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HomeMy WebLinkAbout2008-07-01 Support Documentation Town Council Work Session , ' VAfL TOWN COUNCIL WORK SESSION AGENDA , VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 . 2:00 P.M., TUESDAY, JULY 1, 2008 NOTE: Times of items are approximate, subject to change, and . cannot be relied upon to determine at what time Council will consider an item. - 1. Warren Campbell ITEM/TOPIC: PEC/DRB Update. (5 min.) 2. WaRen Campbell ITEM/TOPIC: Update to the Vail Town Council on the current status of the Ever Vail applications, their review, and the process moving forward. (20. min.) ACTION REQUESTED OF COUNCIL: There is no action requested of Council at this time BACKGROUND RATIONALE: The redevelopment of the area known as Ever Vail is an intricate project with many applications and steps within the development review process. Staff and the Vail Resorts Development Company have scheduled a work session with the Vail Town Council in an effort to communicate the , current status of the review process for Ever Vail. A presentation to the Vail Town Council will include the review steps that are completed and the anticipated future steps in the review of the Ever Vail redevelopment. 3. Scot Hunn ITEMITOPIC: A request for first reading of Ordinance No. 5, Series of 2008, an ordinance approving 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 the development of the Cornerstone Site. (PEC070055) (30 min.) . ACTION REQUESTED OF COUNCIL: Work Session: Staff recommends the Council listen ta the Staff's presentation of revisions made to the site specific development plan, proposed amendments to the SDD, as well as the public benefits proposed with the development of the Cornerstone Site. If the Staff is able to satisfactorily address the Council's previously stated concerns and questions with regard to the development plan and ~ amendments to the SDD during the work session, Staff has prepared an ordinance for the Council's consideration upon first reading. BACKGROUND RATIONALE: On January 28, 2008, the Town of Vail Planning and Environmental Commission voted unanimously to forward a recommendation for approval, with conditions, of an application for a major amendment to SpeciaG Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site. (PEC070055) On, February 19, 2008, the Vail Town Council held a public hearing to consider Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to Special Development District No. 4, Cascade Village, on first reading. At that meeting, the Council voted unanimously to table the public hearing to their regularly scheduled meeting of March 18, 2008, citing concems over the proposed amendments to the SDD, building height, public benefits, parking and employee housing mitigation. The applicant has submitted subsequent requests to table the hearing to the Council's regularly scheduled meeting dates of April 1, May . 20, and July 1, 2008, to properly respond to the Council's previously stated concems and to work with Staff to fully analyze previous amending ordinances for SDD No. 4 prior to returning to the Town Council for further consideration of the development plans and first reading of Ordinance No. 5, Series of 2008. 4.1 Bill Gibson ITEM/TOPIC: Ordinance No. 12, Series of 2008, an ordinance amending Chapter 12-16; Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. (PEC080103). (30 min.) ACTION REQUESTED OF COUNCiL: Approved, approve with modifications, or deny Ordinance No. 12, Series of 2008, on first reading. BACKGROUND RATIONALE: On June 23, 2008, the Planning, and Environmental Cammission voted 6-0-0 to forward a recommendation of approval for the prescribed text amendments of Ordinance No. 12, Series of 2008. The purpose of the proposed amendments is to streamline the Town development review process, while achieving the same development outcomes. STAff RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 12, Series of 2008, on first reading. 5. ITEMITOPIC: Information Update. (10 min.) ?Council input. Re: "Leadership Park City" pro forma and next . steps. ? Budget Timetable. , 6. ITEM/TOPIC: Matters from Mayor & Council. (10 min.) 7. 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 strategy and instruct negotiators, Re: Deed Restricted Employee Housing Units. (20 min.) 8. ITEM/TOPIC: Adjournment. (4:05 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, JULY 15, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. Y PLANNING AND ENVIRONMENTAL COMMISSION June 23, 2008 12:00 Noon TOWN COUNCIL CHAMBERS I PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Michael Kurz (departed at 3:30) Sarah Paladino Rollie Kjsebo Bill Pierce Scot Proper Susie Tjossem ' David Viele 60 Minutes 12:00 pm (Lunch Provided) Transit Oriented Development Presentation -'Michael Yerman Parking Task Force - Greg Hall There was a great deal of discussion about the impact of construction laborers parking in the parking structures. There was no official recommendation, but it was agreed that a proactive approach was needed. It was generally agreed that construction labors should not be the only ones to bear the burden of mitigating the issues. It was suggested that numbers and dollars need to be gathered to quantify the decreases in sales tax and when they are occurring and is the macro economic condition in the U.S. affecting Vail. The Commission asked that the Parking Task Force return with their recommendations prior to going to Council. Greg Hall thought he would be back in August. 45 minutes A request for a final recommendation to the Vail Town Council of a proposed update and review of the Vail Village Master Plan, pursuant to Section VIII-C, Adoption, Extensions, and Amendments, Vail Village Master Plan, to affirm the applicability and purpose of the Master Plan, located within the boundaries of the adopted Master Plan/(a complete legal description is available for inspection at the Town of Vail Community Development Department upon request), and setting forth details in regard thereto. (PEC080020) ' Applicant: Town of Vail Planner: George Ruther ACTION: Tabled to July 14, 2008 MOTION: Kjesbo SECOND: Proper VOTE: 5-0-0 George Ruther presented an overview of the application and the Staff memorandum. Commissioner Viele stated that he felt Policy 1.2.2 was a negative incentive to redevelopment. He further added that he felt that property owners should be consulted prior to beginning this process. George Ruther stated that Policy 1.2.2 could be written not to have a negative impact or tone. He further added that he intends to meet with property owners prior to requesting a final recommendation on this proposal. There was subsequent discussion about this policy and the involvement of the property owners. Steve Hawkins, representing the Mountain ; Haus stated that the owners he represented supported the amendments as written. I ~ i ~ Page 1 ~ i Jim Lamont, Vail Homeowners Association, suggested that there shouid be an oniine process for participating in this process, not just face to face meetings. He conveyed an underlying concern of his constituents was that if it was the Town's desire to use the public right-of-way to gain - control over development that would looked upon as inappropriate. He suggested that language be added stating that the public right-of-way would not be withheld that may resolve the concerns. Commissioner Kurz departed at 3:30. The Commission and public subsequently reviewed each Goal statement and the associated Policies and Action Steps. 20 Minutes 2. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulation amendments to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. (PEC080103) Applicant: Town of Vail Planner: Bill Gibson ACTION: Recommendation of approval MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0 Item Number 2 was heard prior to Item Number 1 on the"agenda. ' Bill Gibson presented an overview of the application and the Staff memorandum. There was no public comment. The Commissioners commended Staff for the proposed amendments. 2 Minutes 3. A request for a final recommendation to the Vail Town Council, pursuant to 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting, Vail Town Code, to allow for amendments to the outdoor lighting standards, and setting forth details in regard thereto. (PEC080032) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to July 14, 2008 MOTION: Kjesbo SECOND: Tjossem VOTE: 5-0-0 4. Approval of June 9, 2008 minutes MOTION: Tjossem SECOND: Kjesbo VOTE: 5-0-0 5. Information Update , 30 Minutes Environmental Strategic Plan - Bill Carlson Bill Carlson gave a power point presentation on the current status of the Environmental Strategic Plan draft. The Commission provided feedback on several of the goals, objectives, and policies. 6. Adjournment MOTION: Kjesbo " SECOND: Proper VOTE: 5-0-0 Page 2 t;. 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 June 20, 2008, in the Vail Daily. ' , Page 3 DESIGN REVIEW BOARD AGENDA IC MEETING PUBL June 18, 2008 00) ~~OF VCouncil Chambers 75 S. Frontage Road - Vail, Colorado, 81657 PROJECT ORIENTATION 1:30pm MEMBERS PRESENT MEMBERS ABSENT Tom DuBois Mike Dantas Pete Dunning - Brian Gillette Elizabeth Plante (departed after item 3) SITE VISITS 2:00pm 1. Potato Patch Clubhouse, 950 Red Sandstone Road 2. Wilson Residence, 792 B Potato Patch Drive 3. Dauphinais-Moseley, 1418 Moraine Drive 4. Meadow Drive Streetscape PUBLIC HEARING - TOWN COUNCIL CHAMBERS 3:00pm 1. Wilson Residence DRB080196 / 10 Minutes Michael/VVarren Final approval of a minor exterior alteration (re-roofl 792 Potato Patch Drive/Lot 11, Block 1, Vail Potato Patch Applicant; Kenneth Wilson represented by G& G Roofing Inc ACTION: Approved MOTION: DuBois SECOND: Gillette VOTE: 4-0-0 2. Potato Patch Clubhouse DR6080189 / 20 Minutes Bill Conceptual review for an addition (office) 950 Red Sandstone Road/Lot 7, Vail Potato Patch Applicant: Booth Creek Management Company ACT10N: Conceptual, no vote 3. Dauphinais-Moseley Construction DRB080208 / 10 Minutes Nicole Conceptual review of a retaining wall and fence plan 1418 Moraine Drive/Lots 4, 5, 8, 9, 10 Applicant: Marpa Design Studio . ACTION: Conceptual, no vote 4. Town of Vail DRB080030 / 10 minutes Nicole Final review of a minor alteration (streetscape) ° West Meadow Drive right-of-way from Vail Road to the Medical Center Applicant: Town of Vail, represented by Chad Salli ACTION: Approved with condition(s) MOTION: DuBois SECOND: Gillette VOTE: 3-0-0 (Plante absent) CONDITION(S): Page 1 ; , 1) The applicant shall keep a landscaped island in the cul-de-sac at the western end of Meadow Drive where a landscaped island currently exist today. 2) The applicant shall replace the evergreen trees to be removed on a-foot for foot basis along the extent of the streetscape. STAFF APPROVALS Gurrentz Residence DR6080113 Bill Final review for an addition (living room) 1465A Greenhill Road/Lot 9, Glen Lyon Subdivision Applicant: Kenneth and Hedy Gurrentz, represented by Habitat Design Group Cordillera Production Co., LLC DRB080160 Nicole Construction sign 1388 Vail Valley Drive/Lot 20, Block 3, Vail Valley Filing 1 . Applicant: Cordillera Production Co. LLC, represented by Nedbo Construction Cordillera Production Co., LLC DRB080161 Nicole Minor exterior alteration (windows/roofl 1388 Vail Valley Drive/Lot 20, Block 3, Vail Valley Filing 1 Applicant: Cordillera Production Co. LLC, represented by Nedbo Construction Gordon Residence DRB080175 Rachel Final review for minor exterior alteration (landscaping) 4997 Juniper Lane/Lot 1, Block 4, Bighorn 5th Addition - Applicant: Morning Star Real Estate Reiss Residence DRB080178 Michael/Rachel Final review for minor exterior alteration (landscaping) 1784 Matterhorn Circle/Lot 3, Vail Village West Filing 2 Applicant: Helmut Reiss Trust Woodings Residence DR6080126 Bill Final review for an addition (entries) 1694 Matterhorn Circle/Lot 12, Matterhorn Village Applicant: Ted Woodings, represented by John G Martin, Architect LLC Innsbcuck Condominium Association DRB080179 Nicole Final review for.re-model (paint and windows) 2783 Kinnikinnick Road/Lot 3 Block 4 Vail Intermountain , Applicant: Stephen Collins Lux Residence DRB080171 Michael/Bill ' Final approval of changes to the approved plans (driveway) . 39886 Lupine Drive/Lot 2, Block 2, Bighorn Addition 1 Applicant: Terri Lux Browning Residence DRB080172 Bill Final review of an addition (loft) 984 West Lionshead Circle Unit 420/Lot 8, Block 1, Vail Lionshead Filing 3 Applicant: Vail Partners represented by SRE Builders Page 2 Bell Tower DR6080176 Scot Final approval of changes to. approved plans (windows, fascia) 201 Gore Creek Drive/Block 5B Applicant: Bell Tower Partners represented by VAg Inc Architects Vail Mountain Lodge DRB080177 Nicole Final review for a minor exterior alteration (landscaping) 352 East Meadow Drive/Block 5 Vail Village Filing 1 Applicant: John Cahill Douglas Residence DR6080180 Rachel Final review of minor exterior alteration (chimney) 2801 Basingdale Boulevard/Lot 6, Bock 8, Vail Intermountain Applicant: Louise Douglas represented by Rod Hall Company The Englishman DRB080181 Bill Final approval for a sign 193 Gore Creek Drive, Suite B/Gore Creek Plaza Applicant: Tom McCarthy O'Brien Residence DRB080183 Scot Changes to approved plans (remove stucco, paint only) 1845 Gore Creek Drive/Lot 21, Vail Village West Filing 2 Applicant: James O'Brien Pitkin Residence DR6080184 Bill Final review for a minor exterior alteration (patio & hot tub) 95 Forest Road/Lot 32, Block 7, Vail Village Filing 1 . Applicant: Maximum Comfort Pool & Spa The Willows Condominiums DRB080186 - George Final review of changes to approved plans (windows, fireplace) 74 Willow Road/Lot 8, Willows Subdivision Applicant: Willows Condominium Assoc represented by Triumph Development . Holiday House DR6080197 Bill Final approval of a change to approved plans (landscaping) 9 Vail Road/Lot 913, Holiday House Applicant: Nedbo Construction Smith Residence DRB080198 Bill Final approval for a sign (construction) 333 Beaver Dam Road/ Lot 41, Block 7, Vail Village Filing 1 Applicant: Paul G Smith Revocable Trust, represented by Dolan Construction Saks Residence DRB080199 ~ Bill Final review for a minor alteration (windows) 5020 Main Gore Place, Unit H-1, Unplatted Applicant: Nina Saks, represented by Michael; Beaty . Page 3 \ • Vail Village Inn DRB080203 Rachel Final review for a minor exterior alteration (stucco repair) • 100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1 Applicant: Synthetic Sidings Meadowlark DR6080205 • Rachel Final review for a minor alteration (windows) _ 4852 Meadow Lane/Lot 11, Block 7, Bighorn 5th Applicant: Meadowlark Development represented by John Martin Meadowlark DR6080206 Rachel . Final review for a minor alteration (windows) 4856 Meadow Lane/Lot 12, Block 7, Bighorn 5th Applicant: Meadowlark Development represented by John Martin Hobbit Hill DR6080200 Bill Final review of changes to approved plans (lighting, flashing) 1546 Matterhorn Circle/Hobbit Hill (Unplatted) Applicant: Studio Spinnato, Inc Timber Ridge DRB080202 Warren Final review of a minor exterior alteration (re-paint) 1280 North Frontage Road West/Lot C-1, Lion's Ridge Filing 1 Applicant: Apartment Exteriors Inc Pitkin Creek Park DRB080192 Michael/Warren Final approval of a minor alteration (re-rooo ' 3941 & 4011 Bighorn Road (Buildings 4& 6)/SDD #3, Pitkin Creek Park Applicant: Pitkin Creek Park Homeowner's Association represented by B& M Roofing Inc Leeds Residence DR6080187 Bill Final review of changes to approved plans (lighting) 965 Fairway Lane/Lot 2, Vail Village Filing 10 . Applicant: Bob and Ursula Leeds represented by Berglund Architects 44 Willow Place DRB080201 Michael/Warren Final review for a minor alteration (repaint) - 44 Willow Place/Lot 9, Block 6, Vail ViNage Filing 1 , Applicant: Steven Kirschner Hill Residence DRB080193 Nicole Final approval of a minor exterior alteration (entry canopy) 2605 Bald Mountain Road/Lot 12, Block 2, Vail Village Filing 13 . Applicant: James Hill represented by WM Associates (Bill Hein)' Williams Residence DRB080210 Warren ~ Final approval of a minor exterior alteration (landscaping) 2925 Booth Creek Drive/Lot 2, Block 6, Vail Village Filing 11 Applicant: Kit Wi(liams Page 4 . , , . Wilderness Wonders Gallery DR6080188 Michaei/Warren Final review of a sign 170 E Gore Creek Drive/Lot A, Lodge Apt Condo Subdivision Applicant: Tony Newlin (tenant) Dayton Residence DR6080211 Nicole Final review for a change to approved plans (lighting) 344 Beaver Dam Road/ Lot 10, Block 2, Vail Village Filing 3 Applicant: John and Arlene Dayton represented by K.H. Webb Architects Kurtz Residence DR6080194 Michael/Warren Final approval of a minor exterior alteration (A/C condenser) 44 Willow Road, Unit 2/1-ot 9, block 6, Vail Village Filing 1 Applicant: Eagle Eye Home Management 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 t MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: July 1, 2008 SUBJECT: Update to the Vail Town Council on the current status of the Ever Vail applications, their review, and the process moving forward. 1. PURPOSE The redevelopment of the area known as Ever Vail is an intricate project with many applications and steps within the development review process. Staff and the Vail Resorts Development Company have scheduled a work session with the Vail Town Council in an effort to communicate the current status of the review process for Ever Vail, located at 862, 923, 934, 953, and 1031 South Frontage Road West. A presentation to the Vail Town Council will include the review steps that are completed and the anticipated future steps in the review of the Ever Vail redevelopment. The applicant will also provide a power point presentation on where they are with regard to design for Ever Vail. - II. BACKGROUND The sequence of applications and meetings to create a new base village to known as Ever Vail began with the amendments to the Lionshead Redevelopment Master Plan to include several new parcels and revise the recommendations for West Lionshead (Ever Vail). On December 11, 2006, the Planning and Environmental Commission forwarded a recommendation of approval of the proposed amendments by a vote of 4-1-0 (Jewitt opposed). The initial concepts include the addition of a skier gondola in the location of the old gas station site and the development of mixed use areas, including housing, retail, and office spaces, to create a new portal to the mountain with all the typical skier services. Another aspect of the initial concepts includes the possible relocation of the South Frontage Road. ~ On February 6, 2007, the Town Council adopted Resolution 4, Series of 2007, containing the proposed Lionshead Master Plan amendments to include several properties comprising Ever Vail and recommendations for those properties. Resolution 4, Series of 2007, was adopted by a vote of 5-1-0 (Foley opposed). On August 7, 2007, the Town Council held a work session to discuss the Ever Vail entitlement process. At this meeting a flow chart depicting the various applications and the order in which they need to be completed was presented and discussed. This is the last time a formal presentation was provided to the Council regarding the Ever Vail . project. 1 i The first application to begin the entitlement process for Ever Vail was a request for a major subdivision to combine and reconfigure the lots comprising Ever Vail. The first step in this application was a review of a preliminary plan which will lay the ground work for the submittal of a final plat at a later date. Review of the preliminary plan occurred prior to receiving a memorandum of understanding with CDOT regarding the potential Frontage Road realignment. A review of the final plat wi11 occur subsequent of this understanding with CDOT as there should be little to no change required on any approvals granted for the final plat. The final plat, if approved, will not be recorded until such time as the Frontage Road is relocated and the transfer of right-of-way is completed upon acceptance of the new Frontage Road by CDOT. On September 24, 2007, the Planning and Environmental Commission approved the Preliminary Plan for the platting of Ever Vail by a unanimous vote. A request for a rezoning of the lots created by the Ever Vail final plat occurred in conjunction with the request for review of the preliminary plan. The Commission made a recommendation on the rezoning request; however, as the final plat cannot be recorded until such time as the Frontage Road right-of-way exchange with CDOT there cannot be the adoption of an ordinance by Council to effect the rezoning on the lots until the final plat is recorded, thus creating the lots. _ On October 22, 2007, the Planning and Environmental Commission voted 5-1-0 (Cleveland opposed) to forward a recommendation of approval for the rezoning of the properties known as Cascade Crossing, the Vail Professional Building, and portion of the South Frontage Road right-of-way that would become a part of developable lots once the Fronfiage Road were relocated to parallel the interstate. - 111. NEXT STEPS At this point in time the next steps are that the Town Council can review the recommendation from the Planning and Environmental Commission regarding the rezoning of several parcels comprising the Ever Vail site. I a rezoning were approved there would need to be conditions placed upon the approval as the rezoning could not take affect until the Frontage Road were realigned, thus allowing for a final plat to be approved and recorded creating the lots which are to be rezoned. Presently there are applications in the Community Development Department for the review of conditional use permits for a public/private parking structure and new gondola. These applications have been on hold for some time as the preliminary plan and rezoning request were heard by the Planning and Environmental Commission. These will be the first structures to be reviewed within Ever Vail and will include the facility to house the mountain operations equipment currently located on the Maintenance Yard and Holy Cross sites. Subsequent to the applications for the parking structure(s) and ski lift, major exterior alteration applications will be submitted for the mixed-use structures that will comprise - the remainder, of the Ever Vail. A flow chart has been attached which depicts the applications and order in which they will occur to entitle the Ever Vail project . IV. ACTION REQUESTED OF COUNCIL There is no action requested of Council at this time 2 . rocess / / CUU I Approva ' L ony'~ead ' Submit Fcrmal for P-,ealignmcnt ' ~'.eae-,!eorCGGT /f plscation fer K--zIinment Arren~r...~en* 9 Demo Permit to A~~prn.;:sl he an Kpadvea ~ Appi oval or \ I Preliminary ` 5Lhdoviyion Plan ~ Rc5cy1't5 F3r_jin6; F#f, Prelimmary ; . . 5ubdv5ion P~ar7 ~ App^oval of ~ Kezonin9 ~ ~,uhrrrf. / / Prelimina^y ApFralN ajc~r -xber•ur\ Arp~,ca:ion5 to ti1 l AItera:ion for ~ , . . Lhe "cv,,Il A4tn Oppe irlajor txter-lor BWddinP~ :.em" e. 'nojec.Kezoning ~ ~ ~..f II Alterat}on , ~ I - I ,i uhrnit Aciditional f 11-~ Aprkcationa ~ Zoninc, 7ext Amerdmertb _ ~ . . , . 1 Ca iditonal Uge i Permr. Lft and 'zrkira eUP'r, 4 . J c ~ MEMORANDUM TO: Town Council FROM: Community Development Department DATE: July 1, 2008 SUBJECT: A request for first reading of Ordinance No. 5, Series of 2008, repealing and reenacting Ordinance No. 10, Series of 2008, amending and re- establishing the approved development plan for Area A of SDD No. 4, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of a mixed use development, located at 1276 Westhaven Drive; and setting forth details in regard thereto. (PEC070055) Applicant: L-O Westaven, Inc., represented by Pylman and Associates, Inc. Planner: Scot Hunn 1. DESCRIPTION OF THE REQUEST This SDD major amendment ordinance request includes major amendments to the Special Development District, as wefl as changes to the approved development plan for Area A, Cascade Village, specifically to allow for the construction of a mixed use building on the Cornerstone Site, located at 1276 Westhaven Drive. Since the Town Council's last work session, the applicant has revised the proposal in the following ways per the Town Council's direction: • Eliminated 3,092 sq. ft. of residential floor area; • Eliminated one fres market dwelling unit; • Lowered the building to.71 feet in height; • Included 53% of EHU mitigation on-site; and , • Clarified the proposed public benefits. A more detailed description of the applicant's changes to the proposal is provided in Section II of this memorandum. In addition, since the Town Council's last work session with the applicant, Staff and the applicant have discovered discrepancies within the approving ordinances for SDD No. 4. These discrepancies concern the accounting or "tracking" of existing and allowed Gross Residential Floor Area ("GRFA") and dwelling units for Area A, Cascade Village. Therefore, the applicant's request will include an amendment to increase the maximum allowable GRFA, and now includes a request to increase the allowable dwelling units for Area A. 1 . ~ II. BACKGROUND The Cornerstone Site is located within Area A, Cascade Village. It is the last developable, vacant parcel within Area A. The site has had two site specific development plans approved, one in 1989 and one in 1993. Both previously approved plans coincided with an approved development plan for the adjacent Liftside (WaterFord) building, and both approvals contemplated coordinated development of both sites. Although the Liftside building was eventually constructed, development of the Cornerstone site never materialized due to market conditions and the approved development plan has since expired. On January 28, 2008, 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 Subdivision to allow for the development of the Cornerstone Site. Specifically, the applicant had proposed to ; amend certain development standards applicable to Area A, Cascade Village, to ' facilitate the development of 23 free market condomin+um units, four employee housing units, a new ticket office for lift ticket sales operations by Vail Resorts, Inc., and underground parking. Also associated with the plans were certain improvements to Westhaven Drive, including new skier drop off and bus turn- around areas, sidewalks and associated landscaping. Upon review of the amendment request and a site specific development plan, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval, with conditions, of the request to amend Special Development Districf No. 4, Vail Cascade, to the Vail Town Council. On February 19, 2008, the Vail Town Council voted unanimously to.table the first reading of Ordinance No. 5, Series 2008, an ordinance approving a major amendment to SDD No. 4, to their regular meeting of March 18, 2008, citing concerns with the proposed amendments to the Special Development District, as well as with the proposed development plan and proposed public benefits for the Cornerstone site. Specifically, the Town Council articulated several issues with the proposed development plan: • Deviations for building height (from 71 feet to 91 feet); • Deviations for GRFA (from 289,145 sq. ft. to 291,639 sq. ft./2,494 sq. ft. increase); • Deviations for on-site parking (from 93 spaces to 56 spaces); and • Public benefits (Improvements to Westhaven Dr., bus stop and skier drop-of). . On March 18, 2008, the Vail Town Council voted unanimously to table the first reading of Ordinance No. 5, Series of 2008, to their regular meeting of April 15, 2008, at the request of the applicant, in order to allow the applicant sufficient time to adequately address the Town Council's