007, on first reading; the Community Development Department recommends the Town Council makes the following findings: "The Town Council finds that the applicant has demonstrated to the satisfaction of the Council, based upon the evidence and testimony presented: 1. That the proposed major amendment corr-plies with the standards outlined in the design criteria of Section 12-9A-8, Vail Town Code, based upon the review outlined in Section Vlll of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission; and, 2. That the proposed major amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the Town, based upon the review outlined in Section Vlll of the Staff's September 24, 2007, memorandum to fhe Planning and Environmental Commission; and; 3. That the proposed major amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas based upon the review outlined in Section Vlll of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission; and, 2 4. That the proposed major amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality based upon the review outlined in Section Vlll of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission." V. ATTACHMENTS A. Staff memorandum to PEC dated September 24, 2007 B. Ordinance No. 31, Series of 2007 C. Report by Mauriello Planning Group, LLC 3 Attachment A MEMORANDUM TO: Planning and Environmental Commission (PEC) FROM: Community Development Department DATE: September 24, 2007 SUBJECT: A request for a final recommendation to the Vail Town Council of a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for additional dwelling units in SDD No. 4, located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto. (PEC07-0058) Applicant: Vail Cascade Residences, LLC., represented by Mauriello Planning Group, LLC. Planner: Scot Hunn I. SUMMARY The Applicant, Vail Cascade Residences, LLC., represented by Mauriello Planning Group, LLC, is asking the Planning and Environmental Commission for a final recommendation to the Vail Town Council on the proposed amendments to the Vail Cascade Residences project, located at 1310 Westhaven Drive/Area A, Cascade Village. A vicinity map has been attached for reference (Attachment A). Pursuant to the criteria and findings listed in Section Vlli of this memorandum, and the conditions listed in Section IX of this memorandum, staff recommends the Planning and Environmental Commission forward a. recommendation of approval with conditions to the Town Council on the proposal detailed herein. II. DESCRIPTION OF THE REQUEST The Applicant, Vail Cascade Residences, LLC., represented by Mauriello Planning Group, LLC., has requested a final review hearing with the Planning and Environmental .Commission to present a proposed amendment to the development plan and request for an amendment to Area A of Special Development District (SDD) No. 4, Cascade Village, to increase the previously approved density at the Vail Cascade Residences, located at 1310 Westhaven Drive/Area A, Cascade Village, from eleven (11) to fourteen (14) residential dwelling units. A major amendment is required for the additional number of dwelling units proposed in this application. No increase in GRFA is proposed with this amendment, yet the Applicant requests approval for three (3) additional dwelling units to be constructed within the existing structure with only minor impacts to the exterior of the building. A copy of the Vail Cascade Residences written proposal 1 from the Applicant. is attached for reference (Attachment B). A reduced copy of the proposed architectural plans and elevations has also been attached for reference (Attachment C). Requested Outcome The intended outcome of this meeting is for the Commission to take formal action on the amendment application and development plan, citing certain applicable findings and criteria as the basis for approval, approval with conditions, or denial of the application. Staff recommends approval, with conditions, of the Major Amendment to SDD No. 4, inclusive of a Development Plan and setting forth details in regard thereto, as detailed in Section IX of this memo. Applicable Review Criteria Review of the Cascade Residences project .will include the following code sections and other relevant documents to be considered in any future submittal for formal review and approval by the PEC: o A major amendment to special development district application pursuant to Chapter 9 of Title 12, Town of Vail Municipal Code; Specifically, sections (in part): • 12-9A-4: Development Review Procedures • 12-9A-5: Submittal Requirements • 12-9A-6: Development Plan • 12-9A-7: Uses • 12-9A-8: Design Criteria and Necessary Findings • 12-9A-9: Development Standards • 12-9A-10: Amendment Procedures • 12-9A-11: Recreation Amenities Tax • 12-9A-12: Time Requirements • 12-9A-14: Existing Special Development Districts o Ordinance No. 33, Series of 2005 - An Ordinance Approving a Special Development District (known as SDD No. 4) and the Development Plan in Accordance with Chapter 18.40 of the Municipal Code and Setting Forth Details in Regard Thereto (Attachment D) o Ordinance No.(s) 7 & 8, Series of 2007 o The Town of Vail Land Use Plan III. BACKGROUND SDD No. 4 History Special Development District No. 4 (SDD No. 4), Cascade Village, was adopted by Ordinance No. 5, Series of 1976. At least seventeen subsequent amendments occurred from 1977 through the present day, inclusive of the most recent major amendment to approve the Cascade Residences in 2006. The subject property was a Planned Unit Development under Eagle County Jurisdiction when the property was annexed in 1975. Special Development District No. 4 includes the following: 2 Area A Cascade Village Area B Coldstream Condominiums Area C Glen Lyon Primary/Secondary and Single Family Lots Area D Glen Lyon Commercial Site The entire Cascade Village development site is approximately 97.9 acres in size. Because the property was annexed into the Town of Vail as a Planned Unit Development under Eagle County jurisdiction and early Special Development Districts were not based on an underlying zoning, there is no underlying zoning for Cascade Village. The uses and development standards for the entire development site are outlined in the adopting ordinance for Special Development District No. 4. Cascade Residences Site (Colorado Mountain Condominiums) The construction of the Colorado Mountain Condominiums, commonly referred to as "the CMC building", was completed by 1979. The structure was constructed with observed setbacks essentially comprised of "build-to" lines and with distinct property lines for the CMC building itself as shown on the plat entitled Condominium Map of Colorado Mountain Condominiums. Previous Approvals -Cascade Residences The previously approved development plan for the Cascade Residences, approved via Ordinance No. 33, Series 2005, included the development of 11 dwelling units and permitted up to 32,000 sq. ft. of Gross Residential Floor Area (GRFA). In addition, 4,087 sq. ft. of existing commercial, retail and office space uses were maintained in the proposal and were approved. This amendment was initiated to allow for redevelopment of the property, which formerly included the Cascade Village Theater and Colorado Mountain College and to allow for an increase in the overall density for Cascade Village Area A from 94 to 98 dwelling units. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning and Environmental Commission, Design Review Board, Town Council, and Staff with regard to the review of any applications submitted on behalf of the Applicant. Major Amendment to Special Development District (SDD) Order of Review: Generally, .applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Planning and Environmental Commission (PEC): The PEC shall review the proposal for general compliance pursuant to criteria set forth in Section 12-9A-8: Design Criteria and Necessary Findings. The Planning and Environmental Commission may recommend approval of the petition or proposal as initiated, may recommend approval with such conditions as it deems necessary to accomplish the purpose of this title, or may recommend denial of the petition or rejection of the proposal. Design Review Board: The Design Review Board has no review authority on a Major or Minor Amendment to a Special Development District (SDD), but must review any accompanying Design Review Board application. Tnwn Cnuncil~ Upon receipt of the report and recommendation of the Planning and Environmental Commission, the Town Council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the Town Council shall act on the petition or proposal. The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental commission. The Town Council may cause an ordinance to be introduced to create or amend a~special development district. V. APPLICABLE PLANNING DOCUMENTS Section 12-9A~ Special Development (SDD) District, Vail Municipal Code (in 12-9A-1: PURPOSE: The purpose of fhe 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 fhe new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve fhe natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan Ordinance No. 33. Series of 2005 An Ordinance Approving a Special Development District (Known as SDD No. 4) and the Development Plan in Accordance with Chapter 18.40 of the Municipal Code and Setting Forth Details in Regard Thereto (in part) Ordinance No. 7. Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the Addition of New Definitions to Section 12-2-2, and the Adoption of a New Chapter 23, Entitled Commercial Linkage„ and Setting for Details in .Regard Thereto. 4 Ordinance No. 8. Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the Addition of New Definitions to Section 12-2-2, and the .Adoption of a New Chapter 2, Entitled Inclusionary Zoning, and Setting for Details in Regard Thereto. Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guideliries in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. Goals and Policies (in part): 1.0 General Growth/Development 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. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1,3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 SkierlTourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 5 5.0 Residential 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. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. VI. SITE ANALYSIS Legal Description: Cascade Village (Cascade Residences) Parcel No. 2103121 Address: 1310 Westhaven Drive Lot Size: .67 acres (29,495 sq ft) Zoning: Special Development District No. 4 (no underlying zone district) Land Use Plan Designation: Resort Accommodations and Services Current Land Use: Mixed Use Residential and Resort /Spa Development Standard Allowed/Req. Exist/Approved Proposed Lot Area: N/A 29,495 sq ft No Change Buildable Area: N/A 29,495 sq ft No Change Setbacks: Front: N/A 12' No Change Sides: N/A 7' (N)/0' (S) No Change Rear: N/A 14' No Change Building Height: N/A 55' No Change Density (Area A): 15 DU/ac 13.4 DU/ac 13.6 DU/ac or 270 DU 242 DU/ac 245 DU/ac GRFA: Site Coverage: Landscape Area: Parking: 32,000 sq. ft. 31,058 sq.ft No Change N/A 50% (14,980sgft) No Change N/A 50% No Change 39 spaces 69 spaces No Change 6 VII. VIII. SURROUNDING LAND USES AND ZONING Land Use Zonin North: Parking Structure/Westhaven SDD No. 4 South: Vail Cascade Hotel/Glen Lyon SDD No. 4 East: Plaza Building SDD No. 4 West: Millrace Condominiums SDD No. 4 Note: "' According to the records on file for SDD No. 4, the entire development district was zoned "PUD" within Eagle County prior to annexation to the Town of Vail; therefore, no underlying "zoning" exists for this parcel other than previously approved (and amended) development plans for SDD No. 4. CRITERIA AND FINDINGS The following section of this memorandum is included to provide the Applicant, community, Staff, and Commission with an advanced understanding of the criteria and findings that will be used by the reviewing boards in making a final decision on the proposed application. Chapter 9 -Special and Miscellaneous Districts 12-9A-8: DESIGN CRITERIA: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: 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. The Applicant is proposing an interior alteration to the layout and design of the residential units which staff believes will have minimal impacts on the exterior architecture and fenestration of the building. The previously approved development plan for the Cascade Residence presented numerous exterior changes; those changes were deemed by Staff and the PEC to be improvements to the overall design aesthetic and character of the building. No significant (additional) changes are proposed with this amendment; any minor exterior changes proposed as a result of this amendment will require a separate Design Review application. Therefore, Staff finds again that the design of the exterior is sensitive to the immediate environment and is compatible with the neighborhood surrounding Area A of Special Development District No. 4, and -its environs. The height, scale, design, bulk and mass and of the building will not be affected by this amendment or the proposed changes to the exterior of the building. 7 B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The Applicant is not proposing any changes of use that deviate from the intentions of Special Development District No. 4. The increase in density by (3) three dwelling units under this proposal will not have any negative impact on the functions of the surrounding uses and activities. Considering the Applicant's parking analysis, provided on pages 5-6 of their written submittal (Attachment C), the increase (3 spaces) in parking demand generated by the additional dwelling units combined with the previously approved office, commercial and educational uses totaling approximately 4,087 sq. ft. on the first floor of the building, will not require any additional spaces to be created. Specifically, there exist 69 spaces within the Cascade Village Parking Structure dedicated for previously approved uses within the CMC building. The recent approval of the Cascade Residences development plan within the CMC building significantly reduced the parking demand due to the conversion of a majority of all commercial and educational uses to residential uses. This resulted in a net surplus of "required" parking within the parking structure. Since that recent approval, the Applicant has obtained approval for the construction of 13 new parking spaces beneath the existing CMC building. Therefore, Staff believes that with the additional three (3) dwelling units proposed, there is ample required parking provided within Area A of the Cascade Village to serve all residential, office and commercial parking needs contemplated by this proposal. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The provisions of SDD No. 4 state off-street parking shall be provided in accordance with Chapter 12-10, except for 75% of the parking in Area A shall be located within a parking structure or buildings. The ordinance requires that 421 parking spaces be provided for the uses in Area A in the existirg Cascade Club parking structure. A 17.5 percent mixed use credit per the Town of Vail parking code has been applied to the total number of required parking spaces in the Cascade structure. The parking table within the approved development plan for SDD No. 4 includes an allocation of parking spaces to be provided for the uses constructed on-site. The Colorado Mountain College building (how the entire building, including the theaters, is described in the ordinance) is parked entirely within the Cascade Club parking structure according to the following breakdown: • Theater, 28 parking spaces.; • College Classrooms, 40 parking spaces; • College Office, 4 parking spaces; • Theater Meeting Room 2J, 11.5 parking spaces Sub-Total, 83.5 parking spaces, plus: 8 • Blue Tiger/Clancy's, 13.3 parking spaces (no change proposed); • Cascade Penthouses 16 parking spaces (no change proposed) Therefore, 83.5 less the mixed use parking credit of 17.5% for a total of 69 parking spaces are provided within the Cascade Club parking structure for this building. The proposed uses within the building generate the following parking need: Seven (7) dwelling units, 17.5 parking spaces at 2.5 spaces per unit; Seven (7) dwelling units, 14 parking spaces at 2.0 spaces per unit; Commercial Floor areas as office use, 16.3 parking spaces at 1 per 250 sq ft (4,087 net increase sq ft retail/office) Total, 43.8 parking spaces. The total less the 17.5% multi-use credit equals 39 parking spaces. In summary, there is a net reduction in the number of spaces (29 less spaces) required to be provided within the existing parking structure. The required parking for Area A is owned by a third party. All loading and delivery is currently provided within the existing structures. There is a general reduction on loading and delivery needs based on the proposed change of use. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the amendment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1.0 General Growth/Development 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). 2.0 SkierfTourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new 9 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. 5.5 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 the proposed uses and activities are in general compliance with the policies, goals, and objectives identified in the Vail Land Use Plan. However, 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 SDD proposals; a major amendment to an SDD is viewed by Staff present the same opportunity. In the time since the last major amendment to SDD No. 4 was approved, the Vail Town Council has adopted Ordinances No. 7 and No. 8, Series 2007, which have established an employee housing mitigation requirement for both commercial linkage and inclusionary zoning. Although this particular amendment to the SDD is only proposing to increase the number of units rather than an increase to GRFA (as a trigger for applicability), Staff believes that the review and approval of a major amendment to a special development district, where all development parameters are open for discussion and negotiation, allows for the PEC and the Applicant to discuss the overall direct and secondary impact on employee housing generation of the residential development proposed by the Cascade Residences project. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Colorado Mountain Condominiums development site is not located in any geologically sensitive areas or within the 100-year floodplain of Gore Creek or its tributaries. 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 proposal does not call -for any modifications that would impact natural features or vegetation. Staff believes the overall aesthetic quality of the community would be enhanced by the proposed exterior changes and physical improvements proposed by the Applicants. 10 G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The Applicant is proposing changes that will generally have no negative impact on vehicle and pedestrian circulatory patterns; the previously approved development plan wherein the number of required parking spaces was significantly reduced per the change in use from more mixed to more residential, is pertinent and will not be adversely affected by the addition of three dwelling units for a total of 14. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The Applicant is not proposing any changes which would have a negative impact upon the elements of this criterion. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Staff is not aware of any intention on the Applicant's behalf, to phase this project, however, should a phasing plan be proposed, this criterion must and will be met in full. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions of the proposed SDD amendment, pursuant to to the Vail Town Council. Staff's recommendation is based upon the review of the criteria found in Section VIII of this memorandum and the evidence and testimony presented, subject to the following conditions: Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council of this proposed amendment to an SDD, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the Applicant's requesf for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for additional dwelling units in SDD No. 4, located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto." 11 Should the Planning and Environmental Commission choose to approve this amendment, the Community Development Department suggests the following condition: 1. The Applicant shall submit an application for Design Review for any and all changes to the exterior of the Cascade Residences building prior to submitting any application for a building permit for the same. Should the Planning and Environmental Commission choose to approve this amendment, the Community Development recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon the review outlined in Section Vlll of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission; and 2. That the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section Vlll of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission; and 3. That the amendment does promote the health, safety, morals, and general welfare of the Town, and does promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon the review outlined in Section Vlll of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission. X. ATTACHMENTS A. Vicinity Map B. Report/analysis by Mauriello Planning Group C. Reduced Architectural Plans D. Ordinance No. 33, Series of 2005 -Special Development District No. 4 12 Attachment A 13 ORDINANCE NO. 31 SERIES OF 2007 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 33, SERIES OF 2005, CASCADE VILLAGE, AMENDING AND RE=ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR AREA A OF SDD NO. 4; IN ACCORDANCE WITH SECTION 12- 9A-10, VAIL TOWN CODE,TO ALLOW FOR THE CONSTRUCTION OF FORTEEN NEW DWELLING UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, Ordinance No. 11, Series of 2007, repealed and re-enacted Ordinance No. 33, Series of 2005, to amend and re-establish the approved development plan for Area A, Cascade Village, SDD No. 4; and; WHEREAS, Ordinance No. 33, Series of 2005, repealed and re-enacted Ordinance No. 12, Series of 2005, to amend and re-establish the Development Plan for Development Area A, specifically the "CMC Building", to allow for the construction of the proposed Cascade Residences, and; WHEREAS, Ordinance No. 12, Series of 2005, repealed and re-enacted Ordinance No. 8, Series of 1985, to amend and re-establish the approved development plan for Area A, Cascade Village, SDD No. 4; and WHEREAS, the purpose of this ordinance is to repeal and re-enact Ordinance No. 11, Series of 2007, to amend and re-establish the Development Plan for Development Area A, specifically the "CMC Building", to allow for the construction of the proposed Cascade Residences; and Ordinance No. 31, Series of 2007 1 Attachment B WHEREAS, the proposed 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 Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail. Town Council; and WHEREAS, all notices as required by the Vail Town Code have been 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 amend and re-establish the Development Plan for Special Development District No. 4, Cascade Village Development Area A. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN 01= VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance Ordinance No. 11, Series of 2007, is hereby repealed and re-enacted by Ordinance No. 31, Series of 2007. Section 2: Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Section 12-9A of the Vail Town Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the Development Plan for Special Development District No. 4, Area A, Cascade Residences. 2 Ordinance No. 31, Series of 2007 Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans for all sites other than the development plan for the Cascade Residences therefore, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. Section 4. Special Development District No. 4, Cascade Village shall read as follows: Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. 3 Ordinance No. 31, Series of 2007 B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in amulti-family dwelling that is managed as a short term rental iin which all such units are operated under a single management providing the occupan1ls thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13-7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres and Special Development District No: 4 and the 97.955 acres may be referred to as "SDD No. 4. ~~ B. The district shall consist of four separate development areas, as identified in this 4 Ordinance No. 31, Series of 2007 ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A Coldstream Condominiums B Glen Lyon Primary/Secondary and Single Family Lots C Glen Lyon Commercial Site ~ D Tract K E Dedicated Open Space Roads TOTAL Development Plan--Required--Approval Procedure 17.955 4.000 9.100 1.800 8.322 32.078 4.700 97.955 Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan for Development Area E shall be established through the review and approval of a design review application and/or conditional use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A, Vail Town Code. Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-7B- 3, (Commercial Core 1), Vail Town Code, except for in the CMC building, where office and educational uses shall be permitted on the first floor. The "first floor" or "street level" shall 5 Ordinance No. 31, Series of 2007 be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, educational, and office except that no professional or business office shall be located on street level or first floor, with the exception noted above, unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 .square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; . 8. Employee dwelling as defined in Section 12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal Code. D. Area D. Glen Lyon Commercial Site 6 Ordinance No. 31, Series of 2007 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. E. Area E, Tract K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square ' feet. 2. Special attraction; 3. Ski lifts; 4. Public Park and recreational facilities; 5. Major arcades with no frontage on any public way, street, walkway or mall area. 6. Transportation Business. 7. Temporary Use of the Tennis Facility for Conferences and Conventions 7 Ordinance No. 31, Series of 2007 B. Area B, Coldstream Condominiums 1. Public Park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. E. Area E, Tract K 1. Public parks. 2. Public utility and public service uses. 3. Access roads. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. 8 Ordinance No. 31, Series of 2007 Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning .Regulations, Vail Town Code. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations; subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to Ordinance No. 31, Series of 2007 9 permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pool:>, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. 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. Density--Dwelling Units, shall be amended as follows: 10 Ordinance No. 31, Series of 2007 (deletions are shown in +riLo +hr,,,,,.h/additions are shown in bold italics) The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of,,;neTy-~i~,~-`, one hundred one (101) dwelling units for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots One-hundred four (104) dwelling units. D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined within Chapter 12-13, Vail Town Code. Density--Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. ft.) GRFA. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots GRFA shall be calculated for each lot per Section 12-6D-8 (Density Control) for the Primary/Secondary district of the Vail Town Code. 11 Ordinance No. 31, Series of 2007 D. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area. B. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon Commercial Site CHART 1: Area A Completed Projects Aus DUs GRFA Retail/ Commercial Square Foot On-Site Parking Cascade Structure Parking MILLRACE I 16 20,000 20 0.00 MILLRACE II 14 17,534 25 0.00 MILT Pli~.~=E lilt _~5p 7 MILLRACE IV (COSGRIFF)'*' 6 10,450 19 0.00 12 Ordinance No. 31, Series of 2007 Aus DUs GRFA Retail! Commercial Square Foot On-Site Parking Cascade Structure Parking WESTIN 148 55,457 0.00 115 Alfredo=s 104 Seats Cafe 74 Seats Little Shop 1,250 Pepi Sports 2,491 W 8 H Smith, Vaurnot 900 CMC BUILDING Cascade Wing 8 15,870 0.00 16 Clancy=s 1,600 0.00 13.3 Theater 4,220 28 College Classrooms 0.00 40 College Office 0.00 4 Theater/Meeting Room 2J 1,387 0.00 11.5 TERRACE WING Rooms 120 58,069 0.00 105 Retail 5,856 0.00 20 PLAZA 1 13 Ordinance No. 31, Series of 2007 Rooms 20 7,205 0.00 16 Retail 1,099 0.00 4 PLAZA II Conference 0.00 35 Retail ~ 925 0.00 3 CASCADE CLUB Retail 300 0.00 1 Bar & Restaurant 252 0.00 3.5 Office in CMC 828 0.00 3 Wellness Center 1,386 0.00 7 Office in Club 420 0.00 1.4 LIFTSIDE (WATERFORD) Units 27 ~ 56 Employee Units 2 1,100 2 TOTALS 27 47,500 58 Cascade Club Addition Wellness Center 4,500 22.5 Plaza Office*' 925 .7 14 Ordinance No. 31, Series of 2007 TOTALS 288 AU 76 DU 239,680 24,598 129 449.9 (includes 2 EHUS) `*Plaza space has already been counted for a retail parking requirement. The new parking requirement is based on the difference between the retail and office parking requirements. ***For the purposes of calculating GRFA for the Cosgriff parcel (Millrace IV), no credits shall be given except for 300 s.f. to be allowed for each enclosed parking space. CHART 2: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 Parking Spaces in 461.9 Cascade Parking Structure Less 17.5% Mixed-Use Credit -80.8 Total Required Parking at Build-Out of Area A in Cascade Structure 381.1 Existing Parking in Cascade Structure 421.0 Required Parking in Cascade Structure at Build-Out of Area A With 17.5% mixed-use credit 381.1 15 Ordinance No. 31, Series of 2007 Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultz. 3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt, Schultz. 4. Waterford, Sheet'#2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0:/64'-3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11-13-92; Plan Level 90'-6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz. 10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, Schultz. 12. Waterford, Sheet #2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt, 16 Ordinance No. 31, Series of 2007 Schultz. 