concerns. On April 15, 2008, following a work session with the applicant, the Vail Town Council voted unanimously to table the first reading of Ordinance No. 5, Series 2008, to their regular meeting of May 20, 2008, citing continued concerns with the proposed development plan and proposed public benefits for the Cornerstone site. Specifically, the Town Council articulated several issues with the proposed development plan, and provided the following direction to the applicant: 2 r Yf • Revise the plans to reduce Gross Residential Floor Area (GRFA) of the building; • Revise the plans to lower the building height of the west wing of the proposed building, from 91 feet, to 71 feet, in keeping with previously approved maximum building heights within Area A; • Ensure that a minimum of 50% of the required employee housing mitigation is provided on-site; and • Study the level of proposed public benefits in relation to deviations requested from certain development standards. \ In response to the Town Council's concerns, the applicant has tabled the review of Ordinance No. 5, Series of 2008, several times and has studied options to revise the development plans to address issues related to the building (bulk, mass and height) and the amount of Gross Residential Floor Area (GRFA) being proposed. The applicant has addressed each of the above stated concerns and directives and will present new development plans indicating: • Revised floor plans which eliminate 3,092 sq. ft. of residential floor area; • Revised floor plans to eliminate one (1) free market unit, and to re-located EHUs to reduce overall build height and mass; • Raising the east wing of the building from 60 feet to 71 feet; • Provision of 53% of the required employee housing on-site; • Revising plans for Westhaven Drive, to include a heated bus turn-around, skier drop-off and new sidewalk connections. During the course of revising the plans to address the Town Council's concerns, Staff and the applicant have discovered discrepancies within existing ordinances approving amendments to SDD No. 4. In error is a table ("Chart 1: Area A Completed Projects") listing development statistics (GRFA, Commercial Floor Area, Number of Accommodation and Dwelling Units and Parking) for "completed Projects" within Area A of Special Development District No. 4. Staff and the applicant relied on this table and previously enacted ordinance language to calculate the amount of Gross Residential Floor Area (GRFA) and dwelling units available for the development of Cornerstone site. As a result, there is a discrepancy in the previously reported GRFA totals, as well as the number of dwelling unifs approved for Area A. Therefore any amendment to SDD No. 4 to allow for completion of any residential project on the Cornerstone site and the completion of a coordinated development plan for the Cascade Village will include a request to increase the number of allowable dwelling units and to si_qnificantly increase the allowable. _ GRFA within Area A. III. DISCUSSION ITEMS Item #1: Major Amendments to SDD No. 4 and Public Benefits c Town Council Concerns and Applicant Response During the public hearing on February 19, 2008, the Town Council expressed concern with the public benefits proposed with the Cornerstone development in 3 , IL relation to requested deviations to previously established development standards for building height, parking and GRFA. In response to these concerns, the applicant will be presenting revised plans demonstrating how the building has been lowered to 71 feet, effectively eliminating any deviation from previously approved height standards. In addition, the applicant has revised the plans to reduce the total (gross) square footage of the building by 3,092 square feet. Specifically, one free market dwelling unit has been eliminated and other spaces within the building have been reduced to address the Council's directive that the proposed residential floor area remained within the previously established maximum of 289,145 square feet. However, for reasons presented in greater detail below in this memorandum - reasons completely out of the control of the applicant - the applicant will be requesting deviations from previously established GRFA and dwelling unit allowances within Area A in order to complete the development of the Cornerstone site: _ Lastly, the applicant is proposing to construct four (4) Employee Housing Units (EHUs) on-site. Although Staff believes the newly adopted housing regulations requiring that'/z the required employee housing mitigation on-site do not apply to the Cornerstone project - because the application was "in process" prior to adoption of Ordinance No. 1, Series of 2008 - the applicant is proposing to effectively provide at least 50% of the required employee housing mitigation on- site. Deviations The remaining "deviations" or amendments requested include an increase in ailowable GRFA, allowable number of dwelling units and a proposal to reduce parking requirements on-site due to the elimination of essentially all commercial uses on the Cornerstone Sife. The applicant will be presenting a summary of proposed public benefits and their estimated value. Staff recommends the Town Council review the total amount of deviations requested with consideration given to GRFA and dwelling unit accounting discrepancies detailed below in this memorandum. Also, Staff believes the requested deviations should be reviewed in context to recent approvals of other residential developments within Area A(conversions from commercial to residential uses) which "used" GRFA that was originally contemplated to be utilized for development of the Cornerstone Site. ' Staff believes the current development plans for the Cornerstone Site are quite simi{ar to the site coverage (building footprint), bulk, mass and height approved via the 1993 development plan for the site. For use in analyzing the appropriateness of the current proposal, the applicant has provided reduced copies of plan sheets comparing the 1993 approval to the current proposal. As well, staff has completed the following analysis of the site, comparing current development plans to those approved in 1993: 4 , Development Standard 1993 Approval Current Plans Building Height: 71 feet 71 feet GRFA: 28,110sq. ft. 48,407 sq. ft. Commercial: 11,100 sq. ft. 623 sq. ft. Density: DU's 32'` 22 AU's. 0 0 EHU's 3 4 Parking: 93** 56 Note: * The development plan approved for the Cornerstone Site in 1993 included 64 Transient Dwelling Units (TDUs); pursuant to the terms defined within Special Development District No. 4, Transient Dwelling Units are to be counted as'/2 of a dwelling unit. The development plan approved for the Cornerstone Site in 1993 included 56 spaces for residential uses and an additional 37 spaces for use by the public for 11,100 sq. ft. of • commercial uses approved on-site; the current proposal meets the requirements for on- site parking for residential and commercial uses. Public Benefits: Skier Drop-Off/Snow Storaqe/Bus Turn-Around The applicant and the Town of Vail Engineering and Public Works Staff have met several times to review these issues and discuss potential solutions. The applicant then developed a plan for the Westhaven Drive area that incorporated all of the Town Staff suggestions. Staff believes the plans presented adequately address the snow storage and skier drop off concerns previously identified. The plans (Attachment B) provides a snowmelt system for a large portion of the cul- de-sac area, creates additional functional snow storage/landscape areas that are designed to be fully accessible by snow removal equipment, delineate bus lanes and skier drop-off areas and present a much improved design and landscape improvement to this area. The plan also includes the Westhaven Drive left turn lane and a sidewalk along the west side of Westhaven Drive to the Frontage Road intersection as requested by fhe Town Staff. This plan was designed in conjunction with Town staff and has the support of the Public Works Department. Additional public benefits above and beyond the Westhaven Drive improvements include: • A commitment for an expenditure of $50,000 towards public art. This public art commitment will meet the Town of Vail standards adopted for Art in Public Places; and 0 Significant improvements to the public skier experience inclusive of a skier dedicated elevator that creates full accessibility to this chairlift, a covered skier access staircase, new lift ticket windows and offices, new public bathrooms and a snow melted plaza with a firepit area. This plaza area is the most likely location for the public art component mentioned above; and 5 • A fully functional loading zone that will be shared with neighboring properties, potentially eliminating the on street loading.that often occurs at the conference center location. Staff believes the applicant has presented revised plans which specifically address the Town Council's stated concerns and are substantially similar to those approved in 1993 - in terms of building footprint, bulk, mass and building height. The analysis provided above highlights the differences between the 1993 approval and the current proposal, specifically changes to proposed commercial floor area, residential floor area and the corresponding changes to the on-site parking requirement. Despite the discrepancies discovered in reporting or "tracking" GRFA and allowable dwelling units within Area A which were created at no fault of the applicant, Staff believes the current proposal and associated public benefits are appropriate for the site, the surrounding area and adjacent properties, and will bring a proportionate level of public benefit for the surrounding neighborhood in. relation to overal9 deviations requested. ' Item #2: History of SDD No. 4 and Chart 1 Reporting Discrepancies During the course of revising the plans to address the Town Council's concerns, Staff and the applicant have discovered discrepancies within existing ordinances approving amendments to SDD No. 4. In error is a table ("Chart 1: Area A Completed Projects") listing development statistics (GRFA, Commercial Floor Area, Number of Accommodation and Dwelling Units and Parking) for "completed Projects" within Area A of Special Development District No. 4. 'Therefore, Staff has provided a brief history of the. SDD, Area A and certain amendments that have changed uses, densities and other development standards over time within the District. . SDD No. 4 HistorY Special Development District No. 4 was established.via Ordinance No. 5, Series of 1976. Pcior to the establishment of the District, the property was zoned "PUD" within Eagle County. Therefore, no underlying (traditional) zoning existed for the property. The purpose of Special Development District No. 4, Cascade Village, as stated in the enacting ordinance (Ordinance No. 5, 1976) is as folfows: "Special Development District 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the genera/ character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Zoning Ordinance; Special Development District 4 is created to ensure that the development density will be relafively low and suitable for the area and vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning Commission, and there are significant aspects of the special ' development which cannot be satisfied through the imposition of standard , zoning districts on the area.." 6 Further, Ordinance No. 5, Series of 1976, states the following regarding build-out of the development: "Before the owner commences site preparation, building construction or other improvements within SDD 4, there shall be an Approved Development Plan for SDD 4. Development of SDD 4 may be phased by Development Area and within Development Area but a sufficient amount of informafion shall be supplied with respect to all Development Areas in order to allow the P/anning Commission and Town Council to ensure the compatibility of any proposed Development Plan with the remainder of SDD 4." Four development areas (A, B, C and D) were originally established within the District, and each area allowed for certain "Permitted" and "Conditional" uses, similar to conventional zoning. Today, five development areas exist. Area A Historv Area A was originaf(y established under single ownership, and included 16.82 acres. Today, Area A includes 17.955 acres. According to Ordinance No. 5, 1976, no GRFA limits were originally established within Area A, however the area was limited to 252 total dwelling units. Staff's understanding of the developer's intent for Area A was to comprehensively develop multiple parcels in phases, to create a"third village" or urban development node, consisting of a mix of commercial, institutional/educational, residential and recreational uses. Following the establishment of the SDD, the original developer declared bankruptcy and subsequently sold off development parcels within Area A, thus complicating the coordinated and phased build-out of this portion of the District. Since being established in 1976, SDD No. 4 has been amended no less than 22 times, with 12 amendments directly affecting Area A. The amount of Gross Residential Floor Area (GRFA), total number of dwelling units, commercial floor area and uses within Area A have been amended over time to reflect changes in ownership of different development parcels within the development district, as well as changes in market forces. Those market forces have directly affected the demand for commercial uses within the District, therefore influencing the amount of residential floor area proposed, approved and ultimately developed within Area A. The following summary of major amendments approved for Area A further demonstrate the evolution of the SDD and the corresponding difficulty in tracking amendments to specific development standards over a 32 year period: Table A: Ma'or Amendments to Area A, Cascade Villa e ~ ~ :5. ~ s • ~ ~ ~ 20 1984 . Increased the size (acreage) of Area A and SDD No. 4; • Increased the allowable number of dwelling units in Area A' from 252 to 287 (minimum of 308 accommodation units and a maximum of 134 dwelling units); e Set GRFA in Area A at 291,121 sq. ft.; • Added 37,000 sq. ft. of commercia/ uses in Area A; • Increased Area A hei ht limit from 45 feet to 48 feet for 7 Cornerstone Site and 71 feet for the hotel, Cascade Club and CMC; • Set parking requirements and standards for Area A; and • Established contract agreement between developer and Town for an annua/ evaluation of employee housing miti ation. 40 1988. • Added a definitions section, including definitions for "Transient Residential Dwelling Unit"; _ • Clarified "permitted uses" for Area A, adding "transient residential dwelling unit and "employee dwelling" as permitted uses; • Added "Fractional Fee" ownership as a conditional use within Area A; • Decreased. the number of dwelling units in Area A from 287 to 283.5 (minimum of 338 accommodation/transient dwelling units and a maximum of 99 dwelling units); • /ncreased the approved GRFA in Area A to 292,245 sq. ft. based on deve/opment of Millrace IV Scenario 2; • /ncreased the amount of commercial f/oor area within Area A from 37,000 sq. ft. to 56,538 sq. ft.; , • Established the allowance for two development plans each for the Liftside (Waterford) and Cornerstone sites; • Set building height limits for Liftside (Waterford) Site at 48 feet and 71 feet for the Cornerstone Site. • Allocated parking for Cornerstone, Liftside (Watertord), Millrace IV and the Cascade Club. Wellness Center Addition within the Cascade parking structure (421 spaces) or proposed Liftside (Waterford) parking structure (122 spaces); • Established on-site emp/oyee housing mitigation within Areas A and D as a condition of approval of the ordinance, to be provided within the Westhaven Condominium building and Area D; and " • Clarified that employee housing units would not count toward allowable GRFA and dwelling units (density) for SDD No. 4. 41 1991 • Reduced the number of allowable dwelling units within Area A from 99. to 97; . • Reduced the.allowab/e GRFA within Area A to 288,695 sq. ft., (while still allowing for a maximum of 292,245 if Millrace IV Scenario 2 was completed); and • Clarified parking standards for Millrace IV Scenario 1. 1 1993 . Set forth amendments concerning the Liftside (Waterford) and Cornerstone sites; • Established the allowance for one development plan each for the Liftside (Watertord) and Cornerstone sites; • Decreased fhe number of dwelling units in Area A from 283.5 to 270 (minimum of 352 accommodation/transient dwelling units and a maximum of 94 dwelling units); , • Decreased the amount of commercia/ f/oor area within Area A from 56,538 sq. ft. to 35,698 sq. ft.; • Re-established the maximum building height for the Cornerstone Site at 71 feet • Increased allowable maximum height for the Liftside , 8 (Waterford) site at 65 feet, • Set forth a provision for site specific site coverage determination in Areas A and B; • Set minimum on-site parking requrrements for the Liffside (Waterford) site (58 spaces) and the Cornerstone site (93); • Set forth requirements for the provision of 2 employee housing units at the Liftside (Waterford) site and 3 emp/oyee housing units at the Cornerstone Site; and • Set forth_ additional conditions and restrictions for employee housing within Area A. 7 1993 ./ncreased the allowable GRFA within Area A from 288,695 sq. ft., to 289.145 sq. ft. 8 1995 . Set forth specific conditions of approval pertinent to development of the Westhaven ("Ruins") site. 1 1999 • Added "Transportation Businesses" and "Temporary Use of Tennis Facility" as conditional uses. 11 1999 . Established new development plan for the Westhaven site; and • Increased the on-site EHU requirement for Area A to 26 - with 21 units to be provided on the Westhaven Condominium site, 2 provided at the Liftside (Waterford) site and 3 provided at the Cornerstone site. 12 2005 , . Re-established development plan for the Westhaverr site; • Established new setback requirements for the Westhaven site; • Increased the Recreation Amenities Tax to .50 cents per square foot; and • Re/eased deve/opers of Area A(Westhaven site) from . providing employee housing on-site. 33 2005 . Established development plan approval for Cascade Residences in the former CMC building; and • NO other substantive changes shown in Ordinance (ie. no increase to GRFA or Dwelling Units to allow for Cascade Residences. . 31 2007 . Increased allowable dwelling units to accommodate increase at Cascade Residences from 11 DUs to 14 DUs; 10 2008 . Allowed for minor additions of commercial floor area within the Cascade Hotel Previously Approved Cornerstone Development Plans Staff believes the current proposal is in keeping with the original development objectives of the District. Specifically, the Cornerstone site has historically been contemplated for commercial and multi-family residential development within what was to be a phased development of Area A. ' 9 Amendments to SDD No. 4 have allowed for separate, phased development plans to be approved for various parceis within Area A. For example, although the Liftside (Waterford) site was originally contemplated to provide parking for the Cornerstone site, changes in parcel ownership, amendments to the SDD and changes in market conditions allowed for residential development at the Liftside site independent of Cornerstone. In 1993, a development plan and major ' amendment to the SDD, inclusive of both the Liftside and Cornerstone sites, was approved via Ordinance No. 1, Series of 1993. Development of the Liftside Condominiums was completed in 1994, however the Cornerstone site - which included approval for 11,100 square feet of commercial floor area as well as 64 "transient residential units" - was never developed for multiple reasons. Although this plan is now expired, the 1993 development plan for the Cornerstone site included: 0 41,010 total (gross) square feet of building area; 0 28,110 square feet of GRFA / 64 Transient Residential Units; o Three (3) employee housing units (EHUs)/1,800 square feet of GRFA; . 0 11,100 square feet of retail/commercial space; 0 56 on-site parking spaces for residential uses; 0 37 on-site "public" parking spaces for retail commercial uses; and 0 71 foot building height GRFA and Dwellinq Unit Reportinq Discrepancv During the course of revising the plans to address the Town Council's concerns, , Staff and the applicant have discovered discrepancies within existing ordinances to enact certain amendments to SDD No. 4. In error is "Chart 1: Area A Completed Projects", a table listing development statistics (GRFA, Commercial Floor Area, Number of Units and Parking) for "completed Projects" within Area A of Special Development District No. 4. Staff and the applicant relied on Chart 1 to calculate the amount of Gross Residential Floor Area (GRFA) avai{ab4e for the development of Cornerstone Site. As a result, the previously reported GRFA totals for Area A are in error. Although Staff believes this error first occurred in or about 1993, with the approval of the Liftside and Cornerstone Site development plan, Staff calculates that with recently approved and/or completed projects such as Cascade Residences (approved) and Westhaven Condominiums (completed), the GRFA within Area A exceeds the approved maximum of 289,145 square feet by approximately 18,961sq. ft. SDD No. 4 also specifies the total number of dwelling units approved for each development area. Currently, the SDD allows for up fo 101 dwelling units within Area A. There are 95 dwelling units completed, and 14 more approved for the Cascade Residences, for a total of 109 dwelling units approved. Therefore, the number of dwelling units currently approved within Area A exceeds the approved maximum of 101 by 8 units. Chart 1: Area A Completed Proiects . Chart 1 first appeared in the enacting ordinances for Special Development District No. 4 in 1984. The apparent purpose of this chart was to track land uses and development statistics associated with individual sites and individual projects in order to monitor build out of the District. The original chart listed "completed" and "proposed" projects. This format was used for approximately 10 years. In or about the mid 1990's, the chart was changed to just list completed projects. ' 10 More recently however, as discovered by Staff and the applicant, Chart 1 does not list, or account for, recent approvals granted for the Westhaven Condominiums (completed) and Cascade Residences (approved but not built). The Westhaven Condominiums project was approved via Ordinance No. 12, Series of 2005. This project was completed in 2007 and consists of ' 13 residential dwelling units totaling approximately 32,000 square feet. Cascade Residences, was approved via Ordinance No. 33, Series of 2005. This project consists of the conversion of approximatsly 29,319 square feet of existing commercial and institutional floor area associated with the Colorado Mountain College ("CMC") and Cascade Theater into.11 residential dwelling units. A subsequent amendment to the development plans for Cascade Residences to create 3 additional dweNing units (and no additional GRFA) was approved via Ordinance No. 31, Series of 2007. No revisions to Chart 1 were ever made during these approval processes to update or "track" the remaining the number of dwelling units or GRFA available for use within Area A. Completed Proiects Area A is currently approved for 289,145 square feet of GRFA. With the addition of approximately 32,000 square feet of GRFA within the Westhaven Condominiums project, Area A total GRFA for "completed projects" should have been reported within Chart 1 to be 277,172 square feet, leaving 11,973 square feet of floor area for subsequent projects to "use". Subsequently, an amendment to SDD No. 4 to allow for the construction of Cascade Residences was approved with approximately 31,058 square feet of GFRA in 2006. Again, Chart 1 was not updated to reflect the approved change to the total GRFA of "completed projects" within Area A. The following table summarizes the allocation and use of GRFA for all "completed" projects within Area A since 1976: Table B: GRFA Allocation within Area A, Cascade Villa e Millrace Condominiums 39 47,984. 47,984 Phases l, 11 and !V Cascade Hotel (formerly 148 55,457 103,441 Westin Hotel The Cascades (formerry 6 11,987. 115,428 Millrace Phase /ll Hotel Terrace wing 120 58,069 173,497 Hote/ Plaza Wing Phase I 20 7,205 180,702 CMC- "Cascade wing" g 15,870' 196,572 Liftside Condominiums 29 48,600 245,172 ' aterford Westhaven Condominiums 13 32,000 277,172 Cascade Residences 14* 30,934 308,106 former/ CMC Buildin Total Units: 131 288"`* TotaIGRFA 308,106 Allocated/Used: 308,106 Note: ' Cascade Residences was approved in 2005. The development plan was amended in 2007 to increase the number of dwelling units to 14. This project has not started 11 construction. Pursuant to SDD No. 4, Accommodation Units (AUs) are assessed at 1/2 the density of a dwelling unit; 288 total AU's counts as 144 units for purposes of density calculations within SDD No. 4. Impact of GRFA and Dwellinq Unit Reporting Discrepancies Staff and the, applicant relied on the accuracy of previously approved and recarded ordinances in examining the compliance of the Cornerstone development plan with the Special Development District, the established "zoning" for the property. These oversights are significant for two reasons. First, the tracking of development statistics within a special development district is critical to the approval and amendment process - to ensure that amendments are consistent with the original intent of the special development district. In the case of Area A, Staff believes recently approved amendments to SDD No. 4 to allow for residential developments such as Westhaven Condominiums and Cascade Residences within Area A, although apparently approved irrespective of allowable GRFA and dwelling units, have been approved and/or completed in a manner that generally comply with the original intent of the District. In addition, such oversights have placed additional burden on the applicant in this case, to justify plans for a building site that was previously contemplated and approved as a key component of the overall development plan for the Cascade Village. As a result of such discrepancies, the applicant is requesting the following major amendments to the SDD: 1) Increase the allowable GRFA within Area A from 289,145 sq. ft. to 356,860 sq, ft., a total increase of 67,715 sq. ft.; and - 2) Increase the allowable dwelling units within Area A from 101 to 131 dwelling units, a total increase of 30 dwellinq units. The increase in GRFA and dwelling units requested accounts for the 18,961 sq. ft., 8 dwellinq unit dericit resulting from previously approved anaendments for the Cascade Residences project. , GRFA Calculations Since 1976 when SDD No. 4 was established, -the Town's methodology for calculating Gross Residential Floor Area (GRFA) has changed several times. ln fact, the Town's GRFA regulations (limiting the amount of GRFA as a means to control bulk and mass of buildings) has become less stringent; or more lenient in terms of allowing owners of residential units to "capture" existing, un-used . volumes within a building's footprint by converting spaces and, in certain cases, completing one-time, minor additions adding no more than 250 square feet ("250 additions"). Numerous "250" additions and interior conversions have been approved and completed within the various residential projects of Area A. Staff points this out for use in examining both the intent of limiting GRFA within Area A over time and the result of completed projects relative to what is being proposed on the Cornerstone site today. 12 IV. CRITERIA FOR REVIEW The criteria outlined in Section VIII of the Staff's January 28, 2008, memorandum to the Planning and Environmental Gommission 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 the proposed development plan complies with each of the criteria listed within Section VIII of the Staff's January 28, 2008, memorandum (Attachment B), or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. Conformance with Purpose and Intent of Special Development District Staff believes the proposed amendments to Special Development District No. 4 to allow for the development of the Cornerstone site, as presented, meets the intent and stated purpose of Special Development District No. 4. Specifically, Staff believes the amendments proposed and site specific development plan conform to the following purposes of the District: 1) The development is harmonious :with the general character of the Town; 2) The development provides adequate open space and recreational amenities; 3) The development promotes the objectives of the Zoning Ordinance; 4) The development density will be relatively low and suitable for the area and vicinity in which it is situated; 5) The development is regarded as complementary to the Town by . the Town Council and the Planning Commission; and 6) There are significant aspects of the special development which cannot be satisfied through the imposition of standard zoning districts on the area. Conformance with Review Criteria and Findings In addition to the review of design criteria and recommendation of findings outlined in the Staff's memorandum to the Planning Commission dated January 28, ,2008, Staff presents the following analysis of design criteria related to the current proposal which includes substantive changes to the plans since the Planning and Environmental Commission's review on January 28, 2008. Chapter 9- Special and Miscellaneous Districts 12-9A-8: DES/GN CRITER/A: 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: 13 1. 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. Overall Compatibilitv The Applicant is proposing a major amendment to the special development district which Staff believes will have positive overall impacts on the appearance and functionality of the area. Specifically, the Cornerstone site is the last development site within Area A, and therefore presents opportunities to complete the overall development plan for Cascade Village and provide needed amenities to the larger community Design of the site and proposed buildings reinforces the connectivity of the Cornerstone site to the rest of the Cascade Village. As well, the design ~ generally, enhances the architecture, scale, bulk and visual character of the surrounding neighborhood by incorporating massing, building materials, roof forms and compositions that relate to the surrounding built environment. The applicant has worked with the Town of Vail Public Works , Department to revise the plans in a manner that clarify on-site and off-site improvements, including but not limited to: • Westhaven Drive turn lanes; • Adequate bus stop queuing areas; • Landscaped and irrigated medians; • Six foot wide sidewalk connections from the proposed skier portal to the South Frontage Road on both sides of Westhaven Drive . Bus turn around and bus stop_ meeting Town of Vail and ECO standards; • Skier drop-off; and • Adequate snow storage areas as approved by the Town of Vail Public Works Department. Bulk and Mass Staff believes the proposed improvements are compatible to the immediate environment. The applicant has revised the plans to reduce the building height per the direction of the Vail Town Council. As a result, the mass of both the west and east wings of the building are now more compatible with bulk and mass of adjacent structures and the surrounding area. The revised plans now resemble plans approved in 1993 - where the entire building was 71 feet in height. The proposal continues to present roof forms consistent with surrounding structures and Staff believes the proposed application of exterior materials is appropriate and complimentary to the area. Specifically, the introduction of substantial amounts of stone veneer at key locations (foundation level), the introduction of secondary roof structures, the revisions to the placement and size of certain balconies and window openings, and the continued use of stucco as a predominant "Cascade Village" material aid in "stepping down" the mass of the building from the pedestrian level. 14 Buildinq Heiqht , During the public hearing on February 19, 2008, the Town Council expressed concern with the proposed height of the Cornerstone Building relative to surrounding structures in Cascade Village. At the public hearing on April 15, 2008, the Town Council directed the applicant to lower the proposed building height to a maximum height of 71 feet. In response to this concern, the applicant revised the plans to reduce the building height to a maximum of 71 feet. Staff believes the revised building heights for both the west and east wings of the building are compatible and sensitive to the immediate environment. Character As stated above, Staff believes the proposed improvements will result in a positive, or beneficial, impact to the surrounding area. The manner in which the applicant proposes to integrate the building's mass, roof compositions and forms, fenestration and exterior building materials enhances or reinforces the Cascade Village architectural style and character. Other improvements to enhance the skier drop-off, skier passage way and pedestrian plaza areas will provide a much needed upgrade to the pedestrian experience of this portal to Vail Mountain. Staff believes the revised proposal, specifically the request to amend the SDD to include additional GRFA and dwelling units, facilitates infll residential development within Cascade Village, completes the development of Area A and is appropriate for the site and consistent with the original intent of the Special Development District. 2. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Staff believes the proposed uses, activities and density continue to provide a compatible, efficient and workable relationship with surrounding uses and activity. Specifically, the proposed uses are primarily residential (mulit- family and employee housing), with limited first floor commercial (skier services). Such 'uses by right' are similar to surrounding multi-family, lodge and commercial uses. The design of the project respects surrounding structures, uses and activities by providing generally compatible building massing, roof forms and composition, . architecture and by providing enhanced skier drop-off improvements and pedestrian plaza serving the overall neighborhood. As well, the project's design is respectful of surrounding uses and activities by not adversely impacting existing loading , and delivery (service) areas or shifting any parking burden onto the overall development. Chanqes in Commercial Use Commercial development within Area A, Cascade Village, and the completion of SDD No. 4 as a"third village" within the Town has never materialized to the extent envisioned by the original developers due, in part, to market conditions and perhaps the lack of residential density ("critical mass") developed in the District to support the amount of commercial development anticipated. As summarized in Table B(page 11 above) of this memorandum, Area A was approved for up to 56,538 square feet of 15 commercial floor area in the late 1980's and early 1990's. The Cornerstone site was approved for up to 11,100 square feet of commercial floor area as part of a 1993 development plan approval. Due to market conditions, commercial uses within Cascade Village have either never been developed, or are now being converted into residential uses and floor area. Therefore, the current plans for the Cornerstone site do not include commercial floor area, with the exception of a new 623 square foot ticket office for the sale of lift tickets. Staff believes this evolution of residential and commercial development within the District is critical to one's understanding of the relevance of recently approved conversions from commercial uses to residential uses within Area A, as well , as the market conditions which support additional residential development and additional GRFA within Area A. Transient Residential Dwellinq Units The previously approved development. plan for the Cornerstone Site anticipated roughly 28,110 square feet of GRFA, to be provided within 64 "Transient Residential° dwelling units. Transient Residential dwelling units, as defined by SDD No. 4, as follows: "Transient residential dwelling units or restricted dwelling unit sha/l be defined as a dwelling unit located in a multi-family dwelling that is managed as short term rental in which all such units are operated under a sing/e management providing the - occupants thereof customary hotel services and facilities. A short term rental sha/l 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 sha/l include a kitchen having a maximum of 35 square feet. The kitchen shall be designed sot that it may be loced and separated from the rest of the unit in a closef. A transient dwe311ing unit shall be accessible from common corridors, wa/ks, or balconies without passing through another accommodation unit, dwe/ling unit, or a transient residential dwelling unit. Shou/d such units be developed as condominiums, they sha/l be restricted as 'set forth in Section 13-7 Condominiums and Condominium • Conversions, Subdivision Regulations. The unit shafl not be used as a permanent residence. Fractional fee ownership sha/l not be allowed to be applied to transient dwe/ling 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 requrrement shall be 0.4 space per unit p/us 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. " Transient dwelling units, were proposed to provide a short term rental use, similar to lodging accommodations. Staff believes the intent of providing such units was to further the original goals for Cascade Village in providing short term lodging (rental) beds and, therefore, to bolster the commercial vitality of the Cascade Village as a mixed-use destination and to achieve several of the Town's.stated master plan goals concerning lodging, tourism and "live beds". Staff . further believes the current proposal for the 16 Cornerstone site meets the original intent to provide residential dwelling units on this site and that the potential exists for units within Cornerstone to be placed within a professionally managed vacation rental program, similar to those administered for multiple units in the Liftside Condominiums. Live Beds and Rental Proqrams Because the nature of the overall development plan for Area A has changed over time to respond to market conditions (ie. a reduction in the amount of commercial uses), Staff further believes the Cornerstone project should be viewed in context to current conditions and opportunities to create additional tive beds within Cascade Village and, therefore, to achieve the development goals of the Town. Specifically, Staff believes that a certain percentage of whole ownership units within the Cornerstone building - perhaps up to 40% based on trends apparent at the Liftside Condominiums and other multi-family developments in Area A- should be expected to be placed within a professionally managed rental program, based on information provided by Mr. Don MacLachlan, Vail Cascade Condominiums. This form of ownership and rental product is widely used throughout the resort region as a means to support continued real estate development and redevelopment, and, importantly, to provide "live beds" within resort areas. Development Densitv In 1976, upon establishment of SDD No. 4, the total dwelling units assigned or approved for Area A equaled 252 units. The intent of the development district is to: "...to ensure that the development density will be relatively low and suitab/e for the area and vicinity in which it is situated, the development is regarded as comp/ementary to the Town by the Town Council and the P/anning Commission..." In 1993, at a time when the Cornerstone site was approved for development of 64 Transient Dwelling Units (TDUs) and three Employee Housing Units (EHUs), the enacting ordinance required a minimum of 352 accommodation or transient dwelling units within Area A, with a maximum of 94 dwelling units. Today; the SDD calls for a minimum of three hundred fifty-finro (352) accommodation or transient dwelling units and a maximum of one hundred one (101) dwelling units for a total density of two hundred seventy (270) dwelling units within Area A. The average (approved) density within Special Development District No. 4 is approximately 4.3 units per acre. Within Area A, there are approximately 253 units approved within 17.955 acres with a corresponding density of 14.1 units per acre. With the proposed addition of the Cornerstone Building, the density within Area A witl increase 0.08%, for a total of 15.2 units per acre. 17 Current Conditions The Cascade Hotel, containing 288 lodging unifs, operated at approximately 61.9 % occupancy in 2006 as reported by the applicant. The hotel only sold out (defined as 98% occupancy) 29 out of 365 days during 2006. The Liftside Condominiums Site, originally slated for development of parking to serve the Cornerstone Site, was developed into.27 free market condominiums and 2 employee housing units in 1994. Staff estimates that approximately 37%, or 10 out of 27 units within Liftside Condominiums are currently within a professionally managed rental pool. Commercial uses within Area A have largely been eliminated with the exception of limited restaurant space and some office spaces. Commercial, institutional arid a majority of office space within the Cascade Residences project (the "CMC Building") are slated to be rep(aced by approved dwelling units (yet to be completed) to serve the free market. Previously contemplated employee housing uses within the Westhaven Site have been replaced with the development of -13 free market condominiums. ; Staff believes approval of the revised proposal, specifically the request to amend the SDD to include additiona! GRFA and dwelling units, will facilitate infill residential development within Cascade Village and will complete the development of Area A. The proposal is appropriate for the site and consistent with the original. intent of the Special Development District. Further, Staff believes the proposed uses,. activity and density provide a compatible, efficient and workable relationship with surrounding uses and activity. 3. Compliance with parking and loading requirements as outtined in Chapter 12-10 of the Vail Town Code. . Parkinq During the public hearing on February 19, 2008, the Town Council expressed concern with the proposed on-site parking. During their regular meeting of April 15, 2008, the Council discussed the matter further citing concern regarding the number of vehicles that currently park on the Frontage Road, despite the fact that paid parking exists within the Cascade Resort parking structure. Also, there was concern regarding the proposal to enhance the skier drop-off and portal to the Cascade Village chairlift and the potential to increase the number of skiers using this drop-off point, thus exasperating the current parking situation and traffic congestion. Staff believes the applicant has submitted a development plan that responds first to the needs of the residential development by Rroviding all ' required parking spaces on-site, as set forth in the parking requirements for SDD No. 4, and in accordance with Chapter 12-10, Vail Town Code. In addition, Staff believes the previous requirements for short term "public" parking on the Cornerstone Site re/ated directly to 11,100 square feet of commercial space approved with. the previous development plans for the Cornerstone site and are no Ionger applicable or appropriate. 18 ' .1 Because the current plans call for only 623 square feet of commercial space for lift ticket office uses, Staff believes that additional parking for public uses should no longer be required for the Cornerstone Site. Therefore, the applicant is requesting a deviation or amendment to SDD No. 4, to reduce the total number of spaces required on the Cornerstone Site from 93 to 56. Staff is of the understanding from speaking with the property manager of the Cascade Resort parking structure (a privately owned and operated structure), that on days when vehicles are parked on the Frontage Road (day skiers), there are typically numerous empty parking spaces available within the structure. After speaking with the management company representative; Staff speculates that those individuals choosing to park on the Frontage Road do so, either out of choice ("free parking") in close proximity to a bus stop, or that those same people are unaware that paid parking is available at the nearby structure. On June 2, 2007, the Town Council approved parking on the Frontage Road during temporary use of the tennis facility for conferences. Although the owner of the parking structure is under no obligation work with the Town to ensure that parking spaces are filled prior to sending visitors elsewhere to park, Staff has suggested to the management company that additional signage may be warranted near the intersection of Westhaven Drive and the Frontage Road in order to direct visitors (day skiers) to the parking structure. Such signage could become part of the proposed improvements to Westhaven Drive, as proposed by the applicant as a public benefit. Staff believes there may be opportunities to involve the private owner of this parking structure in the overall parking management plan for the Town, to further mitigate the impacts of parking on the Frontage Roads in the future. The provisions of SDD No. 4 state the following with specific reference to Area A and the Cornerstone Site: 1. "Off-street parking shall be provided in accordance with Chapter 12-10, except thaf 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace /V, Scenario l, where 66.6% and the Westhaven ' Condominiums, where 71 % of required parking shall be enc/osed in a building. . 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. " Staff believes that a majority of the spaces previously required were generated by the approved number of "Transient Residential Units" (TRs), free market units (GRFA) and retail/commercial square footage approved for the site. Specifically,.sixty, four (64) TRs were approved for the site with a 0.4 space to unit ratio, for a total of finrenty six (26) spaces required; 28,110 square feet of GRFA with a 0.1 space per 100 sq. ft. ratio 19 accounted for 28 additional spaces dedicated for the residential component. Additionally, 37 spaces were required at a ratio of 1 space per 300 sq. ft. of commercial space. The total requirement in •the 1993 development plan was 93 spaces. The current proposal contains no Transient Residential/accommodation units and 623 sq. ft. of commercial floor area. In addition, the twenty finro (22) free market residential dwelling units (not including EHUs) proposed will generate significantly less on-site parking demand than the 64 Transient Residential units previously approved for the site. Pursuant to Chapter 12-10 of the Vail Town Code, the current proposal requires 56 spaces. 56 spaces are proposed within two levels of structured parking. Therefore, Staff believes the proposal complies with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. 4. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Ptan. Emplovee Housing Provision Ordinance No. 33, Series of 2005, addresses employee housing in the following manner: "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." Further, that: "The deve/oper(s) of Area A shall build a minimum of 3 employee housing dwelling units within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each . employee unit in the - Comerstone Building shall have a minimum sguare footage of 600 ° ' square feet. " The Cornerstone site is subject to the Town' Employee Housing regulations, specifically Ordinances 7& 8, Series of 2007. These ordinances have enacted regulations for the provision of employee housing units through several possible mitigation methods for all projects in the Special Development District. Within these ordinances a nexus was established between commercial and residential development and the generation of employees was established. !n adopting these ordinances a , methodology was established to determine the impact of a commercial and residential development on the need for employee housing at a goal of providing 30% of the housing generated by a project. 20 Furthermore. there are provisions for meeting the remainder of the requirement for providing employee housing through several different options or combination of options. The options include: • Provision of on-site units; • Conveyance of property on-site; • Provision of off-site units; • Payment of fees-in-lieu; and • Conveyance of property off-site A proposed development or redevelopment may choose to propose any of the above options or combination of options. Within the ordinances, the Planning and Environmental Commission was given the authority to review an applicanYs proposal for mitigating the employee generation of a project and grant approval of the proposal. There are some specific instances were the Town Council must also accept the proposal for mitigating the employee requirement generated by a project. During the public hearing on March 18, 2008, the Town Council expressed concern with the proposed employee housing mitigation in context to the employee housing requirements established within SDD No. 4. . Although the applicant proposed to construct four (4) deed restricted employee housing units totaling approximately 3,972 square feet (993 square feet per two-bedroom unit) in combination with providing a payment- in-lieu amount of $306,739 to meet mitigation requirements of Chapters 23, Commercial Linkage, and 24, Inclusionary Zoning, Vail Town Code, the Town Council directed Staff to research the . employee housing requirements for SDD No. 4, Area A, to ensure that the developer is ' meeting any previous obligations to provide adequate housing on-site within Area A, Cascade Village. Based on Staff's research of all ordinances related to SDD No. 4, the following conclusions are pertinent to any further discussion by the Town Council with regard to EHU requirements for Cascade Village, Area A: • 5 EHUs are required, in total, for all of Area A; • 3 EHUs are required on the Cornerstone site; 0 2 EHUs have been provided at the Liftside site; • Up to 26 EHUs were required at one time at the Westhaven Condominiums (aka. The "Ruins") site and in 2005, the Vail Town Council voted to release the developer of the Westhaven Condominiums site from their obligations to provide the previously ' required units on-site. Instead, Ordinance No. 12, Series of 2005, contained a condition wherein the developer of the Westhaven Condominiums was required to provide the equivalent of 4,400 square feet of deed restricted employee housing, off-site. Files for Westhaven Condominiums contain written evidence that the - developer met the requirements of the Vail Town Code by deed restricting three (3) units within the Town. 21 Staff believes, based on the above referenced research, the developer's original proposal to provide on-site employee housing exceeds the previously required number of employee housing units on the Cornerstone site by voluntarily providing four (4) units rather than three (3). Further, Staff believes that previous actions by the Vail Town Council to amend (reduce) the required number of employee housing units to be provided at other development sites (Westhaven Condominiums, Ordinance No. 12, Series of 2005) within Area A were intended to release the developers of Area A from providing any future employee housing units within Area A. Further, this action by the Council in 2005 should not cause the developer of the Cornerstone site to provide mitigation above and beyond the impact caused by the development of the Cornerstone building. In other words, Staff is of the opinion a determination was made by a previous Town Council that the total number of employee housing units required within Area A should be reduced in response to redevelopment and changing conditions - specifically the development of the Westhaven Condominium site, and the redevelopment of CMC building into mostly cesidential uses. Although the SDD language still requires the developers of Area A to provide three employee housing units on the Cornerstone site, Staff believes this requirement was intended to be stricken from the . ordinance language in 2005. Staff believes this requirement within SDD No. 4 should longer apply as the developer is proposing to meet all required mitigation for the Cornerstone Building based on the requirements of Chapters 23 and 24, Vail Town.Code. Although the Comerstone project is not subject to the requirements of Ordinance 1, Series of 2008, Staff believes the developer's current proposal, inclusive of four (4) on-site EHUs, meets or exceeds the newly adopted regulation to provide at least 1/2 of the required mitigation on-site. The developer proposes to provide 53% of the required mitigation on- site. . . The required Inclusionary Zoning,mitigation for the building based on the requirements of Chapter 23 would total 4,841 square feet, as follows: Inclusionary Zoning Requirement: , 48,407 Net New sq. ft. (GRFA) x 10% = 4,841 sq. ft. . The total Commercial Linkage mitigation for the building would total 273 net new square feet. Based on this net increase in commercial floor area, the project will be required to mitigate the generation of 0.13 net new employees, as follows: , Commercial Linkage Requirement: 273 sq. ft. Net New Commercial x 20% = 54.6 sq. ft. 54.6 sq. ft. x 2.4 Employees per 1000 = 0.13 Employees 22 Proposed Mitiqation Methods The applicant proposes to meet the requirements in the following ways: Inclusionary Zoning Method #1 : Provide four (4) EHUs ~D_ 2,621 sq. ft. on-site 1 4,841 sq. ft. - 2,621 sq. ft. = 2,220 sq. ft. (remaining) Method #2: Provide pavment of fee-in-lieu for remainder of reauirement 2,220 sq. ft. x $301.65 = $669,663.00 Commercial Linkage Method #1: Provide pavment of fee-in-lieu for full requirement • 0.13 x $166,464 = $21 .44 Currently the Town has no plan for the funds that may be collected from the payment-in-lieu option for mitigating housing requirements. Funds collected from this option could be used to construct units or to purchase units and then resell them after placing a deed restriction upon the property and selling them for a more affordable price. Vail Land Use 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 goals, objectives and policies are relevant to the , review of this proposal: Vail Land Use P/an 1.0 General Growth/Development 1.1 Vail shou/d continue to grow in a controlled environment, maintaining a ba/ance between residential, commercia/ and recreational uses to serve both fhe visitor and the permanent tesident. 1.3 The quality of deve/opment should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 23 5.0 Residential 5.1 Additional residential growth should continue fo occur primarily in existing, platted areas and as appropriafe 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 emp/oyee housing needs should be . accommodated at varied sites throughout the community. Staff believes the proposed development furthers the above referenced goals, objectives and policies and, therefore, is in compliance with the Vail Comprehensive Plan. . 