13. Waterford, Sheet#3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford,. Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 23. Cascade Club Addition Site Plan, Roma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson 17 Ordinance No. 31, Series of 2007 Associates. 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 38: Cascade Village Special Development District Amendment and Environmental Impact Report: Peter JamarAssociates, Inc., revised 11/22/88. 39. Topographic Map, Inter-Mountain Engineering, Ltd, 12/1/94 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92 41. The Approved Development Plan for Area A, Westhaven Condominiums, containing the following Sheets: wg. # itle uthor ate -1.0 itle Sheet orter Architects 03-15-O:i -1.1 icinity Map orter Architects 01-31-O:i -1.2 GRFA Summary orter Architects 03-15-05 -1.3 Spring Equinox Sun Shading orter Architects 01-31-0:5 -1.4 Summer Solstice Sun Shading orter Architects 01-31-0:5 -1.5 all Equinox Sun Shading orter Architects 01-31-0:5 -1.6 inter Solstice Sun Shading orter Architects 01-31-0:5 -1.7 Site Plan orter Architects 03-15-0:5 0001 Cover Sheet lpine Engineering 03-14-0:5 002 rading Plan (West Hal fl lpine Engineering 03-14-0:5 003 Grading Plan (East Half) Ipine Engineering 03-14-0:5 0004 Storm Drainage Plan Ipine Engineering 03-14-0:5 0005 Grading and Drainage Details lpine Engineering 03-14-0:5 0006 tility Plan Ipine Engineering 03-14-0.5 0007 tility Details Ipine Engineering 03-14-OS 0008 emolition Plan lpine Engineering 03-14-OS -1 andscape Plan ennis Anderson Assoc. 03-15-OS 18 Ordinance No. 31, Series of 2007 -2 andscape Plan -Cascade Club ennis Anderson Assoc. 03-15-OS 2.0 arking Level Plan orter Architects 03-15-OS 2.1 first Floor Plan orter Architects 03-15-OS 2.2 Second Level Plan orter Architects 03-15-OS 2.3 bird Level Plan orter Architects 03-15-OS 2.4 ourth Level Plan orter Architects 03-15-OS 2.5 oof Plan orter Architects 03-15-OS 3.1 uilding A Elevations orter Architects 03-15-OS 3.2 uilding B Elevations orter Architects 03-15-OS 4.0 uilding Sections orter Architects 02-14-05 4.1 uilding Sections orter Architects 02-14-OS 4.2 uilding Sections orter Architects 02-14-OS 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets, shall be amended as follows: (deletions are shown in st~+l~#/additions are shown in bold italics) wg. # Title uthor ate -2.20 econd Floor Plan Architects 01-28-07 -2.30 Third Floor Plan Architects , 01-28-07 -2.40 ourth Floor Plan Architects 01-28-07 -Z.SO iftlr Floor Plan Architects 01-28-07 19 Ordinance No. 31, Series of 2007 -3.10 ast and North Building Elevations Architects, 01-28-07 -3.20 West and South Building Elevations Architects 01-28-07 * A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. Area C, Glen Lyon PrimarylSecondary and Single Family Lots 1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc.,,dated 11-9-98. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimurn development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 20 Ordinance No. 31, Series of 2007 1982, by the Planning and Environmental Commission, and with the exception that the setback requirement of a portion of the Westhaven Condominiums building, as indicated on the approved development plans referenced in this ordinance, shall be 14 feet. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Required setbacks shall be governed by Section 12-6D-7 of the Primary/Secondary zone district of the Vail Town Code. For single-family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At-grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (2) the distance between the building envelope and the property line, or may project not more than five feet (5') nor more than one-fourth (3) the minimum required dimension between buildings. D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. Height A. For the purposes of SDD No. 4 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 a sloping roof unless otherwise specified in approved development plan drawings. 21 Ordinance No. 31, Series of 2007 B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club-Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. . C. Area B. Coldstream'Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single-Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyon Commercial Site 51 °lo of the roof shall have a height between 32 and 40 feet. 49% of the roof arE~a shall have a height under 32 feet. On the perimeter of the building for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. 22 Ordinance No. 31, Series of 2007 Site Coverage, Area A: Not more than 45% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. Area B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. Area D: No more than 37% of the total site area shall be covered by buildings and the parking structure. Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 12-10, Vail Town Code, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6% and the Westhaven Condominiums, where 71 % of required parking shall be enclosed in a building. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed-use credit per the Town of Vail parking code, has been applied to the total number of required parking spaces in the Cascade 23 Ordinance No. 31, Series of 2007 structure. 3. There shall be a total of 58 on-site parking spaces on the Waterford building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties; within a landscaped berm for Millrace III. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums. Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. 24 Ordinance No. 31, Series of 2Q07 D. Area D, Glen Lyon Commercial Site 1. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 2. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 3. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in the Town of Vail Municipal as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. 25 Ordinance No. 31, Series of 2007 E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances- governing, fireplaces. Additional Amenities and Approval Agreements for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Area A, Cascade Village 1. The developer of the Westhaven Condominiums building shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park, as indicated on the approved development plans referenced in this ordinance. The walk shall be constructed 26 Ordinance No. 31, Series of 2007 when a building permit is requested for the Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Westhaven Condominiums. 2. The developer shall provide 100-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 3. Cornerstone The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. C. Area D, Glen Lyon Commercial Site. The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing. In Area D, the above referenced employee housing requirement shall be provided on site. For the Westhaven Condominiums site, the employee housing requirement shall be met as set forth in Condition 3 herein. The developer(s) of Area A shall build a minimum of 3 employee dwelling units within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a miriimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven Condominuims building shall provide 4,400 square feet of employee housing pursuant 27 Ordinance No. 31, Series of 2007 to the terms of an agreement reached with the Town of Vail as described in Condition 3. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the .second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing. Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Town Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shall be required to provide a Type ll, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all allowed/required dwelling units and employee housing units on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Municipal Code, unless such time requirement is amended herein. 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 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 thereofN regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or- phrases be declared invalid. 28 Ordinance No. 31, Series of 2007 Section 5. 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 6. 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 7. 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 16th day of October, 2007, and a public hearing for second reading of this Ordinance set for the 6th day of November, 2007, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk 29 Ordinance No. 31, Series of 2007 r+ua~:~un~n~ ~ Vail Cascade Residences __ ..___ __ ^. ._~ _~_ E J _ ~.. _. _ ,ciA~ ~ i €~ ~ ^s~ r .~, F _ ... ;. f' _._ . Application for a Major Amendment to Special Development District No. 4, Cascade Village, to allow for an increase ~ from 1 1 to 14 dwelling units August 2007 ~: Submitted by ~ E F I 1 ~~ Wlareltt~ ~8arast~ng Gresup I i is ,, .: _..._.~ f Owner and Consultcnt Directory Owner/Applicant: Vail Cascade Residences, LLC c/o Steve Lindstrom PO Box 1 152 Vail, CO 81658 970-476-3035 Planning: Allison Ochs Kent, AICP Mauriello Planning Group, LLC PO Box 1 127 Avon, CO 81620 970-748-0920 Architect: Sally Brainerd RKD, Inc. PO Box 5055 Edwards, CO 81620 970-926-2622 r Table of Contents I. Introduction ....................................................................................... 3 II. Application Process ............................................................................ 4 Ill. Submittal Requirements ...................................................................... 4 IV. Detailed Project Description and Zoning Analysis .................................. 5 V. Special Development District -Standards and Criteria .......................... 7 VI. Comprehensive Plan Goals and Direction ............................................ 9 VII. Housing Plan ................................................................................... 1 1 IX. Adjacent Property Owners ................................................................. 