5. 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 Cornerstone development site is not located in any geologically sensitive areas or within the 100-year floodplain of Gore Creek or its tributaries. 6. 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. Site Plan Staff believes the proposed site design will have positive overall impacts on the appearance ~and funcfionality of the area. The site is a steep hillside resulting from development of Westhaven Drive (fill) and is vegetated with native grasses (re-seeded after construction of Westhaven Drive). There are no trees or other significant vegetation on the site and the site has been used for snow storage and construction staging historically. Therefore, the development of the Cornerstone Building poses no negative impact on "natural features". On the contrary, Staff-believes that development of this site will complete the overall development plan for Cascade Village and will provide much needed enhancements to sidewalks, pedestrian plazas, landscaping and the overall aesthetic quality of the area as a portal to Vail Mountain. ~ Buildinq Design Staff believes the proposed building is designed to increase or enhance functionality of the area while being responsive and sensitive to the aesthetic quality of the community. - 24 Therefore, Staff believes the overall aesthetic quality of the community would be enhanced by the proposed exterior changes and physical improvements proposed by the applicant will increase the functionality of the site. 7. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The applicant is proposing changes that will generally improve on-site parking and maneuverability and which will greatly enhance pedestrian circulation around and through the site. Specifically, the applicant has agreed to install off-site portions of sidewalk connections identified by the Town of Vail Public Works Department along Westhaven Drive and is providing new pedestrian plaza and skier passageway improvements on the Cornserstone site. In addition, the applicant proposes to participate in improvements to Westhaven Drive, including the provision of a bus turn around, skier drop-off and a potential left turn lane for exiting movements out of Cascade Village. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Staff believes that the landscape plan greatly enhances the aesthetic quality of the area by providing new pathways, plantings and ground covers where none exist today. By completing development in this area, the plaza connection, or pedestrian way from the hotel to the Cascade Village chairlift will now include new pathways and (heated) paver areas, a gas fire piUgathering place and significant new plantings of native trees and shrubs. These plantings will form the first level of perception from the pedestrian level between pathways and the Cornerstone Building. Plantings are also proposed on the plan in a manner and location to strategically "soften" or break-down building mass and height. 9. 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. 25 V. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves, with conditions, a request for first reading of Ordinance No. 5, Series of 2008, repealing and reenacting Ordinance No. 10, Series of 2008, amending and re-establishing the approved development plan for Area A of SDD No. 4, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of a mixed use development, located at 1276 Westhaven Drive Should the Council choose to approve the request, the Department of Community Development recommends the Council pass the following motion: "The Town Council approves, with conditions, the first reading of Ordinance No. 5, Series of 2008, repealing. and re-enacting Ordinance No. 10, Series of 2008, Cascade Village, amending and re-establishing the approved development plan for Area A of SDD No. 4, pursuant to Artic/e 92-9A-10, Amendment Procedures, Vail Town Code, fo allow for the development of a mixed use development, located at 1276 Westhaven Drive /Cascade Village Subdivision, and setting forth details in regard thereto." Should the Council choose to approve this amendment, the Community Development Department recommends the following conditions: 1. That the Deve/oper obfains final review and approval of the proposed deve/opment plan by the Town of IYai! ,for Review Board, prior to making an application for the issuance of a building permit. . 2. That the Developer pays in full, the employee housing mitigation fee of $691, 476.44 prior to the issuance of a building permit. 3. That the Developer submits a complete set of civil engineered drawings of the Approved Development Plans, including the following required off- site improvements; a. Design and Construct Westhaven Drive enfrance improvements including; additiona/ furn /anes and adequate queuing areas, landscaped and irrigated medians, (6) sidewalk connections from the,proposed skier portal to the Frontage Road on both sides of Westhaven Drive; a bus turnaround and bus stop meeting Town of Vail and ECO standards, 3 skier drop-off spaces, landscaping and adequate snow storage areas as approved by the Public Works Department b. Design and Construct A 10' concrete walk along the South Fronfage Road from fhe western most point of fhe Cascade Parking/Conference building to a point in front of the Liftside Condominiums, approximately 680' in length (inc/uding crosswa/k). The walk shall be detached wherever feasible and ~ separated by a minimum of a 5' landscaped and /irrigated buffer. Such drawings?p/ans shall be submitted to the Town of Vail Community Development Department for revrew, and sha!l recerve approva/ prior to 26 ~ the Developer making application for the issuance of a building permit. 4. That the Developer shall address and resolve, to the satisfaction of the Town Engineer, all the comments and conditions identified in the memorandum from the Town Engineer, and addressed to Scot Hunn, dated January 25, 2008, on any civil engineered plans submitted in conjunction with building permits. 5. That the Developer pays in full, the Traffic Impact Fee of $117,000 (based on the 18 net pm peak hour trips) prior to the issuance of a building permit. AII or a portion of the fee may be offset by specific capacity. improvements including the cosf of the design and consfruction of the /eft turn lane on Westhaven Drive. 6. That the Developer prepares a Cornerstone Buildinq Art in Public Places Plan, for input and comment by the Town of Vail Art in Public Places Board, prior to the request for a temporary certificate of occupancy. . Subject to the above input and comment by the Art in Public Places Board, the Applicant will work with Town Staff to determine the type and location of the art to be provided. Said Plan shall include the funding for a minimum of one (1) public art improvements to be developed in conjunction with the Comerstone Building project. . 7. That the Developer provides the legally executed and duly recorded Type lll deed restriction with the Eag/e County Clerk & Recorder's Office for the on-site employee housing unit, and that said unit shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Cornerstone Building project. Should the Council choose to approve this amendment, the Community ~ Development recommends the Council makes the following findings: "The Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goa/s, 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 January 28, 2008, memorandum to the P/anning and Environmenta/ Commission and Secfion IV of the Staff's July 1, 2008, memorandum to the Town Council; 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 January 28, 2008, memorandum to the Planning and Environmental Commission and Section IV of fhe Staff's July 2008, memorandum to the Town Council; and 27 3. That the amendment does promote the health, safety, morals, and , general we/fare of the Town, and does promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environmenf and its established character as a resort and 'residential community of the highest quality, based upon the review outlined in Section V/ll of fhe Staff's January 28, 2008, memorandum to the Planning and Environmental Commission and Secfion IV of the Staff's July 1, 2008, memorandum to the Town Council. VI. ATTACHMENTS A. Staff memorandum to PEC dated January 28, 2008 B. Ordinance No.-5, Series of 2008 C. Memorandum by Pylman and Associates, Inc: dated June 10, 2008 D. Plans by GPSL Architects dated June 12, 2008 28 ~ 44 Attachment A MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 28, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council on a proposed major amendment to.Special Development District No. 4, Vail Cascade, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for the development of a mixed use project on the property known . as the Cornerstone site, located at 1276 Westhaven Drive/Vail Cascade Subdivision and setting forth details in regard thereto. (PEC07-0055) Applicant: L-O Westhaven, Inc., represented by Rick Pylman, Pylman , & Associates, Inc. Planner: Scot Hunn 1. SUMMARY The Applicant(s), L-O Westhaven, Inc., represented by Rick Pylman, Pylman & Associates, Inc., has requested final review by the Planning and Environmental Commission for a Major Amendment to Special. Development District No. 4, . Cascade Village, to allow for the development of a mixed use project on the property known as the Cornerstone site, inclusive of: o One (1) building containing a total of twenty three (23) free market condominiums (55,931 sq. ft. of GRFA), four (4) deed restricted, Type III employee housing units (EHUs) and two levels of underground parking, for a total of eight (8) stories above pedestrian plaza grade on the south side of the building; o Enhancement of skier drop-off pedestrian access through subject property, including a snow melted and covered exterior staircase and dedicated elevator from Westhaven Drive level to the plaza level below; o Improvement (re-development) of lift ticket sales office (skier services), public plaza areas and the provision of public bathrooms adjacent to the existing Cascade Village chairlift; and o Completion of sidewalk links and certain other on-site and off-site improvements Final Plan review is requested with regard to master plan recommendations, specific design guidelines and Code requirements applicable to any re- development of this site. To this end, Staff has prepared a written analysis summarizing the requirements and guidelines outlined in: o The Town of Vail Land Use Plan 1 ? o The Town of Vail Municipal Code o Ordinance No. 31, Series 2007, Major Amendment to Special Development District No. 4, Area A, Cascade Village Requested Outcome The intended outcome of this meeting is for the Commission to take formal action on the development application, citing certain applicable findings and criteria as the basis for approval, approval with conditions, or denial of the application. To this end, Staff is recommending approval, with conditions, of the Major Amendment to SDD No. 4, as detailed in Section IX of this memo. . II. DESCRIPTION OF THE REQUEST Purpose of Review The purpose of this meeting is to conduct a final plan level of review relative to the Cornerstone projecYs conformance with the Town of Vail Land Use Plan, as well as fhe applicable sections of the Town of Vail Municipal Code. As well, Staff has reviewed this proposal against previously established development standards, contained with the ordinance language for SDD No. 4, Cascade Village, for the Cornerstone Site. Project Overview The attached plan sets (Attachment B) dated January 23, 2008, submitted by the applicant depict proposed improvements including but not limited to: Lower Parking Level • 20,304 sq. ft..(gross) area • Parking area to accommodate 33 spaces, including one ADA accessible space • Internal vehicular access ramp • Ancillary mechanical and trash space and common circulation elements (stairwells/elevator shafts) Upper Parking Level (Plaza Level) , - • 19,961 sq. ft. (gross) area • Parking area to accommodate 23 spaces, including three (3) ADA - . accessible spaces • Ancillary mechanical space and common circulation elements (stairwells/elevator shafts) • 623 sq. ft. (gross) skier services (commercial) square footage located on the plaza level including a three-window ticket sales area and administrative office space 0 Owner ski lockers, Owner Lounge and skier services facilities, including a 3-window ticket safes area, administrative office space and public restrooms • Two public restroom facilities (481 sq. ft) • Common elements Ground Level Residential(Westhaven Drive Ground Leyel) 2 • 18,787 sq. ft. (gross) area • Four (4) 933 square foot,. Type III employee housing units (EHUs) located within the West Wing of the building ' • Three (3), one-story free market condominium units • Ancillary mechanical and trash space and common circulation, elements (stairwells/elevator shafts) • Common elements Level One Residential • 16,811 sq. ft. (gross) area • Six (6), one-story free market condominium units •"Skier Passage" way from Westhaven Drive drop-off point on the North side of the building to new snow melted (covered) stairwell on South side of the building • Common elements Level Two Residential , • 14,284 sq. ft. (gross) area • Four (4), one-story within the West Wing of the building • Two (2), two-story (main plus loft) free market condominium units within the East Wing • Common elements Level Three Residential • 13,217 sq. ft. (gross) area • Four (4), one-story free market condominium units within West Wing of the building ' • Two (2), two-story (main plus loft) free market condominium units within East Wing of the building • Common elements Level Four Residential • 7,594 sq. ft. (gross) area • Two (2), one-story free market condominiums within the West Wing • One (1) two-story (main plus loft) free market condominium unit within West Wing of the building • Common elements Level Five Residential • 4,615 sq. ft. (gross) area • One (1) two-story (main plus loft) free market condominium • Loft area for one (1) units in West Wing of the building • Common elements Level Six Residential • 1,814 sq. ft. (gross) area • One (1) loft for two-story level five • Common elements 3 1 Of note is the creation of four (4), deed restricted Type III employee housing units (EHUs), a heated pedestrian plaza ("Skier Passage") and stair well off of Westhaven Drive providing access to the plaza level. In addition, the applicant is working with the Town of Vail to design and construct certain sidewalk, tum land, bus lane and skier drop-off improvements within and around the Westhaven Drive. Appticable Review Criteria To this end, review of the Cornerstone Building 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 maior 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. 31, Series of 2007 - An Ordinance Amending and Re- Establishing the Approved Development Plan for Area A of SDD No. 4, Cascade Village, in Accordance with Section 12-9A-10, Vail Town 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 Special Development District No. 4 - Special Development District 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 revisions to the Cascade Residences ("CMC" Building) development in 2007. The subject property was a Planned Unit Development under Eagle County Jurisdiction when the property was annexed in 1975. SDD No. 4 includes the following: , Area A Cascade Village Area B Coldstream Condominiums Area C Glen Lyon Primary/Secondary and Single Family Lots Area D Glen Lyon Commercial Site Area E Tract K 4 The entire Cascade Village site is approximately 97.5 acres. 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 property are as outlined in the adopting ordinance for Special Development District No. 4. Cornerstone Site History The Cornerstone site is located south of Westhaven Orive, between the Liftside Condominiums and the Cascade Hotel Terrace Wing and conference center. The total site area is 0.6977 acres in size and slopes steeply from Westhaven Drive to the hotel. terrace and Cascade Village.; chairlift level. The chairlift is located immediately adjacent to the site and a public pedestrian easement allows for access across the site from Westhaven Drive to the chairlift. The adjacent Waterford site (Liftside Condominiums) and the Cornerstone site are the only two development parcels within the SDD permitted to establish separate development plans. In 1992 the Town of Vail Planning and Environmental Commission recommended approval of the development plan for the Waterford (Liftside Condominiums) and Cornerstone buildings; the Vail Town Council subsequently approved the development plan via Ordinance No. 7, Series of 1993. Although tMis plan is now expired, the 1993 development plan for the Cornerstone site included: 0 41,010 total (gross) square feet of building area; 0 64 Transient Residentia( Units/28,110 square feet of GRFA; o Three (3) employee housing units (EHUs)/1,800 square feet of GRFA; a 11,100 square feet of retail/commercial space; 0 56 on-site parking spaces for residential uses; 0 37 on-site parking spaces for retail commercial uses 0 71 foot building height limit Current Proposal On September 24, 2007, the Planning and Environmental Commission held a work session to discuss a concept for the proposal. At that time, the applicant proposed a similar design for one building, with two separate wings. The West Wing of the previous design showed a maximum height of 82 feet with the East Wing measuring 71 feet in height. However, in response to concerns voiced by adjacent property owners and the Planning and Environmental Commission, concerning building height, views and massing, the applicant revised the plans to: • Relocate condominium units from the East Wing to the West Wing, thus increasing the mass and height of the West Wing by adding one floor for a total of eight (8) stories above grade (as measured from the Plaza Level - on the south side of the building) and reducing the height of the East Wing to mitigate concerns from Liftside Condominium property owners. 5 / On Noyember 26, 2007, the Commission held'another work session to review the revisions. At that meeting, the Commission expressed general support for the revised plans and elevations. However, two Commissioners expressed concern regarding proposed building heights at the West Wing of the development: Specifically, Commissioner Kjesbo recommended that the applicant study the massing and absolute height apparent on the south elevation, due to this elevation's proximity to the pedestrian plaza between the proposed Cornerstone Building and the existing Vail Cascade Hotel "Terrace" Wing. Commissioner Pierce suggested that the applicant mitigate the apparent mass of the West Wing by introducing additional building and roof mass at the lower levels of the building, facing the pedestrian plaza. ' Since the November 26, 2007, meeting, Staff has met with the applicant several times to discuss issues related to building massing and height, as well as, to work towards resolution on the following outstanding issues: , • Westhaven Drive Improvements - turn fanes, bus turn-around, skier drop- off; and • Snow storage. At this time, the applicant requests final review of the site and building plans only. ~ Targeted date of construction is spring, 2009. The Town Staff and the applicant have agreed to continue to work towards mutually agreed upon design solutions for any and all required improvements to Westhaven Drive and any ancillary sidewalk and snow storage improvements. (A concept sketch of Westhaven Drive design solutions is included in plans provided under attachment B). IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to ciarify 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 tie 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 Environmenta/ 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 Environmenta/ Commission may recommend approval of the petition or proposal as initiated, may recommend approval with such medications as it deems necessary to accomplish the purpose of this title, or may recommend denial of the petition or rejection of the proposal. Desiqn Review Board: . 6 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. The Design Review Board therefore will make a recommendation to the Planning and Environmental Commission on any deviations proposed to the architectural design guidelines . prescribed in the Vail Village Master Plan. Town Council: 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: Specia/ Development (SDD) District Vail Municipal Code (in part) Chapter 9- Special and Miscellaneous Districts 12-9A-1: PURPOSE: 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 goa/s of the community as stated in the Vail comprehensive plan 12-9A-10: AMENDMENT PROCEDURES (In part): 8. Major Amendments: 1. Requests for major amendments fo an approved special developmenf district shall be reviewed in accordance with the procedures described in section 12-9A-4 of this article. Ordinance No. 31. Series of 2007 An Ordinance Amending and Re-Establishing the Approved Development Plan for Area A of SDD No. 4, Cascade Village, in Accordance with Section 12-9A-10, Vail Town Code and Sefting 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 7 Chapter 23, Entrtled Commercial Linkage„ and Setting for Details in Regard Thereto (!n Part) Ordinance No. 8, Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vai! Town Code, by the Addition of New Definitions to Section 12-2-2, and the Adoption of a New Chapter 2, Entitled Inc/usionary Zoning, and Setting for Details in Regard Thereto • (In Part). Vail Land Use P/an 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 finro-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 guidelines 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 control/ed 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 shou/d be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 9.4 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 mosf of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destinafion Pesort while accommodating day skiers. , 8 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, plafted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private 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 af varied sites throughout the community. VI. ZONING ANALYSIS Staff has completed a zoning analysis, comparing in some instances the previously approved (now expired) development plan for the Cornerstone Site, with current or proposed plans. As well, Staff has provided general development standards and overall figures for Cascade Village, Area A as the certain standards apply to the entire planning area. Lastly, "Per Dev. Plan" refers to the process by which certain allowable standards are established via the approval of the individual development plan. . Legal Description: Cascade Village (Cornerstone Site) Parcel No. 210312119001 Address: 1276 Westhaven Drive Lot Size: .69 acres (30,056 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/Rea. ExisUApproved* Pcoposed Lot Area: N/A 30,056 sq. ft. No Change Buildable Area: 30,056 sq. ft. No Change Setbacks: North: Per Dev. Plan 5' 3' South: Per Dev. Plan 21-6" 4' East: Per Dev. Plan 1'-6" 5' West: Per Dev. Plan 2' 51*" Building Height: 71' 71' 91' Density (Area A): 15 DU/ac 13.4 DU/ac 13.6 DU/ac or 270 DU 245 DU*** 268 DU . GRFA (Area A): 289,145 sq. ft. 239,680 sq. ft. 55,931 sq. ft.**** 9 Comm. Sq. Ft. (Area A): 35,698 sq. ft. 24,598 sq. ft. 623 sq. ft. or 25,221 sq. ft. Site Coverage (Area A): 45%***** or 36% 40% . Per Dev. Plan Landscape Area (Area A): 50% 64% 60% Parking (Cornerstone): 93 spaces****** 93 56 spaces Note: * Existing or approved refers to development standards approved via the 1993 development plan (now expired) and are provide for information and comparison purposes only. West side setback measured from property line to exterior wall of residential building; applicant proposes parking ramp to be built off property, on adjacent "Plaza Wing" with the creation of an access easement. • Total existing density includes approval of additional' dwelling units proposed within the Cascade Residences, pursuant to File No. PEC07-0058. Applicant proposes to increase the total allowable GRFA for Area A from 289,145 sq. ft. to 295,611 sq. ft. (total increase of 6,466 sq. ft.) to accommodate development of the Cornerstone Site; due to previously'approved density (GRFA) at other parcels.within Area A since original approval of the Cornerstone building in 1993, less GRFA is now available for the development of the'Cornerstone Site than was originally anticipated. Ordinance No. 33, Series 2005 amended allowable site coverage for Area A from 35% to 45%. SDD No. 4 states that "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." Staff believes that this requirement is no longer valid due to previous development plans which contained larger ' amounts of commercial and residential square footage has expired. The current proposal requires 56 parking spaces. VII. SURROUNDING LAND USES , Land Use Zonin * North: Parking Structure/Liftside Condos SDD No. 4 South: - Vai( Cascade Hotel/Glen Lyon Sub. SDD No. 4 East:. Common Area/open space/ Rec SDD No. 4 West: Vail Cascade Hotel SDD No. 4 Nole: * 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. VIII. REVIEW CRITERIA 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 appiication. 