13 2 Vail Cascade Residences Mauriello Planning Group, LLC T I. Introduction In January of 2006, Ordinance No. 22, Series of 2005, amended Special Development District No. 4, Cascade Village, allowing for the redevelopment of the area which formerly included the Cascade Village Theater and Colorado Mountain College. This area is located within "Area A" of the Cascade, which also includes Millrace, the Vail Cascade Resort, the Aria Club and Spa, and Liftside Condos. The approval of the Vail Cascade Residences included 1 1 dwe-ling units, and approximately 32,000 sq. ft. of GRFA. The 1 1 dwelling units required an amendment to SDD 4 from 94 to 98 dwelling units for Area A, even though the density and the GRFA were within the allowable GRFA for Area A. The applicant is now requesting an additional 3 dwelling units for the Vail Cascade Residences. There will be no change to GRFA. After additional market research indicating that smaller units are more likely to be short-term rented, the developer decided to construct smaller units -half of the units are less than 2000 sq. ft. The proposed development is harmonious with the general character of the Town and the goals of SDD No. 4. The current development standards within SDD #4 allow ali of the density and GRFA being allocated to this structure. A restaurant and eight, two-story residential condominium units are also located within the building, those uses and units will remain and are not part of this application (i.e., owned by others). "?' * _ x r~ ~ r t ~> > "~ ~~. ~ t~ ~, .i~ ~ ~ ~~=' , f ~•', ~' ~ ~ _ err \ l 1 f ~•~'~ . ~s- T ~~~ ~. F i * `..~ ~~ Mt f ~~ 11 Z I. 3 Vail Cascade Residences Mauriello Planning Group, LLC II. Application Process The addition of 3 dwelling units is a major amendment to SDD #4. The following is the definition of a major amendment an SDD: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposol 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 section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of Phis fide. III. Submittal Requirements The following is a list of the submittal requirements for a major SDD amendment. We have indicated the items that we have submitted with this amendment, and referenced the original submittal for items that are not affected by the major amendment. Fee Submitted Stamped, addressed envelopes and a list of the property owners ad~acent to the sub~ect ro ert Submitted Title Re ort Submitted Written a roval Submitted A written statement addressing the following: a. Describe the nature of the project to include information on proposed uses, densities, nature of the development proposed, contemplated ownership patterns and phasing plans. b. A statement outlining how and where the proposed development deviates from the development standards prescribed in the property's under) in zone district. Submitted A tom lete zonin anal sis Submitted Stam ed To ogra hit Surve Refer to the original submittal - no change Existin and Pro osed Site and Gradin Plans Refer to the on final submittal - no than e A Vicinity Plan Refer to the original submittal - no change A Landsca e Plan Refer to the on final submittal - no than e A Roof Hei ht Plan Refer to the original submittal - no than e Existin and Pro osed Architectural Elevations Refer to the on final submittal - no than e Existin and Pro osed Architectural Floor Plans Submitted Sun/shade anal sis Refer to the original submittal - no than e All tans must also be submitted in 8.5. x 1 1. reduced format. Submitted An Architectural or massin model Refer to the original submittal - no Chan e Photo overla s Refer to the on final submittal - no than e Parking needs assessment and vehicular circulation anal sis Refer to the original submittal - no change An Environmental Impact Re ort Refer to the original submittal - no than e 4 Vail Cascade Residences Mauriello Planning Group, LLC lV. Detailed Project Description and Zoning Analysis A Density Density is expressed as the number of residential dwelling units per acre of land. Allowable density for Area A is 15 dwelling units per acre. The proposed amendment includes an increase from 1 1 units to 14 units for the Vail Cascade Residences. Total dwelling units for Area A is proposed to be amended from 98 dwelling units to 101 dwelling units. However, there is no change to the overall density of Area A, which allows for a total allowable density of 270 units. Total units on the site are 288 accommodation units (which then covert to 2 au = 1 du) and 98 dwelling units (based on current approvals), which totals to 242 units. With the additional dwelling units proposed, the total units constructed will be 245 units. Density proposed will be 13.6 dwelling units per acre. Density is well below the allowable density of Area A of 15 dwelling units per acre. B. Residential Floor Areas While we are requesting an increase in density from 1 1 units to 14 units, there is no change in the approved gross residential floor area. The total allowable GRFA for Area A is 289,145 sq. ft., while only 239,680 sq. ft. has been constructed. The staff memorandum from the previous approval indicates that this project is allotted 32,000 sq. ft. C. Parking and Loading SDD No. 4 provides that off-street parking shall be provided in accordance with Chapter 12- 10, except that 75% of the parking in Area A shall be located within a parking structure or buildings. The ordinance requires that 421 parking spaces be provided for the uses in Area A in the main Cascade Club parking structure. A 17.5 percent mixed use credit per the Town of Vail parking code has been applied to the Total number of required parking spaces in the Cascade structure. The parking table within the ordinance approving SDD No. 4 includes an allocation of parking spaces to be provided for the uses constructed on-site. The Colorado Mountain College building (this is how the entire building including the theaters is described in the ordinance) is parked entirely within the Cascade Club parking structure according to the following breakdown: ' Theater 28 parking spaces College Classrooms 40 parking spaces College Office 4 parking spaces Theater Meeting Room 2J 1 1.5 parking spaces Sub-Totai 83.5 parking spaces 5 Vail Cascade Residences Mauriello Planning Group, LLC Blue Tiger/Clancy's 13.3 parking spaces (no change proposed) Cascade Penthouses 16 parking spaces (no change proposed) Therefore, 83.5 less the mixed use parking credit of 17.5% for a total of 69 parking spaces are provided within the Cascade Club parking structure for this building. The proposed uses within the building generate the following parking need: Seven dwelling units over 2000 2.5 per unit 17.5 parking spaces s . ft.: Seven dwelling units under 2 per unit 14 parking spaces 2000 s . ft. Commercial Floor areas as 1 per 250 sq. ft. 16.3 parking spaces office use(4,087 net increase sq. ft. reta i (/office) i Total: 47.8 arkin s aces Total less 17.5% multi-use credit: 39.4 arkin s aces Therefore, there is a net reduction in the number of spaces (29 less spaces) required to be provided within the existing parking structure. For reference, the previous approval required 32 fewer spaces. The required parking for Area A is owned by a third party. However, that does not change the fact the parking must be available to meet the parking requirement of uses within Area A as described in the regulating ordinance. Since the proposed redevelopment of the subject property will have markedly less impact on the parking, the owner of the parking structure also stands to benefit from the proposed application by unburdening 26 parking spaces originally set aside for the Colorado Mountain College and Cascade Theaters. No additional parking is therefore required for this application, nor is ownership of that parking required for the proposed uses. However, as a benefit to the owners of the Vail Cascade Residences, the developers have provided some parking spaces within the building itself. Since the approval of Ordinance No. 22, the developers have obtained approval for an additional 13 spaces in a parking garage beneath the structure. This addition did not require any review by Planning and Environmental Commission (other than for a variance for the garage entrance) or by Town Council. However, as a result, there is excess parking for the proposed units, and no additional parking is required. 6 Vail Cascade Residences Mauriello Planning Group, LLC V. Special Development District -Standards and Criteria "The purpose of the 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 with 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." The following design criteria are used by the Town in the evaluation of a Special Development District. Below is a summary of how the project implements each of these criteria. A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Our Analysis: The Vail Cascade Residences redevelopment leaves the existing building generally intact and the additional 3 units will not impact the original design which previously received DRB approval. The building has and continues to be compatible with the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identify, character, visual integrity and orientation. There are no exterior changes as a result of the additional 3 dwelling units. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Our Analysis: The applicant is not proposing any changes that deviate significantly from the intentions of SDD No. 4. The Cascade Village area and SDD No. 4 is characterized by residential, lodging, and commercial development. SDD No. 4 was established to ensure comprehensive development in a manner that is harmonious with the general character of the Town. The proposed redevelopment plan responds to the residential and commercial uses already developed in the neighborhood and adds to the high quality mix of uses existing along Westhaven Drive. The proposed uses will enhance this resort hub within the Cascade Village and generate activity that will not only benefit the property owner but the citizens of the Town of Vail. The proposed project creates a compatible, efficient, and workable relationship with surrounding uses and activities. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter) 0 of this Title. Our Analysis: The proposed redevelopment plan meets or exceeds all of the parking and loading standards found in Chapter 10 of the Zoning Regulations or those contained within the ordinance 7 Vail Cascade Residences Mauriello Planning Group, LLC regulating SDD No. 4. Please refer to other sections of this report and the proposed development plan for details on parking and loading. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Our Analysis: The proposed Vail Cascade Residences redevelopment plan complies with all relevant master planning documents and Town policies. Please refer to section "VI" of this report for a comprehensive review of the Town's master planning documents and policies that are implemented by this plan. E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Our Analysis: There are no natural or geologic hazards existing or mapped by the Town for this site. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Our Analysis: The building at issue has been developed for more than 20 years and therefore there are no natural features on the site. The property is well landscaped. The proposed project was designed to reflect the more modern design of the existing building as well as other adjacent buildings, the climate, and quality demanded by the Town. The project was also developed around the goals identified for SDD No. 4 and specifically Area A. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off- site traffic circulation. Our Analysis: The proposed project does not change the access or circulation system for the area. The proposed change in use will reduce the impact to traffic in the area. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Our Analysis: Area A is currently developed with landscape improvements and open spaces which comply with the original approval for Cascade Village. The proposed project will not impact landscape or open space requirements. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. 8 Vail Cascade Residences Mauriello Planning Group, LLC Our Analysis: The project is proposed to be developed in one phase. Building permits for the interior and exterior renovations vrill be pursued. A condominium plat will be required prior to CO of the project. VI. Comprehensive Plan Goals and Direction The Town's master planning documents have been analyzed with respect to the proposed redevelopment project. Below is a list of the Town's goals and objectives that are consistent with the proposed redevelopment plan. Items listed in italics are of particular importance to the proposed redevelopment plan. A. Vail Land Use Plan 1. General Growth/Development 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. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.5 Commercial strip development of the Valley should be avoided. 1. i 2 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. Skier/Tourist Concerns 2.1 The community should emphasize its role as c destination resort while accommodating day visitors. 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. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 9 Vail Cascade Residences Mauriello Planning Group, LLC r ~ 5. Residential 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. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 6. Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. 10 Vail Cascade Residences Mauriello Plonning Group, LLC VII. Housing Plan Ordinances No. 7 and No. 8, Series of 2007, requires the submittal of an employee housing plan or statement of exemption, as part of any development application. The purpose of the housing plan is to provide the Town with a strategy for the provision of employee housing units and to provide guidance to an applicant as to the suitability of the plan. The Planning and Environmental Commission shall approve, approve with modifications, or deny an employee housing plan. 1. CALCULATION METHOD -the calculation of the commercial linkage and inclusionary housing requirement, including credits where applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter. A. Commercial Linkage Calculation. Ordinance 7, Series of 2007, provides the Commercial Linkage requirements. Based on this ordinance, commercial generation rates are applied to the new commercial uses on the site. Then, a 20% mitigation rate is applied to the net new employees generated by the proposed uses. No new commercial development is proposed. Therefore, this section is Not Applicable. B. Inclusionary Housing Calculation. Ordinance 8, Series of 2007, provides an inclusionary housing "mitigation rate of ten percent (10%) of the total new GRFA." Net New GRFA proposed: 0 Inclusionary Requirement: 10% of net new GRFA Total Housing Requirement: 0 2. PLANS - A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-24-3, Building Requirements. Not Applicable. 3. LOT SIZE -The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment. Not Applicable. 4. SCHEDULES - A timeline for the provision of any off-site EHUs. Not Applicable. 5. OFF-SITE UNITS - A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposal. Not Applicable. 11 Vail Cascade Residences Mauriello Planning Group, LLC 6. OFF-SITE CONVEYANCE REQUEST - A request for an off-site conveyance shall include a brief statement explaining the basis for the request. Not Applicable. 7. FEES-IN-LIEU - A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal. Not Applicable. 8. WRITTEN NARRATIVE - A written narrative explaining how the employee housing plan meets the purposes of the Chapter and complies with the Town's Comprehensive Plan. Chapter 12-24-1 The purpose of Chapter 12-24-1 is as follows: The purpose of this Chapter is to ensure that new residential development and redevelopment in the Town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. The Town Vail Land Use Plan offers the following goals with regard to employee housing: 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. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Not Applicable. 12 Vail Cascade Residences Mauriello Planning Group, LLC IX. Adjacent Property Owners CASCADE VILLAGE THEATER INC - CMC RESIDENTIAL SUBASSOCIATION INC PO BOX 1 152 VAIL, CO 81658 THE COLORADO MOUNTAIN CONDOMINIUM ASSOCIATION, INC. JULIE GRIMM 1000 S. FRONTAGE ROAD STE 200 VAIL, CO 81657 CASCADE CLUB ASSOCIATION DON MacLachlan 1300 WESTHAVEN DRIVE VAIL, CO 81657 CASCADE CLUB ASSOCIATION 1 1777 SAN VICENTE BLVD. SUITE 900 LOS ANGELES, CA 90040 L-O VAIL HOLDING INC C/O DELOITTE & TOUCHE LLP 6363 N STATE HWY 161 STE 800 IRVING, TX 75038-2262 L-O VAIL HOLDING INC C/O DELOITTE & TOUCHE LLP 5550 LBJ FREEWAY STE 700 DALLAS, TX 75240 L-O VAIL HOLDING C/O DELOITTE & TOUCHE LLP 555 17TH ST STE 3600 DENVER, CO 80202 CASCADE CLUB LTD C/O DELOITTE & TOUCHE LLP 555 17TH ST STE 3600 DENVER, CO 80202 13 Vail Cascade Residences Mauriello Planning Group, LLC VAIL PARKING LLC 2990 BOOTH CREEK DR. VAIL, CO 81657 MIRUS LLC C/O WN MANAGEMENT PO BOX 7270 AVON, CO 81620 GEORGIA FOX MCINTOSH 1983 REVOCABLE TRUST 2017 WINDSOR PL FT WORTH, TX 761 10 MAHONEY, MICHAEL F. & JULIE A. 7210 SPRING CREEK CIR NIWOT, CO 80503 LO PORTO, JOHN J. - CINTORINO, THOMAS J 21 APPLETREE GREEN NASHUA, NH 03062-2234 HANNEN, KEVIN P. 3409 PATRICK ST ST CHARLES, LA 70605 NEPTUNE PARTNERS LTD 252 CLAYTON 400 DENVER, CO 80206 HUFF, GLEN & MARSHA 51 1 VILLA CROSSING SOUTH LAKE, TX 76092 MULONE, NICHOLAS P. & SANDRA L. 304 STONEYBROOK DR CHESWICK, PA 15024 POWERS, SUSAN L. 18821 DELAWARE ST STE 207 HUNTINGTON BEACH, CA 92648 BROE, PATRICK D. C/O BROE CO 252 CLAYTON ST 4TH FL DENVER, CO 80206 14 Vail Cascade Residences Mauriello Planning Group, LLC ANI INVESTMENTS LTD C/O DON BAKER 633 W FIFTH ST STE 4000 LOS ANGELES, CA 90071-2007 LIFCHEZ, AARON S. & ROBERTA A. 525 SUNSET LN GLENCOE, IL 60022-1 141 FERRIS, BROOKE PO BOX 216 VAIL, CO 81658 TALOUMIS, LOUIS J. & LORI J. -JT 5855 GLADSTONE ST COLORADO SPRINGS, CO 80906 CASSIS INVESTMENTS LTD C/O DON BAKER 633 W 5TH ST STE 4000 LOS ANGELES, CA 90071-2007 INSIDE SDD No. 4 1239 B WESTHAVEN CIRCLE LLC 29 LAUDER LN GREENWICH, CT 06831 AXIS HOLDINGS LTD 170 MIDWEST RD SCARBOROUGH ONTARIO M 1 P 3A9 CANADA, BRADSHAW, DAVID C. 65 CENTRAL PARK W UNIT 15-B NEW YORK, NY 10023 H&C STONE REVOCABLE TRUST 615 PALISADES AVE SANTA MONICA, CA 90402 HASSMAN, ALAN R. & GLORIA J. 8 CREEKSIDE LN CAMP HILL, PA 1701 1 15 Vail Cascade Residences Mouriello Planning Group, LLC HEINEN, NANCY A. & JOHN J. 2565 SOM CENTER HUNTING VALLEY, OH 44022 JAMES A. BELTZ REVOCABLE TRUST - J. ANNE BELTZ REVOCABLE TRUST 447 PEAVEY RD WAYZATA, MN 55391 ROBERT J. ROSEN 2005 QPRT NANCY ROSEN 2005 QPRT 1 127 LAKE AVE GREENWICH, CT 06831 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 GLEN LYON OFFICE BUILDING C/O ANDREW D. NORRIS 1000 S FRONTAGE RD W STE 200 VAIL, CO 81657 WESTHAVEN REALTY LLC 1 127 LAKE AVE GREENWICH, CT 06831 HAGOPIAN & PENNINGTON,LLC-NORRIS,A.D.III C/O BRENTWOOD ASSOC & T.M. PENNINGTON 1 1 150 SANTA MONICA BLVD 1200 LOS ANGELES, CA 90025 MILL RACE CONDOMINIUM ASSOCIATION JULIE GR1MM 1000 S FRONTAGE ROAD, WEST #200 VAIL, CO 81657 MILL RACE CONDOMINIUM ASSOCIATION 1476 WESTHAVEN DR. UNIT 1, SUITE 200 VAIL, CO 81657 CASCADES ON GORE CREEK OWNERS ASSOC INC 1476 WESTHAVEN DR VAIL, CO 81657 16 Vail Cascade Residences Mauriello Planning Group, LLC KOENIG, HOWARD P. 7 BREAKERS AISLE DANA POINT, CA 92629 YELLOW BIRD LTD C/O CASCADE VILLAGE 1476 WESTHAVEN DRIVE VAIL, CO 81657 PETERSON, JERRY W. THREE LYNN RD CHERRY HILLS VILLAGE, CO 801 13 CASCADES ON GORE CREEK OWNERS ASSOC INC 1476 WESTHAVEN DR VAIL, CO 81657 KAISER, PETER & ANAFU M. 10 EDWARDS POINT RD RUMSON, NJ 07760 FERRY, TERRANCE F. & GAIL LOWENTHAL 1390 WESTHAVEN DR 6 VAIL, CO 81657 CGC VAIL LLC 4101 BIRCH ST STE 100 NEWPORT BEACH, CA 92660 L-O WESTHAVEN INC C/O DELOITTE & TOUCHE LLP 555 17TH ST STE 3600 DENVER, CO 80202 BLUME FAMILY PTNSHP FRED P. BLUME PO BOX 504 CHEYENNE, WY 82003 DEWS, JULIANNA PO BOX 362 VAIL, CO 81658 BELTZ, JAMES A. & ANNE HOUGH -JT 447 PEAVEY RD WAYZATA, MN 55391 17 Vail Cascade Residences Mauriello Planning Group, LLC MCCULLOH, HUGH 375 SAINT PAUL ST DENVER, CO 80206 FREEMAN, MICHAEL J. 6-B BLUE SEA LN KINGS POINT, NY 1 1024 SKI CASCADE LLC C/O PETER AND GRETCHEN BROWN 3696 LAKE MENDOTA DR MADISON, WI 53705 HASSMAN, ALAN R. & GLORIA J. -JT 8 CREEKSIDE LN CAMP HILL, PA 1701 1 NA CO - MCMILLAN, NANCY O. - OATEY, WILLIAM R. 4700 W 160TH ST CLEVELAND, OH 44135 SMITH, DEBRA 5614 S LANSING WAY ENGLEWOOD, CO 801 1 i HOWELL, JOHN N. & MARY L. -JT 1 1 O1 PENNSYLVANIA AVE NW #400 WASHINGTON, DC 20004 STEVENSON, RAY ONE NE LAGOON ISLAND CT SEAWALL'S POINT, FL 34996 BROOKS, SCOTT K. - KLAESS, MATT S. -JT 1515 WAZEE STE 300 DENVER, CO 80202 VAIL LLC PO BOX 1558 CLEARWATER, FL 33757 VAIL LLC 1000 ELDORADO AVE CLEARWATER, FL 33767 18 Vai! Cascade Residences Mauriello Planning Group, LLC KCV L.LC. - RAINER, WILLIAM & JULIE PO BOX 550 OLATHE, KS 66051 MORGAN, MITCHELL - ET AL C/O VAIL CASCADE CONDOMINIUMS INC 1476 WESTHAVEN DR VAIL, CO 81657 SI PARTNERS LTD 252 CLAYTON ST 4TH FL DENVER, CO 80206 MDSB LP 5752 S JASMINE ENGLEWOOD, CO 801 1 1 LAZIER, ROBERT BUDDY 386 HANSON RD VAIL, CO 81657 ELLENORE JOINT VENTURE C/O PHILIPP A KORT 210 N CHAMBORD DR ATLANTA, GA 30327 NASR, MOE 7910 SAM HOUSTON PKWY W HOUSTON, TX 77064 COHEN, RICHARD W. 2950 RIVERMEADE DR ATLANTA, GA 30327 WILKINS, F.D. 2655 BRIARWOOD DR BOULDER, CO 80303 MOREIRA, DOMINGO R. 7231 SW 63RD AVE MIAMI, FL 33143 19 Vail Cascade Residences Mauriello Planning Group, LLC GLEN LYON ASSOC LLC C/O MADELYNN HAUSMAN ATTORNEY 77 W WASHINGTON ST STE 1 1 19 CHICAGO, IL 60602 ALEXANDRA P. LINN TRUSTEE ALEXANDRA P. LINN REVOCABLE TRUST 1350 GREENHILL CT VAIL, CO 81657 KARLIN, MITCHELL J. PO BOX 8488 NORTHFIELD, IL 60093 WOLF, MARY PO BOX 354 WINNETKA, IL 60093 HORN, JEFFREY M. & SALLY HELMS 18 AVON RD BRONXVILLE, NY 10708 PURCHASE, JOHN LAYTON & LARA JUNE 754 POTATO PATCH DR VAIL, CO 81657 GERSTENBERGER, ALLEN & JANET 5255 BOW MAR DR LITTLETON, CO 80123 LOHRE, JOHN O. & MARY B. 333 LOGAN ST STE 203 DENVER, CO 80203 HARLAN DEVELOPMENT COMPANY LLC C/O HAL P HARLAN PRESIDENT PO BOX 29176 INDIANAPOLIS, IN 46229 CUNNINGHAM, BARRY E. 271 ANEMONE DR BOULDER, CO 80302 HOVEY, NANCY M. 1 WOODHOLM LN MANCHESTER, MA 01944-1057 20 Vail Cascade Residences Mauriello Planning Group, LLC 1439425 ONTARIO INC 17 CHESTNUT PARK RD TORONTO ONTARIO M4W1 W4 CANADA MARJORIE H. ODEEN REVOCABLE INTER VIVOS TRUST 1435 HARVEST CROSSING DR MCLEAN, VA 22101 MORLEY, REBECCA D. & ANDREW W. 1330 SONGBIRD CT BOULDER, CO 80303 HINZ, PAMELA SHEILA 1460 A GREENHILL CT VAIL, CO 81657 KIRKPATRICK, DOUGLAS H. & JOAN M. 48 HYDE PARK CIR DENVER, CO 80209 PHILIP H. CORBOY JR. TRUST 33 N DEARBORN CHICAGO, IL 60602 DULUDE, RICHARD & JEAN P O BOX 537 1 O6 LAKE AVE GEORGES MILLS, NH 03751 1359 GREENHILL COURT LLC 101 S CLERMONT DENVER, CO 80246 MEISTER, RICHARD W. & JULIE L. 39 LOCKWOOD AVE OLD GREENWICH, CT 06870 GURRENTZ, HEDY & KENNETH G. 5360 S BOSTON ST GREENWOOD VILLAGE, CO 801 1 1 1334077 ONTARIO INC 2531 STANFIELD RD MISSIGAUGA ONTARIO L4Y1 S4 CANADA 21 Vail Cascade Residences Mauriello Planning Group, LLC BLIVAS, JULIE 148 S WESTGATE AVE LOS ANGELES, CA 90049 SUSAN RUBENSTEIN QUALIFIED PERSONAL RESIDENCE TRUST 2129 N. CLEVELAND CHICAGO, IL 60614 DUNNING, PETER B. & LUCY 1461 GREENHILL CT VAIL, CO 81657 ORTEGON, ANTHONY & VERA 2 ROCKBRIDGE LN PUEBLO, CO 81001 SCHUBERT, FRED V. & MARIA A. TRUST 6 MAGGIE LN DOWNINGTOWN, PA 19335-3208 MOONEY, BARBARA C. 1455 GREENHILL CT W 1/2 VAIL, CO 81657 NAGLE, TIM W. & KAREN M. 13307 TOSCA HOUSTON, TX 77079 KEMP, JACK F. & JOANNE M. 1901 PENNSYLVANIA AVE NW STE 300 WASHINGTON, DC 20006-5805 KEMP, JACK F. & JOANNE M. 1775 PENNSYLVANIA AVE NW 1 1 TH FLOOR WASHINGTON, DC 20006-5805 ORLINSKY, DAVID 103 W. 89T" STREET NEW YORK, NY 10024 LANDERS, JOHN & DEBRA 2530 GUTLOOK TRL BROOMFiELD, CO 80020 22 Vail Cascade Residences Mauriello Planning Group, LLC O LIVE R, C. HARDY, J R & AN N B. 408 COVE VIEW POINT COLUMBIA, SC 29212-8402 SPICER, WILLIAM J. -GLEN LYON DEV 1710 PLATTE ST DENVER, CO 80202 BERTOLE, PHILLIP 701 GRASSMERE AVE INTERLAKEN, NJ 07712 ARENT, STEPHEN W. -SPICER, WILLIAM J. 1710 PLATTE ST DENVER, CO 80202 GUNSLINGER VAIL 1 LLC 1530 16TH ST DENVER, CO 80202 JASPERSEN FLP I LTD 4807 CROOKED LN DALLAS, TX 75229 GUNSLINGER VAIL 2 LLC 1530 16TH ST DENVER, CO 80202 1245 WESTHAVEN LLC C/O CURTIN 55 EMILY ROAD FAR HILLS, NJ 07931 RUTING, WAYNE M. PO BOX 149 DENVER, CO 80201-0149 WHITE ROCK PROPERTIES LLC ATTN: TOM RYSTROM PO BOX 3546 LITTLE ROCK, AR 72203 STONE, HOWARD L . & CATHERINE A. 615 PALASADES AVE SANTA MONICA, CA 90402 23 Vail.Cascade Residences Mauriello Planning Group, LLC BLUE OX LLC 17 CAMPBELL RD WAYLAND, MA 01778 LIPNICK, JANIE B. 6238 29TH ST NW WASHINGTON, DC 20015 VALENTINE, ROSSLYN M. PO BOX 910 VAIL, CO 81658 BEARD, STANLEY S. & BONNIE K. 2121 N FRONTAGE RD 210 VAIL, CO 81657 HALSETH, B. & L. -HALSETH, C. & D. - HALSETH, D. CUST. - KNOX, C.A. CUST. 1176WKST BENICIA, CA 94510-2415 BRAMANTE, M.A. & ELEANOR 1285 WESTHAVEN CIR VAIL, CO 81657 MCMAHON TRUST 792 SAN LORENZO ST SANTA MONICA, CA 90402 PEDIGO, JAMES & RUTH ANN 2019 ALAQUA LAKES BLVD LONGWOOD, FL 32779 LESSANS, MARC B. PO BOX 450 NEW MARKET, MD 21774 JOHN L. ALFOND 2004 TRUST C/O GREGORY W. POWELL TRUSTEE TWO MOUNUMENT SQUARE PORTLAND, ME 04101 SIROTKIN, NEIL & GABRIELA J. 2121 N FRONTAGE RD W 197 VAIL, CO 81657 24 Vai! Cascade Residences Mauriello Planning Group, LLC MILLER, GARY E. & V. EILEEN 1415 WESTHAVEN DR VAIL, CO 81657 O NEIL PATRICIA 1385 WESTHAVEN DRIVE VAIL, CO 81657 COLDSTREAM CONDOMINIUM ASSOCIATION JULIE GRIMM 1000 S. FRONTAGE ROAD W, #200 Suite 200 `/AIL, CO 81657 COLDSTREAM CONDOMINIUM ASSOCIATION 1476 WESTHAVEN DR. UNIT #1 VAIL, CO 81657 FLOWER, MICHAEL G. & ELIZABETH RAMSEY C/O MDM SERVICES CORPORATION 28202 CABOT RD STE 205 LAGUNA NIGUEL, CA 92677 WALTON GROWTH FUND LP 3252 ROANOKE KANSAS CITY, MO 641 1 1 MCMAHAN, JOHN T. & LYNN 676 N ST CLAIR STE 1575 CHICAGO, IL 60611 LIFTSIDE CONDOMINIUM ASSOCIATION VAIL CASCADE CONDOMINIUMS 1476 WESTHAVEN DRIVE VAIL, CO 81657 LIFTSIDE CONDOMINIUM ASSOCIATION 1234 WESTHAVEN DRIVE VAIL, CO 81657 25 Vail Cascade Residences Mauriello Planning Group, LLC OUTSIDE SDD NO. 4 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 UNITED STATES OF AMERICA PO BOX 25127 LAKEWOOD, CO 80225 EAGLE RIVER WATER & SANITATION DIST 846 FOREST RD VAIL, CO 81657 VAIL CORP PO BOX 7 VAIL, CO 81658 H & K MANAGEMENT LLC 953 S FRONTAGE RD W 230 VAIL, CO 81657 G. LOVEN LLC 934 S FRONTAGE RD VAIL, CO 81657 L-O WESTHAVEN INC C/O DELOITTE & TOUCHE LLP 555 17TH ST STE 3600 DENVER, CO 80202 THE EAGLE POINTE CONDOMINIUM ASSOCIATION DANN PETER 15 HIGHLANDS LN AVON, CO 81620 THE EAGLE POINTE CONDOMINIUM ASSOCIATION PO BOX 5480 AVON, CO 81620 VAIL PARK ASSOCIATION LTD. HIH FARROW 1472 MATTERHORN CIRCLE VAIL, CO 81657 26 Vail Cascade Residences Mauriello Planning Group, LLC .z.. . _~,, ~~ i ,~ ~.~,~ ~ ~,~~ i ~ ~~~ ~ ~~ xrmwanm gcaw /_, osoi+n v m~r~..w..» ,,Q ai~ti.~++» ""LJ im ,, _ ~. ` _ ,~ ~e ~~ _ .~ ,~ ~ . t ~~,~. -- ~ ~: ~ . ~ ~ ~ _ `' T~ ~ ~, _, ~._ _ r~ I __ ~ "~~~ ~. ~ ~ .. n ~ r ~ ' ,. .~, ~ ~ - ». K, A ~_F ~, ~ ® ~ ~ _ t ._.... ... ~~ r -f ~ `~ 4 ~ '~ '., ~ Seanrid Finnr_i~ia~ *~ fir..»rsrr q J - '• i ~, -_ /'v~ ._ .~° r~' .r~ s L J t ii .-?~_ + 6 ~ 99 iJ ~ I I !,~ Ifr ~.. ~-•-"f] i~ ~ j ~ T i - - r ~ , _~ f~ ILA- ~ ~^"'~ t r ~:'. f n ~~~~ J .1 ~~ ~~ ~ Pro ead Second FloorPtan m..:rrcs. »~ s;; . ~, ~-~; c - ~+ r- ~. 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TOWN CODE, REGARDING ABATEMENT OF THE MOUNTAIN PINE BEETLE; AMENDING TITLE 5 VAIL TOWN CODE WITH THE ADDITION OF CHAPTER 10 "ABATEMENT OF THE MOUNTAIN PINE BEETLE AND WILDFIRE FUELS REDUCTION"; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado, is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town of Vail (the "Council") have been duly elected and qualified; and WHEREAS, within the State of Colorado and within the Town there exists a growing mountain pine beetle epidemic which threatens health, safety and welfare of our state and our community; and WHEREAS, the presence of the mountain pine beetle and beetle infested trees within the Town presents a real and substantial risk to the public health, safety and welfare, including the increased risk of rapidly spreading wildfire. In addition, the presence of dead or substantially dead trees, regardless of the cause, also presents an increased risk and danger of rapidly spreading wildfire; and WHEREAS, certain text amendments are necessary to the Town Code, as they relate to the abatement of the mountain pine beetle, dead or substantially dead trees and other wildfire fuels to protect the health, safety and welfare of the Town and its inhabitants; and WHEREAS, the inspection provisions contained in this Chapter are necessary in the interest of public safety within the meaning of Rule 241(b)(2) of the Colorado Municipal Court Rules of Procedure. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 5-1-5 of the Municipal Code of the Town of Vail is hereby deleted in its entirety. Ordinance No. 23, Series of 2007 1 Section 2. Title 5 of the Municipal Code of the Town of Vail is hereby amended by the addition of Chapter 10 to read as follows: CHAPTER 10 ABATEMENT OF THE MOUNTAIN PINE BEETLE AND WILDFIRE FUELS REDUCTION Section: 5-10-1: Definitions 5-10-2: Duty of Landowner and Occupant to Permit Inspection 5-10-3: Inspection for Mountain Pine Beetle and Wildfire Fuels 5-10-4: Notice of Violation 5-10-5: Abatement Order 5-10-6: Permitfor.Removal of Beetle Infested Trees and Wildfire Fuels 5-10-7: Unlawful Acts 5-10-8: Violation; Penalty 5-10-1: DEFINITIONS: For purpose of this Chapter 10, the following words shall have: the following meanings, unless the context clearly requires otherwise: BEETLE INFESTED TREE: A tree, alive or dead, which is or has been infested with the Mountain Pine Beetle (Dendroctonus ponderosae). DIRECTOR: The Town of Vail Director of Public Works, or his designee. MOUNTAIN PINE BEETLE: The species Dendroctonus ponderosae. OCCUPANT: Any person in physical possession of any lot, tract or parcel of real property located within the Town of Vail limits who are not the owner of such property. For the purposes of this Chapter 10, "occupant" does not include the owner of an easement or right-of-way across property. OWNER OR LANDOWNER: Any person who owns any lot, tract or parcel of real property located within the corporate limits of the Town of Vail. PROPERTY: Any lot, tract or parcel of real property located within the corporate limits of the Town of Vail. WILDFIRE FUELS: (i) A tree, alive or dead, which is or has been a beetle infested tree; (ii) Any species or variety of tree which is dead or substantially dead and determined to be a wildfire fuel hazard by the Town of Vail Director of Public Works, or his' designee. 