10 Chapter 9- Special and Miscellaneous Districts 12-9A-8: DESIGN CRITER/A: The following design criteria shall be used as the principal criteria in evaluating the merifs of the proposed special development district. It shall be the burden of fhe 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. Overall Compatibility The Applicant is proposing a major amendment to the special development district which Staff believes will have positive overall impacts on the appearance and functionality of the area. Specifically, the Cornerstone Site is the last development site within Area A, and therefore presents opportunities to complete the overall development plan for Cascade Village and provide needed amenities to the larger community. Specifically, Staff suggests that the following improvements will enhance the site's compatibility, and as public benefits, will greatly improve the character, , identity, and visual integrity of the neighborhood: • Enhanced skier passage way/entry portal to Cascade Village Chairlift; • Sidewalk connections within and around the site; • Enhanced Pedestrian Plaza area between existing Terrace Wing of the hotel property, and the proposed Cornerstone Building; and • Creation of bus turn around and skier drop off. Design of the site and proposed buildings reinforces the connectivity of the Cornerstone site to the rest of the Cascade Village Area. As well, the design generally enhances the architecture, scale, bulk and visual character of the surrounding neighborhood by incorporating massing, building materials, roof forms and compositions that relate to the surrounding built environment. Massing has been revised to mitigate impacts on adjacent structures (Liftside Condominiums) and the applicant has made certain other revisions to balconies and fenestration around the building which Staff believes will positively affect building mass, bulk, building height and character of the immediate and surrounding environment. However, as the plans are further developed, the applicant will be required to address the following areas of concern regarding specific design issues related to design and construction of on-site and off-site improvements at the Westhaven Drive entrance, including but not limited to: 11 r t 0 Turn lanes; • Adequate queuing areas; • Landscaped and irrigated medians; • Six foof wide sidewalk connections from the proposed skier portal to ' the South Frontage Road on both sides of Westhaven Drive • Ten foot wide sidewalk connection along the South Frontage Road from the western most point of . the Cascade Parking/Conference Center building to a point in front of the Liftside Condominiums, approximately 680 feet in length (including a crosswalk); • Bus turn, around and bus stop meeting Town of Vail and ECO standards; • Three space skier drop-off; • Landscaping; and • Adequate snow storage areas as approved by the Town of Vail Public Works Department. Bulk and Mass Staff believes the proposed improvements are consistent with the Vail Comprehensive Plan. While the overall mass of the building will surpass (in height) previously approved buildings on this site, Staff believes that the Applicant has presented plans that enhance the overall massing, composition and appearance of the planning area (Area A, Cascade Village) by introducing compatible roof forms, as weli as, new roof forms that step and which wilf add variety to the overall roof composition throughout Area A. in addition, StafF believes the proposed application of exterior materials, specifically the introduction of substantial amounts of stone veneer at key locations (foundation level), the introduction of secondary roof structures, the revisions to the placement and size of certain balconies and window openings, and the continued use of stucco as a predominant "Cascade Village° material, aid in "stepping down" the mass of the building from the pedestrian level. Building Height Staff believes, despite a proposed maximum buildingheight of 91 feet in one area of the building, the proposed building heights for both the West and East wings of the building are generally compatible and sensitive to the immediate environmsnt. Pursuant to Ordinance No. 31, Series 2007, building height fvr SDD No. 4 is calculated as follows: "For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the exisfing grade or finished grade (whichever is more restrictive), at any grven 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 developmenf plan drawings." . Further, that: . "Cornerstone Building: Maximum height of 71 feet. " 12 Although the proposed maximum height of the West Wing is now shown at 91 feet, as measured to existing grade on the south (pedestrian plaza) side of the development, Staff believes that the overall bui(ding heights for both wings are appropriate in context to surrounding structures, as well as, the overall Cascade Viilage development. Approved building heights within Area A(according to development standards listed in SDD No. 4, Ordinance No. 31, Series 2007) range from 26 feet to 71 feet. By comparison, building heights proposed within the Cornerstone Building range from approximately 42 feet to 91 feet. Also, Stafi has calculated that approximately 30% of the overall roof mass is above 71 feet. As discussed in previous meetings with the Planning and • Environmental Commission, the proposed building massing and height may actually enhance the perceived variation in roof height within Area A, thus producing a positive "mix" of roof heights and buiiding masses which reinforce the tightly clustered "`Village" concept. Further, as depicted on the photo overlays provided by the applicant, the proposed West Wing of the Cornerstone Building, while talfer than the adjacent Liftside Condominiums building (55 feet tall on the north/frontage road side), presents a similar . appearance (between 57 feet and 75 feet tall on the north side) when viewed from I-70 and the frontage roads. Character As stated above, Staff believes the proposed improvements will result in a positive, or beneficial, impact to the surrounding area. The manner in which the Applicant proposes to integrate the building's mass, roof compositions and forms, fenestration and exterior building materials enhances or reinforces the Cascade Village architectural style and character. Other improvements to enhance the skier drop-off, skier passage way and pedestrian plaza areas will provide a much needed upgrade to. the pedestrian experience of this portal to Vail Mountain. Setbacks Ordinance No. 31, Series of 2007, states the following relative to required setbacks prescribed within Area A, in part: "Required setbacks shall be as indicated in each development p/an with a minimum setback on the periphery of the property (Area A) of not /ess than twenty feet..." "A/l buildings shall maintain a 50 foot stream setback from Gore Creek. " The current proposal establishes the building footprint at the approximate distances away from property lines: North: 3 feet; South: 5 feet; East: 5 . feet; and West: 2 feet (2' between the proposed parking ramp and the existing "Plaza Wing" of the hotel/5' between the western property line and the exterior wall of the proposed Cornerstone Building). The previously approved development plan established . the building footprint approximately 5 feet from the North property line; 2'h feet from the South property line; 1'h feet from the East property line, and; 2 feet away from the West property line. 13 Therefore, Staff believes that the current proposal generally provides for better separation between the proposed buildings and, the footprints of adjacent buildings. As well, Staff suggests that the current proposal could be construed to create less visual impact to adjacent properties closest to the East property line. Lastly, there is more distance (by approximately 3 feet) provided between Gore Creek and the proposed structure. Site Coverage , . Ordinance No. 31, Series of 2007, states the following relative to Area A: "Not more than 45% of the total sife area may be covered by buildings unless otherwise indicated on the site specific . development plans." Staff has calculated the existing site coverage within Area A at approximately 34% of the total land area. As proposed, the Cornerstone Building (total individual site coverage of approximately 67% of the Cornerstone site) brings the total site coverage for Area A to approximately 37%. Therefore, Staff believes that the proposal complies with, or does not adversely impact, this standard applied to the overaU development area (Area A). - B. Uses, activity and density which provide a compatible, effficient and workable relationship with surrounding uses and activity. Staff believes the proposed uses, activities and density continue ta provide a compatible, effcient and workable relationship with surrounding uses and activity. Specifically, the proposed uses are primarily residential (mulit- family and employee housing), with limited first floor commercial (skier services), both uses by right and both uses that are similar to surrounding multi-family, iodge and commercial uses. The design .of the project respects surrounding structures, uses and activities by providing generally compatible building massing, roof forms and composition, architecture and by providing enhanced skier drop=off improvements and pedestrian plaza serving the overall neighborhood. As well, the project's design is respectful of surrounding uses and activities by not adversely impacting existing loading and delivery (service) areas or shifting any parking burden onto the overall development. Staff suggests that while the building is compatible with surrounding sites, the applicant shall be required to demonstrate that proposed parking ramp improvements on the west side of the site will not adversely impact the adjacent "Plaza" site. 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 the following with specific reference to Area A and the Cornerstone Site: 14 1. "Off-street parking shall be provided in accordance with Chapter 12-10, 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 l, where 66.6% and the Westhaven Condominiums, where 71 % of required parking shall be enclosed in a building. 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." Staff believes that a majority of the spaces previously required were generated by the approved number of "Transient Residential Units" (TRs), free market units (GRFA) and retail/commercial square footage approved for the site. Specifically, sixty four (64) TRs were approved for the site with a.4 space to unit ratio, for a total of twenty six (26) spaces required; 28,110 square feet of GRFA with a.1 space per 100 sq. ft. ratio accounted for 28 additional spaces dedicated for the residential component. Additionally, 37 spaces were required at a ratio of 1 space per 300 sq. ft. of commercial space. The total requirement in the. 1993 development plan was 91 spaces. The current proposal contains no Transient Residential/accommodation units or commercial square footage. In addition, the twenty three (23) free market residential dwelling units (not including EHUs) proposed will generate significantly less on-site parking demand than the previous 32 units approved for the site. Pursuant to Chapter 12-10 of the Vail Town Code, the current proposal requires 56 spaces. 56 spaces are proposed within two levels of structured parking. Therefore, Staff believes the proposal complies with parking and loading requirements as outlined in Chapter 12=10 of the Vail Town Code. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Employee Housing Provision Ordinance No. 33, Series of 2005, addresses employee housing in the following manner: "The deve/opment of SDD No. 4 will have impacts on available employee housing within the Upper Eag/e Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing." Further, that: "The developer(s) of Area A shall build a minimum of 3 employee housing dwelling units within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee unit in the 15 Cornerstone Building shall have a minimum square foofage of 600 square feet." In addition to previously established requirements of SDD No. 4, the development of the Cornerstone Building is subject to the Town' Employee Housing regulations, specifically Ordinances 7&-8. In Fe6ruary of 2007, the Town Council passed Ordinances No. 7 and No. 8, Series of 2007, which enacted regulations for the provision of employee housing units through several possible mitigation methods for a!l projects in the Special Development District. Within these ordinances a nexus was established between commercial and residential development and the generation of emplayees was established. In adopting these ordinances a methodology • was established to determine the impact of a commercial and residential development on the need for employee housing at a goal of providing 30% of the housing generated by a project. Furthermore. there were provisions for meeting the requirement for providing employee housing through several different options or combination of options. The options include: • Provision of on-site units; • Conveyance of property on-site; • Provision of off-site units; • Payment of fees-in-lieu; and • Conveyance of property off-site, A proposed development or redevelopment may choose to propose any of the above options or combination of options. Within the two Ordinances, the Planning and Environmental Commission was given the authority to review an applicant's proposal for mitigating the employee generation of a project and grant approval of the proposal. There are some specific instances were the Town Council must also accept the proposal for mitigating the employee requirement generated by a project. The Staff has reviewed the proposal for compliance with Ordinance No.(s) 7 and 8, Series of 2007, and found it to be accurate in calculating the mitigation requirement for the proposed Cornerstone Building project. Staff has attached the proposed mitigation plan, as outlined in Section 3.5 of the Project Overview/Summary by Pylman & Associates (Attachment B). At its November 26, 2007, public hearing several members of the Commission suggest that the proposed mitigation of providing four EHUs on-site, in addition to providing the remainder of the mitigation as pay-in-lieu, was appropriate. Within the Plan the applicant proposes to mitigate the housing requirement, ba.sed on a total (new) gross residential floor area (GRFA) of 55,931 square feet, by the incorporation of four (4) employee housing units on site measuring 933 square feet each (3,732 sq. ft. total), and a Residential Mitigation payment-in-lieu in the amount of $49,595.65. In addition, the applicant proposes new ticket sales and office space totaling 623 square 16 feet. There are currently approximately 350 square feet of ticket sales and office space on site. Therefare, the net increase in commercial (retail) square footage is 273 square feet. The following calculations provide an analysis for employee housing, payment-in-lieu mitigation to be required: Residential Mitigation Calculation 55,931 sq. ft. (new) GRFA x 10% = 5,593 sq. ft. mitigation required 5,593 sq, ft. required - 3,732 sq. ft. proposed = 1,861 sq. ft. remaining 1,861 sq. ft. x$236.65/sq. ft. _$49-,5 5 Payment-in-lieu required Commercial Mitigation Calculation: ° 273 sq. ft. (net new) commercial space 273 sq. ft. x 2.4 employees/1000 sq. ft. of new net floor area =.13 .13 employee mitigation requirement x$131,385.00 17,Q8Q,. Total Mitigation Required: Residential Mitigation: $49,595.65 Commercial Mitiqation: $17,080.05 Total: $66 ~,,7 Currently the Town has no plan for the funds that may be collected from the payment-in-lieu option for mitigating housing requirements. Funds collected from this option could be used to construct units or to purchase units and then resell them after placing a deed restriction upon the property and selling them for a more affordable price. Vail Land Use 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 be(ieves the following goals, objectives and policies are relevant to the review of this proposal: Vail Land Use Plan 9.0 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 fhe permanent resident. 17 1.3 The quality of development should be maintained and upgraded whenever possible: 1.12 Vail should accommodate mosf of the additional growth in existing developed areas (infill areas). , 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. ~ . 5.0 Residential : 5.1 Addrtional residential growth should continue to occur primarily in existing, p/atted 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 restricfions. r 5.5 The existing emp/oyee housing base should be preserved and upgraded. Additional employee housing needs should be . accommodated at varied sites throughout the community. Staff believes the proposed development generally furthers the above referenced goals, objectives and policies and, therefore, is in general compliance with the Vail Comprehensive Plan. 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 Cornerstone 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 respdnsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Site Plan , Staff believes the proposed site design will have positive overall impacts on the appearance and functionality of the area. . The site is a steep hillside resulting from, development of Westhaven Drive ' (fill) and is vegetated with native •grasses (re-seeded after construction of Westhaven Drive). There are no trees or other significant vegetation on the site and the site has been used for snow storage and construction staging historically. Therefore, the development of the Cornerstone Building poses 18 no negative impact on "natural features.,. On the contrary, Staff believes that development of this site will complete the overall development plan for Cascade Village and will provide much needed enhancements to sidewalks, pedestrian plazas, landscaping and the overall aesthetic quality of the area as a portal to Vail Mountain. However, Staff believes that the applicant should be required to work with the Town of Vail Town Engineer to create design solutions, both on and off- site, to provide adequate snow storage within and around the Westhaven Drive right-of-way. Specifically, the development of this site and the associated improvements to the bus turn around and skier drop off a-reas, while not necessarily causing more snow storage need, will impact the Town's ability to store snow within the Westhaven Drive right-of-way and within the Cornerstone site itself - a historical use of the site. Therefore, Staff believes that the applicant should also be required to provide a"Snow Storage" easement on the northeast corner of subject property, as part of a snow storage mitigation plan. Building Design Staff believes that the proposed building is designed to increase or enhance functionality of the area while being responsive and sensitive to the aesthetic quality of the community. Therefore, Staff believes that the overall aesthetic quality of the community would be enhanced by the proposed exterior changes and physical improvements proposed by the applicant will increase the functionality of the site. 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 improve on-site parking and maneuverability and which will enhance pedestrian circulation around and through the site. Specifically, the applicant has agreed to install portions of sidewalk connections identified by the Town of Vail Public WorKs Department. In addition, the Applicant proposes to participate in improvements to Westhaven Drive, including the provision of a bus turn around, skier drop-off and a potential left turn lane, for exiting movements out of Cascade Village. H. Functional. and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Staff believes that the landscape plan greatly enhances the aesthetic quality of the area by providing new pathways, plantings and ground covers where none exist today. By completing development in this area, the plaza connection, or pedestrian way from the hotel to the Cascade Village chairlift will now include new pathways and (heated) paver areas, a gas fire piUgathering place and significant new plantings of native trees and shrubs. These plantings will form the first level of perception from the pedestrian 19 level befinreen pathways and the Cornerstone Building. Plantings are also • proposed on the plan in a manner and location to strategically "soften" or break-down building mass and height. 1. 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 ptiasing 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 amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vai! Town Code, to the Vail Town Council. Staff's recommendation is based upon the review of the criteria faund 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 fonivard a recommendation of approval to the Vail Town Council of this proposed amendment to - a Special Development District, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the applicant's request for final review of a proposed major amendment to a Special Deve/opment District (SDD), pursuant to Sectiorr 92-9A-90, . Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 4, Cascade Village, to aUow for the . development of a mixed use deve/opment, located at 1276 .Westhaven Drive (Cornerstone-site)/Unplatted, Vail Cascade Subdivision, and setting forth details in regard thereto. (PEC070055). Should the Planning and Environmental Commission choose to approve this amendment, the Community Development Department suggests the following conditions: 1. That the Deve/oper receives final review and approval of the proposed developmenf plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit. 2. That the Developer submits a comp/ete set of civil engineered drawings of the Approved Development Plans, including fhe following required off- site improvements; a. Design and Consfruct Westhaven Drive enfrance improvements including; additional turn lanes and adequate queuing areas, landscaped and irrigated medians, (6') sidewa/k connecfions from the proposed skier portal to the' Fronfage Road on both srdes of 20 Westhaven Drive, a bus turnaround and bus stop meeting Town of Vail and ECO sfandards, 3 skier drop-off spaces, landscaping and adequate snow storage areas as approved by the Public Works Department. b. Design and Construct A 10' concrete walk along the South Frontage Road from the western most poinf of the Cascade Parking/Conference building to a point in front of the Liftside Condominiums, approximately 680' in length (including • crosswalk). The walk shall be detached wherever feasib/e and separated by a minimum of a 5' landscaped and /irrigated buffer. Such drawings/plans shall be submitted to the Town of Vail Community Development Department for review and shall receive approval prior to the Developer making application for the issuance of a building permit. 3. That the Developer shall address and resolve, to the satisfaction of the Town Engineer, all the comments and conditions identified in the memorandum from the Town Engineer, and addressed to Scot Hunn, dated January 25, 2008, on any civil engineered plans submifted in conjunction with building permits. 4. That the Developer pays in full, the employee housing mitigation fee of $§6&Zi~JQ Prior to the issuance of a building permit. 5. That the Developer pays in fu/l, the Traffic Impact Fee of $117, 000 (based on the 18 net pm peak hour trips) prior to the issuance of a building permit. All or a portion of the fee may be offset by specific capacity improvements including the cost of the design and construction of the left turn /ane on Westhaven Drive. 6. That fhe Developer prepares a Cornerstone Buildinq Art in Public P/aces P/an, for input and comment by the Town of Vail Art in Public P/aces Board, prior to the request for a temporary certificate of occupancy. Subject to the above,1 inpuf and comment by fhe Art in Public Places Board, the Applicant will work_ with Town Sfaff to determine the type and location of the art to be provided. Said P/an shall include the funding for a minimum of one (1) public art improvements to be developed in conjunction with the Comerstone Building project. 7. That the Developer provides the /egally executed and duly recorded Type 11l deed restriction with the Eagle County Clerk & Recorder's Office for the on-site employee housing unit, and that said unit shall be made availab/e for occupancy, prior to the issuance of a temporary certificate of occupancy for the Cornerstone Building project. Should the Planning and Environmental Commission choose to approve this amendment, the Community Development recommends the Commission makes the following findings: "The P/anning and Environmental Commission finds: 21 1. Thaf 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 Vll! of the Staff's January 28, 2008, memorandum tb the Planning and Environmenta/ Commission; and 2. That fhe amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section V/ll of the Staffs January 28, 2008, 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 eommunity of the highesf quality, based upon the review outlined in Section Vlll of the Sfaff's January 28, 2008, memorandum to the Planning and Environmental Commission. X. ATTACHMENTS A. Vicinity Map B. Reduced Architectural and Engineering Plans C. Cornerstone report/analysis (by Rick Pylrrian, Pylman & Associates, Inc.) D. Ordinance No. 31, Series 2007, SDD No. 4 22 Attachment A . .;Co . . . ' -7 , Corraerstone ndos Cascade Village =Area A-.(1276 Westhaven Dnve).. r' k" dF r+.c 3.Mx r'~s: ~,•''~~~},e ~ R~ i , ~,v~ . ~ , ~r?^" yT xf x . ,~~x ~ ~ T . f ~6 ..7`.e~'~,~ a T t' ~ ? ~ i t 0 r., . ce... ~ . ,.rv~ { ~,v 1~., a'L4N d~Y 4 ~4 `~ry k ~~'t~' • ~ ~i~A h ~ .,,s e • tx ~ ~1 Z - s r b 'rsa ~ ~ _ ,•,r.,4, Y 3 s J M r.t..... y , . i.rvt. ~'pt~' :1~^ ~ n~wrawa4 ~.tie~mNwawka~ms~ a0. 1~~w 23 . Attachment B ORDINANCE NO. 5 SERIES OF 2008 AN ORDINANCE AMENDING ORDINANCE NO. 10, SERIES OF 2008, IN ACCORDANCE WITH SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR A MAJOR AMENDMENT TO SPECIAL DEVELOPMENT DISTRICT NO. 4, VAIL CASCADE SUBDIVISION; AND TO RE-ESTABLISH THE APPROVED DEVELOPMENT PLAN FOR THE CORNERSTONE SITE, AREA A, CASCADE VILLAGE, TO ALLOW FOR THE DEVELOPMENT OF A MIXED USE DEVELOPMENT, LOCATED AT 1276 WESTHAVEN DRIVE; 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. 10, Series of 2008, repealed and re-enacted Ordinance No. 31, Series of 2007; to amend and re-establish the approved development plan for Area A, Cascade Village, SDD No. 4, to allow for certain additions to the "Vail Cascade Hotel Site", located at 1300 Westhaven Drive, Cascade Village; and; WHEREAS, the purpose of this ordinanee is to amend Ordinance No. 10, Series of 2008, to amend and re-establish the development standards for Development Area A; Cascade Village and to amend and re-establish the site specific developm'ent plan for the "Cornerstone Site", within Development Area A, to allow for the construction of the proposed Cornerstone Building; and WHEREAS, to the extend that there are any previous site specific development plan approvals or development standards established for the "Cornersfone Site", this ordinance is intended to specifically supersede and otherwise cause any previous site specific development plan approvals or development standards for the "Cornerstone Site" to become null and void; and 1 Ordinance No. 5, Series of 2008 - First Reading WHEREAS, any and all site specific development plans and development standards approved and/or established for planning areas and sites within SDD No. 4, not specifically affected by this ordinance, shall remain valid and in full effect; 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, on January 28, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval, with conditions, for the proposed major amendments to Special Development District No. 4, Cascade Village, to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Title 12, Zoning Regulations, Vail Town Code; and, WHEREAS, the Vail Town Council finds that the major 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 VIII of the Staff's January 28, 2008, memorandum to the _ Planning and Environmental Commission, and as outlined in Section IV of the Staff's July 1, 2008, memorandum to the Vail Town Council, and the evidence and testimony presented; and, WHEREAS, the Vail Town Council finds that the amendment does further,the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section VIII of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission, and as outlined in Section IV of the Staf s July 1, 2008, memorandum to the Vail Town Council, 2 Ordinance No. 5, Series of 2008 - First Reading and the evidence and testimony presented; and, WHEREAS, the Vail Town Council finds that the 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 VIII of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission, and as outlined in Section IV of the Staff's July 1, 2008, memorandum to the Vail Town Council, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Special Development District No. 4,, Cascade Village is hereby amended as follows (deletions are shown in g#/additions are shown in bold italics): , Purpose Special Devetopment 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 3 Ordinance No. 5, Series of 2008 - First Reading 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. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants 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 dwelfing 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 Ordinance No. 5, Series of 2008 - First Reading . 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 five separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary/Secondary and Single Family Lots C 29.100 Glen Lyon Commercial Site D 1.800. Tract K E 8.322 _ Dedicated Open Space 32.078 . Roads 4.700 TOTAL 97.955 Development Plan--Required--Approval Procedure 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 VVateFfc)Fd Liftside Condominiums Building 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 . 5 Ordinance No. 5, Series of 2008 - First Reading ~ 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 12-76- 3, (Commercial Core 1), Vail Town Code, except for in the SM Cascade Residences building, where office and-edusat+e~al uses shall be permitted on the first floor. The "first floor" or "street level" shall 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 comer 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 MURisipal Vail Town Code; Ordinance No. 5, Series of 2008 - First Reading. 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 AAURisipal Vail Town Code. D. Area D. Glen Lyon Commercial Site 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, e#tfie Conditional Use Permits, Vail Town Code. - 7 Ordinance No. 5, Series of 2008 - First Reading 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 B. Area B, Coldstream Condominiums 1. Public Park antl 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 Chapter 12-2, Vail Town Code. , E. Area E, Tract K 1. Public parks. 8 , Ordinance No. 5, Series of 2008 - First Reading Y i 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. Accessory Uses ' A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subje.ct 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 conditionat uses, and necessary for the operation thereof. . B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in 9' Ordinance No. 5, Series of 2008 - First Reading . 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 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 pools, 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. 10 Ordinance No. 5, Series of 2008 - First Reading 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 entire{y upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Densify--Dwelling Units The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, , a total of two hundred eighty eight (288) accommodation or transient dwel{ing units and a maximum of ene hundr,ed-en° one hundred thirty one (131) dwelling units for a tota{ density of WIe hundrerl e.,e.,+., (270) two hundred sevenfy five (275) dweQing 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 dwe{4ing housing units 11 Ordinance No. 5, Series of 2008 - First Reading (EHUs) as defined within Chapter 12713, Vail Town Code. Density--Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 356,680 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 based on the Two-Family , Primary/Secondary Residential District, per Section 12-6D-8 (9ensity Ge~ Densify Control, Vail Town Code. 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. TABLE 1: AREA A PARKING & DEVELOPMENT STATISTICS 12 Ordinance No. 5, Series of 2008 - First Reading This table is a compilation of information fram `Chart 1' and `Chart 2' in Ordinance No 31, Series of 2007 and the best available information found at the time including floor plans and Staff memorandums. a PaFkong yse AsseMmodatien 9well+Rg 6RPA (squcife CommeFGi un+ts UPAs #eeo ~ ~+~ed * AAWFase ~8 54,434 64 Uftside 29 + i 47,590 ~ 56 E#j!S 6assades ~ 4-2 vUesthaven 4-3 32;009 29 6andemin+unis 6assa~e 44 43 ResideMes 474 ~se As~sernm 6dat+9R 8we" GeFnmeFS~a PaFklna UPAs U-R" feeq ReqUiFeFneRt ~ Gac:G-ad-C-FitltCi 44E9 - -dd;`#r 445 ~n ~-7 rl„~n 35 VC vr~u~v Restawant #et&Ga#e Z,460 48 pep~~- 2-,494 ~ FoFeside Bar 45 akle~ a-,~ ~ 4-2-0 ~a a-A5 Tnn ~e4~i1 d~C7 2-0 T~.. ~ .rr~+ .......o . ~Q TTAGAT~~ • `v ~ t fi DI..C?etail 2-,024 7 P'az:a 35 GEpfeFeR6@ ~RRS 30 424 e usereredit (10-0 , - 42ai v T~:t / A 114 42- * 13 Ordinance No. 5, Series of 2008 - First Reading TABLE 1: AREA A PARKING & DEVELOPMENT STATISTICS This table is a compilation of information from `Chart 1' and `Chart 2' in Ordinance No 31, Series of 2007. and the best available information found at the time including floor plans and Staff memorandums. , Q RFAs sqSftl*~,~ EHUs f~Comm u, ~On~` Site Casca e~ ~~b t' ta'~sh 4 .3.g, [9 s ri^ca- ' ;S~°S 1 ;^tl e ~ aa:;tta3.;W,w;`~$1;d~~r;T,,ast.~,, r'"`.~s~ . 'w'"~''~a'u~',t'~G"'7"xF~`~^'k'•"~Y,s e *si ' ` ~ Liftside Condos 29 48,600 2 56 (formerly Waterford) Westhaven 13 32,000 29 ' Condominiums Millrace 39 47,984 64 Phase I, II, IV The Cascades 6 11,987 12 (formerly Millrace III) Cascade 22 47,151 13 16 Residences a roved) Blue Tiger 1,600 13.3 Office/Retail 5,061 16.3 Cascade Hotel 148 55,457 115 Chaps Restaurant 4,735 39.5 Hotel Cafe 2,160 18 Pepi Sports 2,491 8 Fireside Bar 1,800 15 Terrace Rooms 120 58,069 105 Terrace Retail 5,856 20 Plaza Rooms 20 7,205 16. Plaza Retail 2,024 7. Plaza Conference 8,297 35 Fitness Club 5,886 30 Cornerstone 22 0 48,407 4 623 56 0 Tofa/ 131 288 356,860 6 40,533 230 454.1 Multiple Use Credit (10% of required) . -45.4 Total Required Parking in Cascade Structure 408.7 Total Parking Spaces Provided in Parking Structure 421 Total Surplus Parking Spaces in Parking Structure 12.3 "GRFA includes DU and AU square footage. EHUs do not count towards GRFA in SDD #6. 14 Ordinance No. 5, Series of 2008 - First Reading , Development Plans Area A, Cascade Village Site specific development plans are approved for Area A and Afea 9. , Ltd. ' , . . The following documents comprise the development plan for the SDD as a whole, Littside Condomiums Building (formerly known as Waterford), -Cascade Residences (formerly known as the "CMC Building") Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and . 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. 15 Ordinance No. 5, Series of 2008 - First Reading c 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, 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, Pratf, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schulti. 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, Fratt, 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. 16 Ordinance No. 5, Series of 2008 - First Reading 33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnoid Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson 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 Jamar Associates, 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 03-15-05 -1.1 icinity Map . , orter Architects 01-31-05 -1.2 RFA Summary orter Architects 03-15-05 -1.3 Spring Equinox Sun Shading orter Architects 01-31-05 -1.4 Summer Solstice Sun Shading orter Architects 01-31-05 -1.5 all Equinox Sun Shading orter Architects 01-31-05 -1.6 Winter Solstice Sun Shading orter Architects 01-31-05 -1.7 Site Plan orter Architects 03-15-05 001 Cover Sheet lpine Engineering 03-14-05 002 rading Plan (West Hal fl lpine Engineering 03-14-05 003 rading Plan (East Hal fl Ipine Engineering 03-14-05 C004 Storm Drainage Plan Ipine Engineering 03-14-05 005 rading and Drainage Details lpine Engineering 03-14-05 006 tility Plan lpine Engineering 03-14-05 17 Ordinance No. 5, Series of 2008 - First Reading 007 tility Details lpine Engineering 03-14-05 C008 emolition Plan Ipine Engineering 03-14-05 -1 Landscape Plan ennis Anderson Assoc. 03-15-05 -2 andscape Plan - Cascade Club ennis Anderson Assoc. 03-15-05 2.0 arking Level Plan orter Architects 03-15-05 2.1 irst Floor Plan . orter Architects 03-15-05 2.2 Second Level Plan orter Architects 03-15-05 2.3 hird Level Plan . orter Architects 03-15-05 2.4 ourth Level Plan orter Architects 03-15-05 2.5 oof Plan orter Architects 03-15-05 3.1. uilding A Elevations orter Architects 03-I S-OS 3.2 uilding B Elevations orter Architects 03-15-05 4.0 uilding Sections orter Architects 02-14-05 4.1 uilding Sections orter Architects 02-14-05 4.2 uilding Sections orter Architects 02-14-05 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets: wg. # itle uthor ate -2.20 Second Floor Plan D Architects 01-28-07 -2.30 hird Floor Plan D Architects 01-28-07 -2.40 ourth Floor Plan D.Architects 01-28-07 -2.50 ifth Floor Plan D Architects O 1-28-07 -3.10 ast and North Building Elevations D Architects 01-28-07 -3.20 est and South Building Elevations D Architects 01-28-07 * . , , , 18 Ordinance No. 5, Series of 2008 - First Reading 43. Approved Development Plan for Area A, Cornersfone Site, containing the following sheets: wg. # Title uthor ate I andscape P[an ennis Anderson 06-20-08 1 chematic Bus Turnaround lpine Engineering 06-03-08 -2.OOa ite Plan GPSL Architects, P. C 06-12-08 -2.OOb tie Plan GPSL Architects, P.C. 06-12-08 -2.01 ower Leve! Parking GPSL Architects, P. C. 06-12-08 -2.02 Upper Level Parking - Plaza Level GPSL Architects, P.C. 06-12-08 -2.03 Westhaven Drive Ground Level GPSL Architects, P.C 06-12-08 -2.04 Westhaven Drive Level One GPSL Architects, P.C. 06-12-08 -2.05 • Level Two GPSL Architects, P.C. 06=12-08 -2.06 Level Three GPSL Architects, P.C. 06-12-08 -2.07 Level Four CPSL Architects, P.C. 06-12-08 -2.08 Level Five GPSL Architects, P.C. 06-12-08 -2.09 Level Five Lojt GPSL Architects, P. C. 06-12-08 -2.10 oof Plan , GPSL Architects, P.C. 06-12-08 -3.10 levation: West @ Loft Side GPSL Architects, P. C. 06-12-08 -3.20 levation: East @ Cascade GPSL Architects, P. C. 06-12-08 -3.30 levation: North and South GPSL Architects, P.C. 06-12-08 - 14-3.40 levation/Section: East @ Liftside GPSL Architects, P.C. 06-12-08 Area C, Glen Lyon Prima ry/Seconda ry 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. 19 Ordinance No. 5, Series of 2008 - First Reading . ~ 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 (deletions are shown in stF+lee-threUg#/additions are shown in bold italics) 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 minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan wh'sb-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, 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 buifdings shall maintain a 50 foot stream setback from the centerline of Gore Creek. ' The VVateFfeFd Liftside Condominiums bBuilding 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 based on the Two-Family Primary/Seconday Residential District, Section 12-6D-76, Setbacks; e#-the 20 Ordinance No. 5, Series of 2008 - First Reading 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 (1/2) the distance between the building envelope and the property line, or may project not more than five feet (6) nor more than one-fourth (1/4) 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. 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. VVateFfeFd Liftside Condominiums 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 21 Ordinance No. 5, Series of 2008 - First Reading I. ' ' grade. 4. Westhaven Building: A maximum of 55 feet.; 5. Milirace 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 Condomihiums The maximum height sha!l be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single-Famiiy 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 % of the roof shall have a height befinreen 32 and 40 feet. 49% of the roof ar.ea shall have a height under 32 feet. On the perimeter of the bui(ding 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. 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 cavered by buildings, unless the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. , 22 Ordinance No. 5, Series of 2008 - First Reading \ 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 othen?vise indicated on the site specific development plans. i 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 focated within a parking structure or buildings with the exception of Millrace IV, Scenario I, wheFe 66.6% and the Westhaven Condominiums, where 66.6% and avhefe 71 respectively, 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 structure. 3. There shall be a total of 58 on-site parking spaces on the Waterford Liftside Condominiums bBuilding 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 56 enclosed parking spaces located within the Cornerstone building ' . 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. 23 Ordinance No. 5, Series of 2008 - First Reading 6. Phasing: All required parking for Cornerstone and VVateFfGFd Liftside Condominiums Building 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 Lofs . Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. 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 fiaving a maximum length of 22 feet. 24 Ordinance No. 5, Series of 2008 - First Reading 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 incJude 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 Vail Town Code 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. 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 Valiey 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. 1. All trash compactors and trash storage areas shall be completely enclosed within 25 Ordinance No. 5, Series of 2008 - First Reading r • Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion info Gore Creek, particularly when construction occurs in Areas A and D. K. The two emplayee 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 sha11 provide or work with the Town to provide adequate private transportation services to the owners and guests so as to trarisport 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 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. , 21 The developer shafl 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. . GememteRe 26 Ordinance No. 5, Series of 2008 - First Reading 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 heFein , as set forth in Ordinance No. 12, Series of 2005. The developer(s) of Area A shall build a minimumof 2 within the Liftside Condominium Building. . There shall be a total of 2 employee dwelling units in the WateFfgFd Liftside Condominiums Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven Condominiums building shall provide 4,400 square feet of employee housing pursuant to the terms of an agreement reached with the Town of Vail as described in Condition 3, as set forth in Ordinance No. 12, Series of 2005. 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 27 Ordinance No. 5, Series of 2008 - First Reading 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 II, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq: ft. each, on each lot. These lots shallnot be entitled to the 500 sq. ft. of additianal 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 Town Code, unless such time requirement is amended herein. Section 2. Special Development District No. 4 Special Development District No. 4 and the development.plans for all sites other than the development plan for the Cornerstone Site, hereby remain approved for the development of ~ Special Development District No. 4 within the Town of Vail; unless they have otherwise expired: Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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. 28 Ordinance No. 5, Series of 2008 - First Reading 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 whicfi 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 1St day of July, 2008, and a public hearing for,second reading of this Ordinance set for the 15th day of July, 2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ! Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk . 29 Ordinance No. 5, Series of 2008 - First Reading w, . Aftachment 1VIEMORANDUIVi TO: Scott Hunn FROM: Rick Pylman DATE: June 10, 2008 RE: Cornerstone Condominiums, Cascade Village, SDD # 4 The purpose'of this memo is to provide brief background information and to describe changes to the Cornerstone Condominiums plans that reflect input from town staff and Town Council. DESCRIPTION OF THE REQUEST L-O Westhaven, Inc. is requesting a Major Amendment to Special Development District 44, Vail Cascade, to allow for development plan approval for the Cornerstone site. .The Cornerstone site is located within Area A of Cascade Village. A development plan was approved via Ordinance No.l Series of 1993, however, development of the site has not occurred. BACKGROUND On January 28, 2008 the Town of Vail Planning and Environmental Commission voted 6-0 to recommend approval, with conditions, of the proposed amendment to SDD #4. On February 19, 2008 the Town Council tabled the first reading of Ordinance No. 5, Series of 2008. The council articulated several issues with the proposed development plan. (1) The development plan represented an increase of 2,494 square feet above the total GRFA currently approved/calculated for Area A of Cascade Village, according to Town of Vail staff calculations made at that time. Direction to the applicant was that GRFA i should remain within the limitations of the current approval for Area A. (2) The proposed building heights ranged from 60' at the east wing of the building to 91' at the west wing. The allowable building height specified for Cornerstone is 71'. General direction was given to lower the building height and several council members directed building height to remain within the 71' limitation. (3) Other issues included the level of public benefit proposed in relation to the requested deviation from GRFA and building height, and questions regarding overall Cascade Village parking requirements and overall Cascade Village EHCT requirements. ' On April 15, 2008 the applicant also met with the Vail Town Council in an evening work session format to clarify height and employee housing comments made at the January 28 hearing. Additional comments made by Town Council included: (1) Keep building height at approved level of 71' (2) Maintain 50% of required EHU space on-site. (3) Add to the public benefit of the project by addressing the skier drop-off and snow storage issues at Westhaven Drive. RESPONSE TO TOWN COUNCIL DIRECTION. GRFA We haye revised the building plans to reduce GRFA by removing 3,092 square feet from the building. T'his,brings the building below the current allowance for Area A by over 500 square feet as had been previously calculated by staff. Since the April 15, 2008 work session additional information has been discovered by Town Staff that raises significant questions about the overall . GRFA calculations for Area A. This issue is beyond our control, affects at least one previous redeyelopment approval granted by the Tovcm and will need to be discussed in deta.il with Town Council. BUILDING HEIGHT The architectural plans have been amended to maintain a building height of 71'. This building height is in conformance with the building height limitations in the applicable SDD # 4 approvals and ordinances. ' EHU The plans have been amended to incorporate over 50% of the required EHU space on-site. Although this is not a requirement of this project the applicant will comply with the Town Council suggestion to include 50% of the EHU space on-site. The propvsed building GRFA is 48,407 sq. ft., the 10% required EHU space therefore equates to 4,841 sq. ft. In addition there is a 54.6 sq. ft. requirement for-the increase in size of the lift ticket sales office. Therefore the total mitigation requirement is 4,895.6 sq. ft. We are proposing 2,621 sq. ft. on-site. This equates to 53% of the required EHIJ space on-site. The remainder will be met via either pay-in-lieu or by an off-site provision. ` SKIER DROP OFF/SNOW STORAGE /PUBLIC BENEFIT , The applicant and the Town of Vail Engineering and Public Works staff have met several times to review this issue and discuss potential solutions. The applicant then developed a plan for the \ f . ~t._. r Westhaven Drive area that incorporated all of the Town staff suggestions and we believe adequately addresses the snow storage and skier drop off concerns. The plan provides a snowmelt system for a large portion of the cul-de-sac area, creates additional functional snow storage/landscape areas that are designed to be fully accessible by snow removal equipment, delineates bus lanes and skier drop off areas and presents a much improved design and landscape improvement to this area. The plan also includes theWesthaven Drive left turn lane and a sidewalk along the west side of Westhaven Drive to the Frontage Road intersection as requested by the Town staff. This plan was designed in conjunction with Town staff and has the support of the Public Works Department. Additional public benefits above and beyond the Westhaven Drive improvements include: • A committnent for an expenditure of $50,000 towards public art. This public art commitment will meet the Town of Vail standards adopted for Art in Public Places. • The significant improvements to the public skier experience that include a skier dedicated elevator that creates full accessibility to this chairlift, a covered skier access staircase, new lift ticket windows and offices, new public bathrooms and a snowmelted plaza with a firepit area. This plaza area is the most likely location for the public art component mentioned above. • A fully functional loading zone that will be shared with our neighbors, potentially eliminating the on street loading that often occurs at the conference center location. SUMMARY • The proposed revisions to the Comerstone building has resulted in a decrease in building height, GRFA and has reduced the number of proposed units to 22 free market units. The applicant has incorporated all of the input and recommended revisions from Town Staff and Toum Council. The project proposes significant improvements that will benefit the general public, the overall community and the neighborhood. The building height is consistent with the approved SDD. The bulk and mass of the building are in conformance with the bulk and mass of previous approvals for this site. • Attachment D Plant Legend D A EtJN13 KE NDERSOPo Y QiY BQiANICA1tdAA1E COMNONPIAAIE SQE iREES 45 Piceapm;•ns CobrsdoSpuee 10'•16' HI¢~ tradeA~Specmenqualiry. 65 PopWus UAmdoides Aspen 2"3° CalVer STORA6E 231 SHrtLIBs caus otbanWrdeanwpamvariegateaoopwd 95 con C A S C A D E C L U B -3-~ Can~sta9~ae RedTwigpoguaod #5CaM Cornussto!aniiera'bai' Isen4Dm,wmad 45Can[ a~~~ ro~. ~~a~ aluB cr~J~ as com L I F T S I D E ~ ~"J-t15. _ e ' ~c J~miperoussaMreau~'o~ s~sroeuprx #5cwL ~,"y-~ Rnusm ~ o~n~a~oa~ ~cw~. EXISTINC,~ ~1u~~ ~ ;~w~ R~~ s~ a~ co~ ~TREES n~ roRac€ ' ~ y , `-xfSTINGTREE3 aomnldhaftbcmdaamtffa JaclanansPoWmre S5cant Pmnusxcsloa PupleLeafPWn #5 CaK M EYlSTING SI~EWALI( R~esalpuum pneCu~t A5Conl spkasa japonice 'FmebW F,oebal spm #s cant W E S T H A V E N D R I U E Sprceanpparica'SnmmnouM' Snonmomd Sqrea A5Cmd - * ~ O Sq e Symga vulger~ Camman Pwqe tilac A5 CoM I 5'WIDE CONCRETE SIOEWAL!( i Sal&puryurea 'Naice' OwafBlueNdicVYlibm ASCant ~ Q RaearoHida'BicdM AuatnanCapperRose U , 6 RM uvadsi Netive Pink Woods Rase 06 Cad, I ~ SNOW ~ _$tlOVJM9.TED ? rs0 L1 vMES i STORAGE . ' TREES Paroienaassus~Ge YrcginlaCrwper A5Co f CONCRETE 7 Seaxe b masanry seedeleil tI2 PAVINC ~ Q \ S06lRNf+ ; ~ ~ W E" > ~ . . ~ ` ~ ~ ~ _ Q C/) ~ ata~locwERS ktConc.vravidesaalmmau+elora°pas TOPOFCONB WA1416 56, ~ Z W , urausi Kim~~krdd FLUSH WR H WA1KdY O Dehsperms nu6genun vellow Hardy Icepam JL~ HIGH RA Pa~dlavema'Na~a' CreeGiugPafadie = = - ' _ • ~ . - : 9,- . a ' . . ~ Phlox wWlata creapirgPMox ~.0~ w~~.~oow~Gssa 52 Sedum9ragare&ood oragonsBload 86.0+ 68.35 I TW 0-35 ~ VIJ Q - Thymus P~m Psedo~nugn~WaollY~ dARK MULCH 1 BARK MULCH J p T.W. ~ L V> CL W vince mlmr Periwlnide 68.0 74A ' T.W. N0.TIVE GWSSES W- Q x Y~ PERENNULS A1 CAdaiiers. Pmvida bM dt fa4' Pots T.W F 72A k.hl(lea MaaisNa' mmnstaneYaimn EIX'iE 0F R00F OR DECKABIVE GRADE 69 0 I Z O ¢ za.o« ~ Aappo~um pouegrare+la~gaWm'eislw~Vdesd P L A Z A T w - 2' HIGH STONE VBIEER PLANTER WALL ~ V po~P ,wW mwiemiau'aror.r,ppertal owwtBlue Faliaster 7e0 W I N G ~e"McKars rybr& caumbine rw,ISED PLANTER - CliNmntliemummer.imum Sha4taDa~y U U as rp~~grarvkim Granho Phks FJOSTINGASPHALTPATH Dicenha epecta6Yis Bleeding Heart Echirecee pupurea NPIe Canefimver GalWmodwbm SveetWaodnm ~ E BARI(MIACH ~ ~ 5RETE 48.0t CaIllardegrendiAaaEOryuidy' BwguKry6laftfA Fbwer p +480 M I"` INTERLOCKINGPAVERS GeraNum' JWmwres Blue' Blue Ganes6iq ~ P +48.0 Hemerslliehy6rbs OayNy _Q i- ! D~ 74,Or s f( TICKETSAI.ES Hoaleseihddene Pleimainlity . I ~ ~ . i48.0 sr~; , ~ . ~ - ; - ST 1 . _ _ _ . s•~-:uv FkgeneBl~reC~m Iriaslherica Siherlanlris . . .r r ~ ~a: ~ ~:i _ ~ ~ 2.~/ 41 .8+' liahiaepsate PNWeGeylalhar 8 2% NapelexlaesseoG Camr~t GQLOREO GONC. STEPS RudacWablpldaGaltls4an' BlackEyedSusen nk46.6 _ 2- 6'RISERS,2-16" S21vIeM Smperbe 3aIvH 4 t7 ~ r ~SKIERM E TREAD3 t;'.B8E~ r` cs„euu.m.v~.w.rre "Zs/ ~ ' - ~ s~ ~k eweYemucasoen ru1NE GRASSES SOC ' ' ' $OD .r ~ ' ° ~+r ~ U1WN LAWN , , • ~ ; . ~ . ~ oam: i SDO UWN 13 Nqustro7 60D Bubmitld y~ 20Jwro08 a ~ ~EX ING T ES EDGE OF E%ISTING PAVERS I IRRIGATION SYSTEM NI Man6rg beds wilh trees and FIRE PT shmbs and perenniels and groundcovers to be irrigaled 6 REMOVE E~STING PAVERS with pOp-up spray heads. Shmbs and irees in the netive EXISTING WASHEO GRAVEL • AUO E%ISTINGHEfNNING reveg area are to be dnp irtigated and the nadu2 grassed FOR COMRETE COVHtAGE i 'Qe yypL, tobe5pf2yedwithl2rgBfotOrheadS. EXISTINfiCHAIR-LIFfBASECARPET ! a STREEIER PRELIMINARY 7900 S.F. TOTAL IRRIGATED AREA ^ e ~~IAL LANDSCAPE CHAIR e ° e 5 PLAN uFr e a Q EXISTING TREES A sheet number TERRACE WING. NoatH 0 B' 18' 3T SCALE: 1° =16 -0" L 1 ~ ~ Z~ W U Z , a ~ ~ az~ ~ W5~ - . ~a~ ~ wa,c~ ~ ~ ~ ; ~ v~ MSTMO ~ nEVAIMM Ium1UM Buf Hi6 fi6A IRED A9 9E CEM W*ML AC1UlL onUSED v ` fl, ~ S jp~0/I W NR ~ ~A ~ ~y ~fiM M~ d ~ ~@ OOFS ~ IfID ID BE N 0.0.11 Q Q AtFRIM.Oalm AMO ~~Tm 0 y ~.Na dma" Z . S''o'k M.-M L ` 9MY110.t IfEA ] p Z µ ~ we, ~ Z- 2ILW ~ ° ~ m°° 'm ! 11 s-eus-+o 9~ i ~ OdM V/ ' W ~ r~o~e E= f; curAM auB • O Q W """PAvgu + ? WESIHAVO DMVE ? - m.----..e -..o. - T ~ !!1!',~ ~ ~:'rI~"~.i ~ Y . i~i::'i'u~ • ~ I~ 1!( ~ ~ ~ ~ r ~ ~ ~ i ~ ~ 1 ~ _ ~ ~ / K ,y Z ~ - _ r------ - ~ / 8 B d ~ U ~ 4 u g ~ 9AIFT ~ / o a~ Z o ~ PUU BELdN ~ iEARAfE'Mi1C ~ ('tRAPW('. $CAtE S ~ • (pl16[ ) 1 OF ttwp.80 R ~I RRELIMINARY - 'APPROVED CORNERSTONE DEVELOPMENT . PROPOSED CORNERSTONE DEVELOPMENT ' PER HOMA ARCHfTEC79 TC APPROVAL 118/88 ' • ~ y ou~~_ I , . • . . . ~ 000 z . ~ - - . . ~ . ~ . _ _ ~ _ _ - _ V~ . 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' . • ~ P o ~ LY . . .,~,1 . , ` k . ' ~ . . : f w ~ _ _ ' \I \ ~ ~ L~ _ ~ . . . . _ i Y ~ . . ~ ~ ~ . - . . ~ T~4 ~ 4b 9-omoifii"TYP ~-BLBV~ . ~o . . ~ ~ go ~y!6~, ~ r4n4o ~ ,b e~ t wmu~'~e n~aa,~we.av.n. I ~ $t~8e8f~.d +65.0 ~ ..~E~golz. O~ ~veq~¢LdPAOtllinab PH Or i ~-.-q~fE~.ILCKING P'a/P~5 ~ Pk Pik . . I 9440P- ~E.t.ow . . ba9'L o' 7Yt. . ' Date •.0" Von-I " ' . St + ~Y " 9•1b•47. Revbect. ~ M . : . _ ,416 riw is.wz sW~ ~ Sr+tev- WaerqF+ye *J"k Ract. •p~G~+al. ~ x 3.~1IR.L . . . O Ltej. Y ~ !i~lGQdt&F161a~tff. ~1Iq•o~. ~ 'f . _ . . ~ - 0:tl~ o r. " ~E W I P!G p r?m~Tw sr~eei?emiber . . , . Owl- I ' PIAN ~ _ / / / / / / / / / / i / / / / "`~'a b '1'd1~0~ldd ~Cbbl MO'13S 'dZlv'ld 4004 OE 51 5L o ~KM ~ N0SI21ddW0',? 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"Jw~ p ~t `.s~ '~'~'t rn~' ..a~ ~.q)A ~ .~b~ . , ' r , ~ro . k ,y;;: 1 q4 : . , ~a' ~ ~ ~ ~ e ..a ` r . ~ c! r, ` . , ~ n p ' . r t , ~ s x 'l ~ _ ~ 9. sc. : ~ " k. . a ~ : 1 " . ~ + m u J'r~ ~ . ~ ~ . . ° . ~ . { . . ~4 a n F ~ iq' g ` ......;~....~._a.,_:._ _ .__.,t~'•;. .,.i4._,..~3..s:* n.. , ~ .a.........~ _,..~xi.:.f..~ / ~ . . . , 9 3NIJQ N3/l'dHJ.SaM ac 1-41 ~I'I~ 3ab'vs'do . ~ O f9 ~ , t: • - , ' ' ~ ~ , . . , 4 ` 77-77.7 . 5 ~ - m r 7 u . . , ~ , . -it. 7f 5'~_~~ ~ , J_.. J ..i J' . ~i. 1y' ~t~ ) ' - ~ . , ~ ~ . . ! ~ ~ . x r . . . . . . _ ~ . . . ~ • ...'.L,ar .,Yi ` . r~e . d . . . . ~ . y!.-.. . , - , i s A L RI s ,t . ,t.. ~ ~~1 1 i . . ; . o~. §a^. ~r ~ ir n'i ~::s. z~ t r er aoo a4 ~ oa o~ ' ~ ~ V .n . . . s ~ ~ ~~ilr R a { i • . 