5-10-2: DUTIES OF LANDOWNER AND OCCUPANT TO PERMIT INSPECTION: An owner or occupant whose property contains one or more beetle infested trees or any fire fuels shall allow the Director to enter such property for the purpose of immediate inspection of the trees located upon such property when at least one of the following events has occurred: A. The owner or occupant has requested the inspection; or Ordinance No. 23, Series of 2007 2 B. A neighboring landowner or occupant has reported a suspected beetle infested trees or other wildfire fuels and requested an inspection; or C. The Director has made a visual observation from a public right-of-way or area and has reason to believe that beetle infested trees or other wildfire fuels exist on the property of the owner or occupant. 5-10-3: INSPECTION FOR MOUNTAIN PINE BEETLE AND WILDFIRE FUELS: A Subject to the requirements and limitations of this Chapter, The Director shall have the right to enter upon any property, whether public or private, during reasonable hours for the purpose of inspecting for the existence of a beetle infested tree or any other wildfire fuels when at least one of the three events described in section 5-10-2 has occurred. However, no agent or employee of the Town shall enter upon any property to inspect for a beetle infested tree or other wildfire fuels without the permission of the owner or occupant, or without an inspection warrant issued pursuant to this Chapter. B. If verbal permission to inspect the property from the affected owner or occupant is not obtained, the Town shall send written notice to the landowner and any occupant of the property advising that the Director desires to inspect the property for a beetle infested tree and/or other wildfire fuels. The notice shall be sent by certified mail. The notice may be sent to the landowner at the address to which tax notices are sent according to the records of the Eagle County Treasurer, and to the occupant at the property address. Alternatively, the Director may personally serve such notice upon the affected owner or occupant. Where possible, inspections shall be scheduled and conducted with the concurrence of the owner or occupant. C. If permission to enter upon and inspect the property is not obtained within ten (10) days after the notice described in subsection B of this section has been received, or within ten (10) days of the date of service if the notice was personally served, the Director may request that an inspection warrant be issued by the Municipal Court. The Municipal Court Judge shall issue an inspection warrant upon presentation by the Director of an affidavit satisfying the requirements of Rule 241(b)(2) of the Colorado Municipal Court Rules of Procedure. D. In the case of an emergency involving imminent danger to the public health, safety or welfare, the Director may enter upon any property to conduct an emergency inspection without a warrant and without complying with the requirements of this section. 5-10-4: NOTICE OF VIOLATION: A. If the Director determines that property contains one or more beetle infested trees or other wildfire fuels, the Director shall notice the owner and any occupant of the property. Such notice shall be given either by certified mail or personal delivery. B. The notice shall: 1. advise the owner or occupant that the property contains one or more trees infested with mountain pine beetle and/or other wildfire fuels; Ordinance No. 23, Series of 2007 3 2. advise the owner or occupant of Town approved methods for the removal or destruction of beetle infested trees and/or other fire fuels; and 3. advise the owner or occupant that all trees infested with mountain pine beetle and/or other wildfire fuels must be removed within a minimum of ten (10) days following receipt of the notice, or that an acceptable plan and schedule for removal of the beetle infested trees or other wildfire fuels must be submitted to the Director within such ten (10) day period. C. If the owner or occupant disputes that the property contains one or more beetle infested trees or other wildfire fuels as determined by the Director, the owner or occupant shall notify the Director of such dispute within ten (10) days of receipt of the Director's notice. If a timely notice of dispute is given, the Town shall not file an application four an abatement order until the Director has met with the disputing party in an effort to resolve the dispute. If the Director meets with disputing party and is unable to resolve: the dispute; the Town may file an application for an abatement order pursuant to section 5- 10-5 below. 5-10-5: ABATEMENT ORDER: A. In the event the owner or occupant fails to comply with the Director's notice as described in Section 5-10-4 by removing the beetle infested trees and/or other wildfire fuels or by submitting an acceptable schedule for such removal within the applicable ten (10) day period, the Town has the authority to provide for and to complete the removal by obtaining and acting on an abatement order. B. Upon the expiration of the. notice period, or at any time thereafter if the required action has not taken place, the Town may apply to the Municipal Court for an abatement order. C. An application for an abatement order shall be accompanied by an affidavit affirnning that: 1. The Director has. determined that the. subject property has one or more beetle infested trees or other wildfire fuels; 2. The Director has complied with the notice requirements of Section 5-10-4; anti 3. The owner or occupant has failed to either remove the beetle infested trees or other wildfire fuels, or has failed to submit an acceptable plan and schedule such removal within the required time. D. The Town shall give notice to the owner and any occupant of the property of its application for an abatement order either by certified mail or by personal service of the notice. The notice of application for an abatement order shall include a copy of the Town's application and its affidavit in support thereof, as well as the date, time, and place at which the Town will appear before the Municipal Gourt to request entry of the abatement order. E. At the stated time, date and place, the Municipal Court judge shall review the Town's application for an abatement order, the affidavit, any statement of the Town offerecl in support thereof, as well as any statement and evidence presented by the owner or occupant, if present. F. The Municipal Court Judge, is authorized to enter an order permitting the Town to enter Ordinance No. 23, Series of 2007 4 upon the subject property, remove beetle infested trees or other wildfire fuels and to recover its costs as provided in subsection I of this section, if the Municipal Court Judge finds that: 1. The subject property has one or more beetle infested trees or other wildfire fuels; 2• The Director has complied the notice requirements of Section 5-10-4; and 3. The owner or occupant has failed to either remove the beetle infested trees or other wildfire fuels, or has ,failed to submit an acceptable plan and schedule such removal within the required time. G. An owner is responsible under this Chapter for any beetle infested trees permitted to remain on the owner's property by an occupant after the Director has given notice of a violation pursuant to Section 5-10-4. H. In the case of an emergency involving imminent danger to public health, safety or welfare, the Town may authorize the immediate removal of any beetle infested trees or other wildfire fuels without notice or an abatement order. The owner or occupant shall be assessed twice the whole cost of removal of the beetle infested trees or other wildfire fuels from the subject property, including administrative fees. If all costs and charges incurred by the Town are not paid within thirty (30) days from the date of the assessment, the unpaid costs shall be certified to the Eagle County Treasurer for collection in the same manner as real property taxes. 5-10-6: PERMIT FOR REMOVAL OF BEETLE INFESTED TREES AND WILDFIRE FUELS: The Director shall issue a permit to any owner or occupant desiring to remove one or more beetle infested trees or other wildfire fuels from his or her property. There shall be no application fee for the permit. The application shall contain a written narrative describing the type, size, quantity and general location of the beetle infested trees and/or wildfire fuels proposed to be removed. The Director may perform a site visit prior to taking any action on permit application. 5-10-7: UNLAWFUL ACTS: A. It shall be unlawful for any owner or occupant to fail or refuse to remove all beetle infested trees or other wildfire fuels from their property within the time period provided for in a notice of violation sent by the Director pursuant to section 5-10-4 of this section. B. It shall be unlawful for an owner or occupant to deny the Director access to their property if the Director presents an inspection warrant or abatement order issued pursuant to this Chapter 10. C. It shall be unlawful for any person to sell, expose for sale, offer for sale, transfer, give away or offer to give away any beetle infested tree anywhere within the Town. 5-10-8: VIOLATION; PENALTY: Any person convicted of violating any of the provisions of this Chapter shall be punished as provided in Section 1-41 of this Code; provided, that each separate act in violation of the provisions 'of this Chapter, or each and every day or portion thereof during which any separate act in violation of this Chapter is committed, continued, or permitted, shall be deemed a separate offense. Ordinance No. 23, Series of 2007 5 Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinaince 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 4. 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 5. 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 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 ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of October, 2007, and a public hearing for second reading of this Ordinance set for the 6th day of November, 2007, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Town Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 23, Series of 2007