0 r.~ ~ nt 1i-----,~ r------~ ~?J I FO-001 ~--J I L__~ ~_--r~___ NORTH ELEVATION Y i 0 ~ Iqq3 APPROYAL/MAY 2008 PI~OP05ED GOMPARI50N 19q3 APPROVAL 0 0 fl ff fi . k A , ~ y- _ ~ I - ' - 6 •4 • . ~ y V . a ~ r & Y~ : ZY', : u. . ~ . ~ . Y . 'M 4 Yp 7 t. . ~ . a 1 t ~z ~ uuui . . s . . .a. . . P t . . . L M . . v . . . . _ , , , - . ~ . . . . . a. ' . . 1 ' _ L Y . . : ^ , ..e .,A . . , . . ~ . . . l , n.' ' ' ~ ' - . . . _ ' ' _ . . . . t . ~ . . . . :d. = r • " ~~x S z 1 i ~ El 1A , y ~ FMil . . , ~ ' . . , « ~ . , , . , . ...a. . ' - - . ~ , . , r , . . r . ' L,. r , ~ - ~ i i P. . , ~ . , , ~ ~ ~ f I i ! i , _ -a ' : ~ •r } , _ y .::.L a. ~ ,y, r i. t i s• . t , ~ . , . { I s ~ z , ~ i r `s ; i Y f y , j, ~ • ~ , , J ; ~ h • + ~ ~ ? 50UTH ELEVP+TION MEN w.~ ioxsrm~°~„en vm. ~anm ~ ~y~etx aG O Q ~ ~ 1 5~ J ~O} pUA ot Q ~ ~ . • ' ~ r Jp 1 1 f _ r ~ i ~y i ^ ~ ! ~ y ~ • / ' ~ y - / ~i ! eM- ~ - _ d I~ ~ J 1 ~ / ! 1 ~ S, ~i w~** i ~ ; f/ / ~ ~ , 5,~ 2,p0a o~, iw s zo . . ~ ~ , 71 ~ - Ardftckp. ,moanm~a~awea . . vmmoiome1m kmaaaiw ~ Att 9MQ76I6@ O Q 8070 . / 1BOlO 5060 $B / `r ...,,,yyy ~ 4 11 I ' /r_____ ~iI/ r ~ ~ ~ - I ~ ~r 1 r r ` ~ Q ~ lU 0 4 , i G Z ~ , ~ I I- ,~.~z ~ I r~`'?~ r i i i I l - , ~ tu ~ } W ~ , ~ f ~ ~ ~ ` ~ • ~ - i , ~ • ~ I ' - - - - o _ I I ~ • / _ _ ~ ~ i/ , - - / - y`~ / so~ O ~ ~ ~ ` _ ~ / ~ ~ ~ ~ ~ ~ T ~ r-= " J i~ ~ ~ - - 0 ~ ~ - ~ • ~ , . . ~ i I ~ I II t i : I ~ I ~ ~ . i~ ~ 1 ~ q~~ IZ May '08 I 1 ~ ~ ..1 SGALE; 1° 10'-0° ~ / ~ SYreo! Number i i ~ roa / i / 2,DO ~ ~ ~ ~ - ~ ca,scADE cLUS u lmog~,~wW l~,~qodo8ll9 _ I~ ~ hkWRUA1W fa91d9A1612 ~ O Q ` ~ ~ A9J ~ Q v ' n 4a e e i i f: ~ ~ I ] 3 4 B I' ~ '1 B ii____" _"""i" ~ Z3 44 21 1 ~ V` 10 i1 II 12 19 14 IS 16 11 18 i i 19 i C. _ II .p - - ' 11J m 1 ~ i '--~i------ - I _ -_______-I I tl. II I ~ I I ' PARKING GALGULATIONS ~ ~ w corDOs aooo 90 rr x 2 sPncesnnarc , ee sPnces - 9 CONDa >2000 Sp FT % 15 SPACESNNIT • 75 SPAGES ~ 4 BiU'S Q000 5Q FT 1f 2 SPAGE5NNIT e 0 SPACfS RAMP IA° ~ TOfAL NEEDED n 54 BPAGES 9 I SUPPI.IER 99 LOWER PARKIN6. ZI UPPER PARKIN6 = 54 SpqGES ~ ' ~ eevo • ~ ~ ~ i i i ~ -------1 . i i i II_'___" ________I j ~I 6NATR p1 32 51 90 14 26 4 71 26 T ~i ~ pG - t i rawn i ' ~ uwei ` ~ i.nam~r.wa Y ~irlbb~~ila~a~.a6tlrsMv.c atl . A~' ax~a ~ . seew i i '~~~a~. 1 a~tP~ti 41MfPV> ~ ? 4 ~ d ~ J L ~~~'06 I LOWER LEVEL PARKIly6 - LYL 36'-0" . , , 0 15~~15 30 Feat SGALE: I' =10'-0' GR055 FOOTAGE = 20,304 SQ FT PLAZA SKI LIPT ~ ; ~ sheet w,mbor TERRAGE WIN6 ; ~ , ' A2.01 , , , i GASGADE GLUB ~ AmhftcbL P~ roma n«m~e1~1 wr . . Vdl,Cahado8llA I~,~, ~ ixvmmaiw aevm.vaieu ~ Q ~ J Q~0 ^9' Q z ~ Q V1 < 1 7 3 4 Q 5 i~ 6 'I B ' . w~wmMrte ~ '______q B 1 6 5 EHU `7 i~_' 4 1 ~ 10 ~ II 14 13 14 15 } ' Z u _ Il _ h ~ i 4 ~ ~ ~ 14 73 24 4 t 1------ I : I; b 2I n ie w so , ~ is W g 551 \ i i i I7 0 JO q n, t • ~ ~ 16 IS 14 19 i 14 y~` . Up ~ ' ~ A31 ln 40 . ~ ~ .•a' ~ : ~ i I 4 3 4 i`' 6 ~ 0 I'I 18 19 40 21 22 e ~ ~ A ~ ~ • ! 'i ~ ' \ ~ I + 45 ~ RnMrvawN ------u------- - , ]I i G 4 ia p n ib . q u ~ - I T N!B ~l I hbyyp~w~iq~d . F? 6M'-0' _I MMRRd4~ - atreolMi ~ I ~ ----n . - ~ . 1z Mcg ,06 ~ ~UPPE12 PAi2KI116 - PLAZA LVL 48'-O° ~ 0 7s is so voot scni.e: i. , io,_o" • 6R055 FOOTAGE = 19,961 SQ PT PLAZA c~ SKI Llf"f ~ 5heet Numbar T~RRAGE WIly6 , , ~ A2.02 , ~ ~ ~ , GASGAI~ GLl1B . , ~ iN7S FoMapeRd Wai ' Vd,C4laokBl69 I~, ~ t vmneiur t. rmcvmotaiais wFSrwAvEx DRivE Q ~ 60,10 ~ I n ^ O \ ~ u iK ~ - - - - - - _ , , . LU ~ ts) ~ 1 ~ r 65 F-1-lU I EHU 2 ~ hotn~re~. rawrnre~. ' ' l ~ ~ 4 f o wx ' ` tu ~ / tu N, 1--1 65 UNIT 4 ~ . } RAMPVOWN ~ 62 EHU 3 t UNIT I UNIT 3 UNIT 2 60 . ~ ~ g i " - ~ - . : - ~ '08 ~ L wesT Ha,vex DRive L ~ I 6ROUND LEVE - 62'-0° W5 0 "IS IS 30 Paok SGALE: I" = 10'-0" - GRO55 FOOTAGE = I5,187 SQ FT PLAZA SELOW SKI LIFT i i TERRAGP WIIN& 5hoe! Number ~ ~ ' A2.03 ; , , , GASGADE GLUB ~ EMPS ArdftCh,P~ ioooakaa~.rtaw.r vmodaameiaa I~ ~ filW0,06110 tme4lGmAi6@ WESTHAVEN DRIVE 0 Q J #1 ~ ~Lo~ ~ Z - - - - - ~ O z LU e s - . ; o ~ . ~ " ' 1 0 _ ~ W i ; r- , _ ~ ~ ~ i i i ~ ~ ~ sKIER PAS5A6E a UNIT 10 UNIT 5 UNIT 6 ~ aw•a Q UNIT 7 UNIT Q ~ 'Y i,{`' . ~ - • ~ ; : ~ i ~T o°i~~rc UNIT _ 9NAtOR . ,l - MF . ~ ~ d fkFOt J L 12 ~ ~08 ~ wEsr wavex DRive ' I LEVEL ONE - '1'1'-0"/'74'-0" . ~ 0 -75 IS 90 Poak SGALE: I" =10'-d' GR055 FOOTAGE =16,811 50 FT PLAZA BEIAW 5KI LIFT ' sneet ru,mbor ~ , ~ ~ ' A2.04 ; , , , ~ Archffects. ' . I000 Skmlq7oAdlYad vd Cdarado 8I69 - fd910A7GIlU ` faC 970.EI6.1614 O I r ~ 0 ~ Q Q 0 ~ Q. ~ ~ z , . ~ ~ A o _ _ ~ = ~ ~ ~ , lu V } W ~ ~ , ~ ! ~ ~ - ~ r- ~ ~ In I 70 ~'IM . PA55A6E ~ i,.". p UNIT I6 UNIT II ~ UNIT 12 - 0 , UNIT 13 1 i , . 11 Y' UNIT 15 77 _ ~ _ _ , , . UNIT 14 - - - - _ - , i~ ~ - - - - . . . TA . . . . ' : L ~ . ~ L . 12 Mcg 'o5 LEvEL rwo NmT", Nmm. ~ 0 "IS 15 30 PeeE SGALE: 1° = IO'-O' • . GR055 FOOTAGE = 14,284 SQ FT sn~t w,~ . A2.05 . ~ ~ .y.~. lam a~~~ ~~al~ tat 97OA76.1 ,m , fac 910,00.1612 O Q ~ O Q Q 0 zo} _ ~ ; ~ _ . _ - - - ~ _ ~ o LU kn - lu ~ F- I 'i '\j 0 N lu O .y I ~ I , 0 • • ~ . : . ~ I ' Alt IIII 1F Q 9 ~ ~ ~Y ` : j Ill ~ ~ ~ • Q 05a J ~ I ~ ~ ~ ~ ~ ~ y ~ • ~ a ' ~ 0 ~ ln UNIT 17 UNIT IS QASSAGE r UNIT Icf a~ ' ~ I Br=LOW UNIT 22 UNIT 20 UNIT 21 - ~ ' , _ j.._ - _ . , " ~ . , . axo ~ ~ ~ - . . ' . . ! _ _ _ _ - • .a.~e ~ ba~e~ivs~ awe Ha~ Z . . . _ q . . , - , , ~ . ~ , 12 May '08 ~~LEVEL THREE - 99'-0 0 '75 IS 90 feat SGALE: I" _ 10'_0" GR055 FOOTAGE = 14,115 50 FT 5haat Numbar ~ A2.06 ..~.~o~ ArdffectL P. IOOUekml~sAdN'ed r ' vma~omeiw t&awmano pu 470.Q6,1614 O Q 1--1 # 0 A91 ~ Q O / . zw - - o 0 L F J LU z FL w "p LE 4 \ a 0 i i' SiCIER i ~ ,a~aM v mm~ PA55A6E I i ~ BELOW ~ I T 22 i ~ : UNI OL UNIT ' ~ - ~ I L_ ~ yriurwer.~ I I ~ ~ ~ I .muuda I L__-_- L 12M~'Oe Q ~L~YEL 7'Hi~E LOFT -106'-O" ~ o ,s is so Peet scnLE: i° = 10'-0° . GR055 FOOTAGE = 4,605 5Q FT • 5healNumber A2.o I i • i ypus~°'a~ vm,~yna y~,pa1eu rox I Q r 1~ i i J f- ~ tf I ! /I 1!1 I! IJ ~ it 1(~ iXA I `1 r..--. ~ I 1 II bt a p 1 ~ ~ i ~-----t-- - ~ , \ S i~ ~ ' ~,/i~// i ~ •V ~ ~ - - . . ~ ' ~ eV~ j7 M~! ~08 ` ` ~tlf- l _ - ~ - - ' - ~ 1 ~A`aca a~~,a+~"w yh.,t ,'II' ABOYE PLAZA~ AMhOeCtLP.mW.~ ~d.Cakr~O8,657 " teE 4/0.47AII4 Imc 970.476.1612 ~-y e ~ 10 : j1 :l~~J:.'~~~:~ • _ 3L d~ r : nnn F 5 ~:roL .,F' ~ 4 L •nr~..' f, s A ~ 'a ' ~ • eSxC:cP.k'~,. ~B , ~ ~ ;S , . ; :i DM ~ . r SPYfFN' ~ ~ 1y \ IF. s. m FMI - 00 ~ 000 Q Q ~ BM Fool . m PO r ED m h~ . ~ ` -----"---~eon ~ ~ . N r • . I _rrrr I - ? T . ~ t OPf11W y Q ' r TYIlYQCGt O \ I I I I -l roidaW i ` _ _ _ _ _ ,j 2M ~ I__~____l r~d4=7V1,-~ 1 r--, ri l ? I L i W6C4 41 Z ~ ; O z W ' r----~--------------------°-----------•°---~---~----------°-------•°-r--~-- ` i v ~ELEvATiox xoRnH a wEsr waveH DRive Wper Parko-g/Plma 0 l5 15 30 Peet i J SGALE: 1° = 10'-0" i tu ' z- > OoQ ; ~ ~ . . , ; ` ~ . , t ww~°~v+rd.nc p ! aarnwwa t p . n JQMtlFtle~ P.C ~ F01 FOI FOI b ~ ? ~ 12 May '08 • ' ' ' ' . -~E_ ~xwui.secn~ria Y E= IV _ e - ewe xwe W{:~- ' ~ i i i i i i ureerNaas i i 0 . I I ry I I I I wy I I ~EI.EVATION: WEST 051-'IER PA55A6E n EL~VATION: YVPST a LIFT 51DE ~-9 ~LE7S = 1O1 30 feet SGALE I" = lol 30 feet A3.1 . ~ Ntli9ecA. P.c ~ 1000 S. Nmfgs Rd Wed Vd.Cdaatlo e1657 ro~ omms nn 'll iAGM /C OI A 7 A r ~.rv.r~ fac 9NUAib1P ~~uv v ~ - ~ 12 e~ e e . ' . „ . . „ : ` - , , : ~ . . , ~ a. . . gL j ) ~ F: : , . . . h pa ~ N . b: . ,q . m ~ t ''r ~ ,n.:.:. , ~ . ' r.• . r. . . r ~y : - . - - - . . . . - e~., :..;e. . lat, ~ 00] ~ Ell 144 2 a ~ ~ ~ \ ~ ~ _ . ~ ~ ` 61 F=Mo z ~ ? 0 z ui O ?'sc,:~ O 0 O ~rT f f tu V . 2 ~ ? ? ? ? ? ~ Z 1L } PIAZA LEVEWppar PcrhJtg tu ~ ELEVATION: 50U'M ~ SLOPE SIDE O ~ Q 0 75 15 30 feat SGALE: I' = 10'-0" ~ V i i ~ 12 - - - - - nw i i.w~° em~ a I ~ I . ~a e wea .rc i q~ ~ d ~ Fil b a a ~ ~ Data ~ '081 _ ~ o a ~ ~ u - ~ i r - - • ' - ' r_ i arort n~m~ i Q .t , r~ w n rrawxwma~ww~ ~ ~ i i ~ • . ;~'t,~ . ~'hrt' 4 I U I rtrk~y~ ~4f ~f t INIXIIN I ~f I ~ u't~~'4~~.*.~_'`• 1 ~ ~ m ~ ~ N DO/p 1 OWp I .•N Gdp EL.~YATION: EAST 11911,IER PA5SA6E ~ ~ ELEYATION: EAST ~ GASG/~DE ; ~iee° ~"'~70f i f~~~=_Z . . ~a IY IV I ~r IS = 101 -0 30 Peet - i O '15 IS 30 Paet SGALE ~ SGALE: I' = 10'-0" i . e ~ . iudCecle.pc ~ 1000 S kanNpe fW. We9 ~ . Ym. Cdaudo 81657 ' tek910.0)AI1d1 fmc 9I0.47AI612 On ~ # ~ 0 i+i O \ R qz , 3 li..~'tf _ .g {LI . .e.. . . 4.. . ~ . ~ v:. ' . . .A , , ~F--lI r~l ~l1 I _ NORM 81'R 9.EJA'll0f! i ,.i " ~ ~ wmr.m<° v n`-ro'r.s z~} ~ ~Qa f ~ ~ ~ ~ ~ v $gW°- x P ~ ~ OLP J Plal A ,P- ~ ~ . i 3M ~ , m ? 110 m ? ,m 0 ~ m ¢ a a ~ ~ I ~ t ~ ~ ~ I' ? ~ ~ ? w ~.c ~ ~ ~ ~„xi• ` ~ 3~~ ~ ~ ? rm m ~ ~ ? .m~ ? ~ m, ~ ? ~.~.a r • _ ~ r w "r~:___ ° ? ~ I ~ ~ti~~~"w~.~ _ ~ m ~ ? ~ ? 1ID m ,iM..n, Fl ! IE ;m m , ,r" ~ ~ . ~ '01D ~ - ~ ~~.3 ~ o ' lm aamce,c.c imo s nmr~ an wm . ' Vd,CdaabBlA9 roL vromenn ravmnaia1s , ' 77, ~ , ~ . ' .3.- : : ~ ~ ~ , . SxA I 1 1 ~ .F i - J - _.._._.._._.._.1._.-~..~___.._. n eAsr eEVA,a,. LB-TOW e ~ z ~ 00~ lu ! ~ ~ ' - - O ~ ~ ~~~!2 { ~t_ ' V• ry I ~ $ o $f 4 1 ~'a~ '*~h 1 I,~FAai9d~~d; S:'z ~ 819r~EJMiOHa IdT.71GEA ~ . a o' v~--~r . . awa r. 5e ' NM1v~fatlNbm . , MhamlYrpa edYMbMwd~M~YY~ ~ vFpX,NerytTrpq~y NePP~wMtllnaAnL~ce~e~4~~ I] May '08 ~ .;~L ~ ~~_•k _ S1FOtNumber Eg A5.4 9 e~srsneee/hnar~uns~e • o v a r ewa r. ara r MEMORANDUM TO: Town Council FROM: Community Development Department DATE: July 1, 2008 SUBJECT: Ordinance No. 12, Series of 2008, for a prescribed regulations , amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. (PEC080103) Applicant: Town of Vail, Planner: Bill Gibson 1. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a first reading: of Ordinance No. 12, Series of 2008, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. The Town of Vail is proposing to streamline the conditional use permit application review process through the following: e Allowing all Employee Housing Units as permitted uses, rather than some EHUs being conditional uses; and, • Allowing communications antennas and appurtenant equipment as permitted uses in the General Use, Housing, and Commercial Core 3 Districts (they will remain conditional uses in all other districts); and, • Allowing ATM's as permitted uses in the Commercial Core 1, 2, and 3 Districts and the Public Accommodation District (Vail Village and West Vail areas); and, • Allowing amendments to conditional use permits to be reviewed administratively. II. BACKGROUND At its June 23, 2008, public hearing, the Planning and Environmental Commission forwarded a recommendation of approval for Ordinance No. 12, Series of 2008, by a vote of 6-0-0. III. STAFF RECOMMENDATION The Community Development Department recommends the Town Council approves, on first reading, Ordinance No. 12, Series of 2008, for a prescribed regulations amendment . to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. Should the Town Council choose to approve these text amendments, the Community 1 v y Development Department recommends the Town Council pass the following motion: "The Town Council approves, on first reading, Ordinance No. 12, Series of 2008, an ordinance amending Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth , details in regard thereto. " Should the Town Council choose to approve Ordinance No. 12, Series of 2008, on first reading, the Community Development Department recommends the Town Council makes the following findings: "1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town, based upon Section VI of the Staff inemorandum dated June 23, ' 2008, and the evidence and testimony presented; and, 2. That the amendments further the general and specific purposes of Zoning Regulations, based upon Section Vl of the Staff inemorandum dated June 23, 2008, and the evidence and testimony presented; and, 3. That the amendments promote the health, safety, morals, and general welfare of the Town and 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 Section VI of the Staff memorandum dated June, 23, 2008, and the evidence and testimony presented. " V. ATTACHMENTS Attachment A: Ordinance No. 12, Series of 2008 Attachment B: Memorandum to the PEC dated June 9, 2008 Attachment C: Memorandum to the PEC dated June 23, 2008 2 - Vail Town Council Attachment A ORDINANCE NO. 12 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-2, DEFINITIONS; ARTICLES 12- 6E, RESIDENTIAL CLUSTER DEVELOPMENT; 12-617, LOW DENSITY MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE-FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-713, COMMERCIAL CORE 1; 12-71), COMMERCIAL CORE 3; 12-7E, COMMERCIAL SERVICE CENTER DISTRICT; 12-717, ARTERIAL BUSINESS DISTRICT; 12-8A, AGRICULTURE AND OPEN SPACE DISTRICT; 12-813, SKI BASE RECREATION DISTRICT; 12-8E, SKI BASE RECREATION DISTRICT 2; 12-913, PARKING DISTRICT; 12-9C, GENERAL USES DISTRICT; CHAPTER 12-13, EMPLOYEE HOUSING; AND CHAPTER 12-16, CONDITIONAL USE PERMIT, VAIL TOWN CODE, TO ALLOW CERTAIN CONDITIONAL USES AS PERMITTED USES AND TO ESTABLISH CONDITIONAL USE PERMIT AMENDMENT PROCEEDURES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on June 23, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that the amendments are 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 Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and 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 Section VI of the Staff memorandum dated June 23, 2008; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented. ' ~ Ordinance No. 12, Series of 2008, first reading NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2, Definitions, Vail Town Code is hereby established as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted): _ PUBLIC UTILITY AND PUBLIC SERVICE USES: Any structure, not otherwise exempted from the definition of "structure" elsewhere in this title, which is reasonably necessary to facilitate adequate public utilities and public services. Public utilities and public services shall include, but not be limited to, distribution, collection, communication, supply or disposal systems for gas, electricity, water, wastewater, storm water, . telecommunications, irrigation, solid waste, recycling, and other similar public utilities and public services. For the purposes of this title, public utility and public service uses shall not include public transportation facilities, sewage or wastewater treatment facilities, sanitary landfills, salvage yards, storage yards, ef business offices, or communications antennas and appurtenant equipment. USE, ACCESSORY: A use or activity that is subordinate and incidental to a permitted or conditional use. USE, CONDITIONAL: A use or activity with unique or special characteristics that requires additional review to ensure they are located properly with respect to the objectives of the Zoning Regulations, and to ensure their compatibility with other surrounding uses and the town at large. Due to their unique characteristics and the potential for impacts to adjacent uses, conditional uses are often allowed subject to specific limitations and conditions. USE, PERMITTED: A principle use or activity allowed by right within a zone district. Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows: 12-6A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Equestrian facilities located on five (5) acre minimum lot size area on pr.operty bordering public land. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14=12 of this title. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Section 3. Article 12-613, Single-Family Residential District, of the Vail Town Code is hereby amended as follows: 12-613-3: CONDITIONAL USES: 2 Ordinance No. 12, Series of 2008, first reading The following conditional uses shall be permitted; subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels.' Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 4. Article 12-6C, Two-Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows: 12-6C-3: CONDITIONAL USES: The following conditional uses 'shall be permitted in the R district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. ~ Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 5. Article 12-6D, Two-Family Residential District, of the Vail Town Code is hereby amended as follows: 12-6D-3: CONDITIONAL USES: ' The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Funiculars and other similar conveyances. . Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. - Ski lifts and tows. Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows: 12-6E-2: PERMITTED USES: 3 Ordinance No. 12, Series of 2008, first reading 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Business offices, as further regulated by subsection 12-16-7A13 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Professional office, as further regulated by subsection 12-16-7A13 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. , • Section 7. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: ' 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Gmr+lnvee L.In~ i inn 1 IniF f~ ~r4her ro~~ J.~~er! hv nh~n4er nf ~F+ic~ Ii~lc ._J~.~--- ----'r--- Section 8. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. . Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. 4 Ordinance No. 12, Series of 2008, first reading Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. , • Section 9. Article 12-6H, High Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 12-6H-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. iCG r! hv nh7r~fc GTfG~p'Tiv• r 'I 4 r~f 4hic~ 4i~lc Gmr+leycc 14 i+cinrI Ini~c+cfRR~ ~rFTfF~oGT r ro~+~ TG9VJa~c , 7r'G~ •v v~ a~~.v •av. Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended as foltows: 12-61-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicyc(e and pedestrian paths. Communications antennas and appurtenant equipment. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: . The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed. subject to a conditional use permit: Automated Teller Machines (ATMs) exterior to a building. 5 Ordinance No. 12, Series of 2008, first reading Banks and financial institutions. Business offices and professional offices as further regulated by section 12-16-7 of this title. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling ' units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools: Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. Cmnlnyec I..Inusinn I Inits as furFhor Fci+uJatcrl hy nhanFer 1'2 nf ~hi~ 4i41e , • Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows: 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Employee Housing Units, as further regulated by chapter 13 of this title. Automated Teller Machines (ATMs) exterior to a building. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: , Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Fractional fee club units as further regulated by subsection 12-1677A8 of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying befinreen ten percent (10%) and fifteen percent (15%) of the total 'gross residential floor area of the main. structure or structures on the site. ° Major arcades: Private clubs and civic, cultural and fraternal organizations. 6 Ordinance No. 12, Series of 2008, first reading Private parking structures. Private unstructured parking. Professional and business offices. Public and private schools. Public buildings, grounds and facilities. Public parking structures. Public parks and recreational facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions.. Ski lifts and tows. Theaters and convention facilities. Cmnlnvoo I...Inusinn 1 Inits, as furFhor renuIaterl hv rhantor 13 nf this fi+lo • Section 12. Article 12-713, Commercial Core 1 District, of the Vail Town Code is hereby amended as follows: 12-713-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 1. Retail stores and establishments, including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. Bookstores. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Drugstores. Florists. Gift shops. . Hobby stores. Jewelry stores. Leather goods stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Sporting goods stores. Stationery stores. Toy stores. Travel and ticket agencies. . Variety stores. Yardage and dry goods stores. 2. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. . Cocktail lounges and bars. Coffee shops. 7 Ordinance No. 12, Series of 2008, first reading Fountains and sandwich shops. Restaurants. 3. Lodges. 4. Employee Housing Units, as further regulated by chapter 13 of this title. 5. Additional uses determined to be similar to permitted uses described in subsections B1 and B2 of this section, in accordance with the provisions of section 12-3-4 of this title so long as they do not encourage vehicular traffic. 6. Automated Teller Machines (ATMs) exterior to a building. ; 12-713-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: B. Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the ` provisions of chapter 16 of this title: Dog kennels. Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Theaters. ~mnl~~i ~e 1-Ir~~ ~c~in~ ~ ~ni~ f~ ~rFhcr re~~ ~1~+4cr1 h~i nh~n~cr . ~~2 nf ~b+ic~ 4i4le•'•~^=r:_~-->- - -------a ------c ~+c~ ~ 12-713-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: B.Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: S. , . Section 13. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows: 12-7D-1: PERMITTED USES: The following uses shall be permitted in the commercial core 3 district: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Communications antennas and appurtenant equipment. Eating and drinking establishments, including the following: Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. , Restaurants. - Employee Housing Units, as further regulated by chapter 13 of this title. Health clubs. Personal services and repair shops, including the following: . Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. 8 Ordinance No. 12, Series of 2008, first reading ry Laundromats. Shoe repair. Small appliance repair shops, excluding furniture repair. Taifors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. Bakeries and confectioneries, preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. . Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. ' Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. , Health food stores. . Hobby stores. ' Household appliance stores. Jewelry stores. Leather goods stores. . Liquor stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 12-7D-2: CONDITIONAL USES: The following conditional uses shall be permitted in the commercial core.3 district, subject to issuance of a conditional use permit in accord with the provisions of . chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. 9 Ordinance No. 12, Series of 2008, first reading Brew pubs. , Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. Drive-up facilities. Major arcades. ' Massage parlors. Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. , • Section 14. Article 12-7E, Commercial Service Center District, of the.Vail Town Code is hereby amended as follows: 12-7E-3: PERMITTED USES: r The following uses shall be permitted in the CSC district: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges and bars. Coffee shops.. - Fountains and sandwich shops. Restaurants. Employee Housing Units, as further regufated by chapter 13 of this title. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. - Small appliance repair shops, excluding fumiture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the fo{{owing: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. 10 Ordinance No. 12, Series of 2008, first reading Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broacicasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Bowling alley. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Communications antennas and appurtenant equipment. Dog kennels. Major arcades. Multiple-family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. 11 Ordinance No. 12, Series of 2008, first reading Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Cmplevoo 1--Iouc•inn 1 Inilc nc fur4hor rern uIn}od hy nhan4cr 13 of 4his 4itlo , , Section 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby amended as follows: 12-7F-3: PERMITTED USES The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the first (street) level: , Cocktail lounges and bars. Coffee shops, fountains, sandwich shops and restaurant. Employee Housing Units, as further regulated by chapter 13 of this title. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first ' (street) level: Beauty and barber shops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Radio and television broadcasting studios. Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8,000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. Florists. Newsstands. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. , 12-7F-4: CONDITIONAL USES: A.Enumerated: The following conditional uses 'shall be permitted in the arterial business district, subject to the issuance of a. conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a building. . Bed and breakfasts as further provided by section 12-14-18 of this title. Brew pubs. Child daycare centers. Communications antennas and appurtenant equipment. Microbreweries. Private unstructured parking. Public buildings, grounds and facilities. 12 Ordinance No. 12, Series of 2008, first reading Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. Emnln~ioo 1-In~ iSinn I Inits nc f~ ~r}hor rem ~I~to~ hv rhan4cr_ 1_3 nf Fhic_tifl~ r•-~ - ~a - ~ . ~ Section 16. Article 12-7G, Heavy Service District, of the Vail Town Code is hereby amended as follows: 12-7G-5: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Animal hospitals and dog kennels. Automotive service stations. Building materials stores. Business offices. Commercial laundry and cleaning services. Communications antennas and appurtenant equipment. Corporation yards. Machine shops. Motor vehicle sales and services. Repair, garages. Repair shops. Seasonal plant product business. Sexually Oriented Businesses. Ski lifts and tows, and accessory dwelling unit for service personnel. Tire sales and services, including retreading and recapping. Transportation businesses. Trucking terminals and truck service stations. Warehouses. Woodworking and cabinet shops. Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof. Additional commercial services determined to be similar to the conditional uses set out in this section in accordance with the provisions of section 12-3-4 of this title. Section 17. Article 12-71-1, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows: 12-71-1-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Brewpubs. Coin operated laundries. Commercial storage. Communications antennas and appurtenant equipment. Private outdoor recreation facilities, as a primary use. 13 Ordinance No. 12, Series of 2008, first reading Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Seasonal uses or structures utilized for more than fourteen (14) days. Single-family residential dwellings. Ski lifts and tows. Television stations. Two-family residential dwellings. Additional uses determined to be similar to conditional uses described in this section, in , accordance with the provisions of section 12-3-4 of this title. Section 18. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is hereby amended as follows: 12-71-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Automotive service stations. , Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare centers. Commercial storage. - Communications antennas and appurtenant equipment. Laundromats. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public parks and recreation facilities. Public utility and public service uses. , Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehouses. Additional uses determined to be similar to conditional uses described in this section,.in accordance with the provisions of section 12-3-4 of this title. Section 19. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows: 12-8A-2: PERMITTED USES: The following uses shall be permitted in the A district: Plant and tree nurseries and raising of field, row and tree crops. Public parks, passive and active recreation areas, and open spaces. Single-family residential dwellings. Employee Housing Units, as further regulated by chapter 13 of this title. 12-8A-3: CONDITIONAL USES: 14 Ordinance No. 12, Series of 2008, first reading The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapfer 16 of this title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than two hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreafional facility. Cemeteries. Communications antennas and appurtenant equipment. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. Religious institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. , . Section 20. Article 12-813, Outdoor Recreation District, of the Vail Town Code is hereby amended as follows: 12-813-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses. Cemeteries. Equestrian trails, used only to access national forest system lands. Communications antennas and appurtenant equipment. Public parks and active public outdoor recreation areas and uses, excluding buildings. Public utility and public service uses. Seasonal use or structure. Ski lifts, tows and runs. Well water treatment facilities. Section 21. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as follows: 12-813-2: PERMITTED USES: F. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-813-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and breakfast as further regulated by section 12-14-18 of this title. Child daycare center. Cominunications antennas and appurtenant equipment. Food and beverage cart vending. 15 Ordinance No. 12, Series of 2008, first reading Public, private or quasi-public clubs. •Recreation room/minor arcade. . Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. Redevelopment of ski racing facilities. Redevelopment of water storage extraction and treatment facilities. . Seasonal structures to accommodate athletic, cultural, or educational activities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. , Section 22. Article 12-8E, Ski Base Recreation 2 District, of.the Vail Town Code is hereby amended as follows: - 12-8E-2: PERMITTED USES: A:The following uses shall be permitted within the ski base/recreation 2 district: Eating and drinking establishments including the following:, Bakeries and delicatessens with,food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shop. Fountains and sandwich shops. Restaurants. Employee Housing Units, as further regulated by Chapter 13 of this Title. Lodges. Private or public off street loading facilities. Private or pub{ic off street vehicle parking structures. Public parks and outdoor recreation facilities. . ` Residential uses including the following: Accommodation units. Multi-family residential dwelling units. Single-family residential dwelling units. Two-family residential dwelling units. . Ski base oriented uses including the following: Commercial ski storage on the basement or garden level of a building. Retail stores and establishments. Ski lifts and tows. Ski patrol facilities. . Ski racing facilities. % Ski school facilities. Ski trails. Skier and guest services including, but not limited to, uses such as.basket rental, lockers, ski repair; ski rental, lift ticket sales; public restrooms, information/activity ' desk. Snowmaking facilities. Special community events, including, but not limited to, ski races, festivals, concerts; and recreational, cultural and educational programs and associated improvements/facilities, subject to the issuance of a special events license 12-8E-3: CONDITIONAL USES: 16 Ordinance No. 12, Series of 2008, first reading The following conditionai uses shall be permitted in the ski base/recreation.2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: • Brew pubs. Communications antennas and appurtenant equipment. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. Gmnlnvoc I-Inusinn I Initc, as fur4hor reguIatcrl hv Ch'+n}er 14 of 4hi Titlc ' • Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of section 12-3-4 of this title. ' Section 23. Article 12-913, Parking District, of the Vail Town Code is hereby amended as follows: 12-96-2: PERMITTED USES: The following uses shall be permitted in the P district: Private or public unstructured off street vehicle parking. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-913-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of chapter 96 of this title: - Communications antennas and appurtenant equipment. Major arcades. Parks and recreational facilities. Private or public off street vehicle parking structures. Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this section, a"temporary construction staging site" shal( mean a site on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored: Cmnlnvec 11 - ~ in .y n I In ~ ,it~, n f~ ~rFher ren~ ~I~+Fer! hv (`~+~+nler 1'.2 nf 4his Titlc „ . .,~c. ~ ~ w~ ~ . 12-913-5: DEVELOPMENT STANDARDS: Development standards in each of the following categories shall be as prescribed by the Planning and Environmental Commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. Section 24. Article 12-9C, General Use District, of the Vail Town Code is hereby amended as follows: 17 Ordinance No. 12, Series of 2008, first reading I 12-9C-2: PERMITTED USES: The following uses shall be permitted in the GU district: Bicycle and pedestrian paths. ' Communications antennas and appurtenant equipment. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space 12-9C-3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permitted in the GU district, subject , to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. - Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Public and quasi-public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. , Public unstructured parking. ~ Public utility and public service uses. lines anr! nnnurFcnant cnuinmcnt Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Gmr+ln~ive I..I ni inn I Ini~~ .+q f, i l+ rFor re~l dnFoe-l h~r (`hnr~4nr1nF 4hic• Tiilc cn . . -..~r'_' ' _ ' Water and sewage treatment plants. Section 25. Section 12-13-4, Emplojree Housing, of the Vail Town Code is hereby amended as follows: \ 18 Ordinance No. 12, Series of 2008, first reading 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSlNG UIVIT (EHU) TYPE EHU Zoning districts Ownership/ Additional GRFA Additional Site Garage Parking Minimum/Maximu Density permitted by right er-~ Transference Coverage / Credit/Storage m GRFA of an sendit4eaa4use Reduced Requirement EHU Landsca e Area Type I °°F~ngd Usei The EHU may The EHU is entitled SITE COVERAGE: Allowed 300 sq. Per Chapter N/A The EHU is Primary/Secondary be sold or to an additional The site is entitled ft. of garage area 12-10 as a allowed as a Residential, transferred 550 sq. ft. GRFA to an additional 5% per enclosed dwelling second unit Two-Family Residential separately. deduction. of site coverage for vehicle space at unit. on the (only on lots less than the EHU. a maximum of 2 property. 14,000 sq. ft. in size) parking spaces LANDSCAPE (600 sq. ft:). AREA: All units not The site is entitled constructed with to a reduction of a garage shall be landscape area by required a 5% (reduced to minimum 75 sq. - 55% of site area) ft. of storage area for the EHU. in addition to normal closet space. This 75 sq. ft. shall be a credit for storage onl . Type II o°Fm'+,-~-Use; The EHU shall The EHU is entitled N/A Allowed 300 sq. Per Chapter 300 sq. ft. min. The EHU is Single-Family not-be sold or to an additional ft, of additional 12-10 as a and allowed as a Residential, Two-Family transferred 550 sq. ft. GRFA garage area for dwelling 1,200 sq. ft. max. third unit on Residential, separately from deduction. the EHU. unit. property. Primary/Secondary the unit it is All units not Residential associated constructed with with. a garage shall be Gend*teeRal . required a Agriculture & Open minimum 75 sq. Space ft. of storage area +n addit+on to normal closet space. This 75 sq. ft. shall be a credit for storage onl . 19 Ordinance No. 12, Series of 2008, first reading Type III Pe:^~R'-'°T,..:~ ~Usei The EHU may The EHU is N/A N/A Per Chapter A. Dwe(ling unit: The EHU is Lionshead Mixed Use 1 be sold or excluded from the 12-10 as a 300 sq. ft. min. excluded Lionshead Mixed Use 2 transferred -calculation of dwelling and from the separately. GRFA. unit. 1,200 sq. ft. max. calculation ~al Usw. B. Dormitory of density. Residential Cluster unit: Low Density Multiple- 200 sq.ft. min. for Family each person Medium Density occupying the Multiple-Fami(y EHU. High Density Multiple- Family Public Accommodation Pubfic Accommodation 2 Commercial Core 1 Commercial Core 2 Commercial Core 3 Commerciai Service Center Arterial Business Parking District General Use _ Heavy Service Ski Base/Recreation Ski Base/ Recreation 2 ~ Special Deveiopment District Type IV Any dwelling unit may be The EHU may N/A N/A N/A Per Chapter N/A The EHU is designated and deed be sold or 12-10 as a calculated restricted as a Type IV transferred dwelling as density. EHU, unless already separately. unit. designated as an EHU. Type IV-CL F2FFAifted Use: 7he EHU may N/A N/A N/A Per Chapter Per Cfiapter'{2- The EHU is (Commercial Any dwelling unit may be be so(d or 12-10 as a 23, Commercial calculated Linkage designated and deed transferred dwelling Linkage as density. mitigation restricted as a Type IV- separately. The unit. unit) CL EHU, unless already EHU shall be designated as an EHU. linked to a specific Commercial , Linkage employee housin 20 Ordinance No. 12, Series of 2008, first reading mitigation requirement. Type IV-IZ Pecrn+#ed-k'se: The EHU may N/A N/A N/A Per Chapter Per Chapter 12- The EHU is (inclusionary Any dwelling unit may be be sold or _ 12-10 as a 24, Inclusionary calculated Zoning designated and deed transferred dwelling Zoning as density. mitigation restricted as a Type IV- separately. The unit. unit) IZ EHU, unless already EHU shall be • designated as an EHU. linked to a specific Inclusionary , . Zoning employee housing mitigation re uirement. Type V ReFffiltted-Use: The EHU shall N/A N/A N/A Per Chapter 1,200 sq. ft. max. The EHU is Hillside Residential not be sold or 12-10 as a allowed as a transferred dwelling second unit separately from unit:, on the the unit it is property. associa#ed with. Type VI . As governed by As determined by As determined by As determined by Per Chapter As determined by As Housing the the PEC. the PEC. the PEC. 12-10 as a the PEC. determined management dwelling unit by the PEC. plan. or a parking Shall not be managemen subdivided or t plan per divided into any. Article 12-61, form of time Housing share, interval District ownership, or fractional fee unit. . 21 Ordinance No. 12, Series of 2008, first reading Type VII-CL °°~^~~~~"~e; The EHU may The EHU is N/A N/A Per Chapter Per Chapter 12- The EHU is (Commercial High Density Multiple be sold or excluded from the 12-10 as a 23, Commercial excluded Linkage Family, Housing District, transferred calculation of dwelling unit Linkage from the mitigation Public Accommodation, separately. The GRFA. or a parking calculation unit) Public Accommodation EHU shall be managerimen of density. 2, Commercial Core 1, linked to a t Plan Per Commercial Core 2, specific Chapter 12- Commercial Core 3, Commercial 23. Commercial Service Linkage Commercial Center, Arterial employee Linkage Business, General Use, housing _ Lionshead Mixed Use 1, mitigation Lionshead Mixed Use 2, requirement. Ski BaselRecreation, Ski Base/Recreation 2, Parking District, and - Special Development , Districts 22 Ordinance No. 12, Series of 2008, first reading TypeVll-IZ PeFFR+tted-Wsw The EHU may The EHU is N/A N/A Per Chapter Per Chapter 12- The EHU is (Inclusionary High Density Multiple be sold or excluded from the . 12-10 as a 24, Inclusionary excluded Zoning Family, Housing District, transferred calculation of dwelling unit Zonirig from the mitigation Public Accommodation, separately. GRFA. or a parking calculation unit) Public Accommodation The EHU shall managemen of density. 2, Commercial Core 1, be linked to a t plan per Commercial Core 2, specific Chapter 12- Commercial Core 3, Inclusionary 24, Commercial Service Zoning Inclusionary Center, Arterial employee Linkage. Business, General Use, housing Lionshead Mixed Use 1, mitigation Lionshead Mixed Use 2, requirement. Ski Base/Recreation, Ski , Base/Recreation 2, Parking District, and Special Development ' Districts 23 Ordinance No. 12, Series of 2008, first reading Section 26. Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby amended as follows: _ 12-16-8: PERMIT APPROVAL AND EFFECT: Approval of a conditional use permit, or an amendment to an existing conditional use permit, shall lapse and become void if a building permit is not obtained and construction . not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. Approval of a conditional use permit shall also lapse and become void if the use for which the approval has been granted is discontinued for a period of two (2) years, regardless of any intent to resume operation of the use. Section 27 Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby amended as follows: 12-16-10: AfVIENDMENT PROCEDURES: 1. The Administrator may approve amendments to an existing conditional use . permit (including, but not limited to, additions to buildings and structures associated with the use, changes to the operation of the, use, changes to the previous conditions of approval, etc.) if the Administrator c6etermines the amendment meets the following criteria: . a. The amendment is in accordance with all applicable elements of the Vail Town Code and the Vail Comprehensive Plan; and, b. The amendment does not significantly alter the basic character or intent of the original conditional use permit; and, . c. The amendment wilt not adverse{y affect tfie pubfic health, safety, and welfare. 2. All amendments to an existing conditional use permit not meeting the above listed criteria, as determined by the Administrator, shall be reviewed by the ! Planning and Environmental Commission in accordance with the procedures described in Section 12-16-5 of this chapter. ' Section 28. Chapter 14-10, Design Review Standards and Guidelines, of the Vail Town Code is hereby amended as follows: 14-10-12: Communications antennas and appurtenant equipment: Communications antennas and any associated appurtenant equiprment should be integrated into existing principle buildings and structures. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality. Section 29. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, 24 Ordinance No. 12, Series of 2008, first reading regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 30. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safefy and welfare of the Town of Vail and the inhabitants thereof. Section 31. 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 32. 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 1S' day of July, 2008 and a public hearing for second reading of this Ordinance set for the 15th day of July, 2008, in the Council Chambers of the Vail Municipal Building, Vail', Colorado. Richard D. Cleveland, Mayor Attest: ' Lorelei Donaldson, Town Clerk I 25 Ordinance No. 12, Series of 2008, first reading Vail Town Council Attachment: B MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department ` DATE: June 9, 2008 SUBJECT: A request for a work session to discuss prescribed regulation 'amendments to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regarci thereto. (PEC080103) , Applicant: Town of Vail Planner: Bill Gibson 1. SUMMARY The purpose of this work session is to provide the Planning and Environmental Commission with an introduction to the Town of Vail's request for prescribed regulation amendments to Chapter 12-16, Conditional. Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. II. DISCUSSION ITEMS , What was discussed at the Planning and Environmental Commission's last hearing? . The Commission held a work session at its May 12, 2008, hearing to discuss the concept of creating a new administrative review process for existing conditional uses such as: • Bed and Breakfasts ° . • Employee Housing Units • Home Child Daycare Facilities • Public Utility and Public Service Uses • Seasonal Uses and Structures • Extensions to time limited conditiona{ use permit approvals . • Minor amendments that do not alter the original characteristics of the use The Commission was generally supportive of the concept of a{lowing certain existing conditional uses to be reviewed administratively, rather than by the Commission. However, the Commission did not support changing the review process for Bed and Breakfast or Home Child Daycare Facilities uses. In general, the Commission noted its preference to continue notifying adjacent property owners of a conditional use permit application prior to any action by either the Commission or Staff. 1 . . What is the purpose/intent of the proposed regulation amendments? The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. The Town of Vail has processed 246 separate conditional use permits over the past 18 years (1990-2008) for an average of 14 applications per year. A summary of these permits has been attached for reference (Attachment A). Given the significant number of applications and the substantial amount of time and effort involved in processing each application through the current conditional use permit review process; Staff believes any text amendments should create substantial time savings for applicants, Staff, and the Commission for specific applications. Additionally, Staff believes any text, amendments should also create cost savings for the Town, which currently processes conditional use permit applications at a financial loss. A summary of the current conditional use permit review process and associated costs has been attached for reference (Attachment B). Attachment B is a conservative estimate of the Town's time and financial costs necessary to process a conditional use permit app(ication. Attachment B assumes a minor, non-controversial conditional use permit request that is reviewed at only one Commission hearing. Attachment B also assumes a conservative financial rate of $55/hr. which is the fee the Town charges for building permit reviews; however, actual hourly costs may be higher. ls there an alternative to creating a new additional review process (i.e. an Administrative Conditional Use Permit Review Process) that could achieve the goal of streamlining the Town's development review process? Staff believes the same goals of achieving time and financials savings can be achieved without creating a new or additional review process. Staff believes the following amendments should be considered: • Allowing communication antennas that are integrated into a building in General Use, Housing, and Commercial Core 3 Districts as permitted uses. • Allowing all employee housing units (EHU's) as permitted uses. • Allowing Automatic Teller Machines (ATM's) in CC1, LMU-1 and LMU-2 (i.e. Vail Village and Lionshead) as permitted uses. • Allowing modifications/amendments/additions to a previously approved conditional use permit that do not alter the original character or impacts of the use. • Ending the requirement that a conditional use permit much be obtained to eliminate any dwelling unit within the Commercial Core 1 District (i.e. Vail Village). Communication antennas accounted for 8 of the 15 utility category conditional use permit applications. All but one of these antennas is located on an existing building in the General Use, Housing, and Commercial Core 3 Districts (i.e. ERWSD water tank, Middle Creek Employee Housing Development, Qwest Tower, Solar Vail, and the Brandess/Cadmus Building). All of these conditional use permit applications were approved. 2 Employee Housing Units (EHU's) constituted 42 conditional use permit applications. The Planning and Environmental Commission and Town Council recently amended the Town Code to allow Type II EHUs as permitted, rather than conditional, uses. Staff believes all EHU should be allowed as permitted uses. ATM's account for 2 of the 3 historic bank/financial conditional uses. Staff does not believe ATM machines have the same impacts or affects as a traditional bank office, and should be regulated as a permitted or accessory use. Of the 246 historic conditional use permit applications, 66 applications were modifications, changes, or additions to previously approved conditional use permits. Staff does not believe any of these 66 applications substantively changed the character or impacts of the originally approved use. Staff believes allowing such minor modifications to be processed administratively would substantially streamline the review process for such applications. Currently a conditional use permit is required 'to eliminate any dwelling units within Vail Village. Generally, these applications related to finro or more dwelling units ; being combined into a single unit. This requirement does not exist in any other zone district and all 6 of the historic applications to eliminate a dwelling unit were approved. Therefore, Staff does not believe a. conditional use permit should be required to eliminate a dwelling unit in Vail Village. In summary, these five identified items constituted 124 of the 246 conditional use permit applications processed between 1990 and 2008. Had these identified items been permitted uses, the number of conditional use permit applications processed by the Town would have been reduced by 50.4%. III. STAFF RECOMMENDATION The Community Development Department requests the Planning and Environmental Commission asks questions about the proposed amendments and provides Staff with any initial feedback or direction. The Community Development Department recommends the Planning and Environmentaf Commission 'tables this item to its June 9, 2008, public hearing for further discussion. Should the Planning and Environmental Commission choose table this request, Staff recommends the Commission pass the following motion: . "The Planning and Environmental Commission tables the request for a prescribed regulation amendments to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto, to its June 23, 2008, public hearing." 3 Attachment A Conditional Use Permit Applications 1990 to 2008 CUP T e # of A lications T e II EHU 31 Utilities 31 Recreation 25 Seasonal Use 23 Parkin 21 Outdoor atio/dinin 16 B&B 14 T e III EHU 11 School 9 Medical 8 ' Real Estate Office 6 Tem ora Offices, 6 Fractional Fee 6 Combo. Two units to One. 6 Bank/Financial 3 Maintenance Facilit 3 Brew Pub 2 Church/Reli ious Inst. 2 Li uor Store 2 Quasi- ublic club 2 Ski Stora e 2 Television Station 2 Cemete 1 Funicular 1 Furniture Store 1 Ma'or Arcade 1 Ski Lift 1 Car Rental 1 s Car Dealer 1 3rd floor office 1 Solaris uses 1 Golden Peak Race Bld . 1 Office in RC 1 Gondola 1 Snowcat access 1 1 st Floor DU 1 Gas Station Ba 1 Total Applications 246 4 c . Attachment B T ical CUP Application - PEC Review Staff # of Total Staff Who What time Staff Time Planner re-a lication meetin 0.5 1 0.5 DRC recei t, initialize in PP, and rouYe ; 0.5 1 0.5 initial review plus notice & agenda @ Plannin Team staff 0.5 6 1.5 Admin Team PEC notice & a enda 0.5 1 0.5 Planner route to PW & FD 0.25 1 0.25 DRT resentation 0.25 6 1.5 Planner site visit 0.5 2 1 PW & FD initial review 1 2 2 Planner i nitial review & comment letter 2. 1 2 DRC recei t& route corrections 0.25 1 0.25 Planner route corrections to PW & FD 0.25 1 0.25 PW & FD review corrections 1 2. 2 Planner review corrections 2 1 2 Planner memo % 4 1 4 Plannin Team discussion staff 0.5 6 3 Plannin Team memo review 1 2 2 Planner memo edits 2 1 2 Planner PEC site visit 0.5 2 1 Planner PEC hearin 1 2 2 Planner PEC minutes & results 0.25 2 0:5 Admin Team ublish PEC minutes & results 0.25 1 0.25 Planner action forms 0.5 . 1. 0.5 Admin Team filin 0.5 1 0.5 Chief of Plannin Town Council PEC u date 0.25 1 0.25 Total 30.25 rate $55/hr. cost $1,663.75 appl. . fees $650.00 , balance ($1,013.75) ~ 5 Vail Town Council Attachment: C . MEMOi2ANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 23, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant . to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review, and approval of specific conditional uses, and setting forth details in regard thereto. (PEC080103) Applicant: Town of Vail Planner: Bill Gibson 1. SUMMARY The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. - Staff is recommending the Planning and Environmental Commission forwards a recommendation of approval of the proposed amendments based upon the criteria found in Section VI of this memorandum. ~ . II. DESCRIPTIOYV OF REQUEST The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's deve(opment review process. The Town of Vail is proposing to streamline the conditional use permit application review process through the following: • Allowing all Employee Housing Units as permitted uses, rather than some ; EHUs being conditional uses; and, • Allowing communications antennas and appurtenant equipment as permitted uses in the General Use, Housing, and Commercial Core 3 Districts (they will remain conditional uses in all other districts); and, 1 • Aliowing ATM's as permitted uses in the Commercial Core 1, 2, and 3 Districts and the Public Accommodation District (Vail Village and West Vail areas); and, • Allowing amendments to conditional use permits to be reviewed administratively. Employee Housing Units (EHUs) The Commission and Town Council recently amended the Town Code to allow many Types of EHUs to be permitted uses, rather than as a conditional use, as part of the amendments to the Commercial Linkage and Inclusionary Zoning regulations. In keeping with this example of improving the efficiency of the Town's development review process, Staff is proposing that all types of EHUs be permitted uses, rather than conditional uses. This amendment will in no way alter the restrictions currently applied to EHUs or the zone districts in which the various types are allowed. Currently the Founder's Parking Garage, located between Hanson Ranch Road and Gore Creek Drive in the Vail Village, is the only property located within the , Parking District. The only permitted use in that district is "private or public unstructured off street vehicle parking" and Type III EHUs are conditional uses. Staff is proposing that EHUs become the second permitted use in this district. The Parking District is unique in that there are no prescribed development standards. As a"clean-up" to this district's regulations, Staff is proposing that all development standards be established by the Planning and Environmental Commission similar to the General Use and Housing Districts. The specific text associated with this "clean-up" is located in Section 23 of the attached draft Ordinance No. 12. Communications Antennas and Appurtenant Equipment Communications antennas such as cellular phone antennas are predominantly ~ located in the General Use, Housing, and Commercial Core III Districts on the water tanks, Middle Creek building, the Qwest Tower, Solar Vail, Red Sandstone School, and the Brandess Building. The antennas were a11 approved as conditional uses with the only conditions being related to design. Therefore, Staff is proposing to allow such antennas as permitted, rather than conditional uses, in these three zone districts. Communications antennas such as the town-wide wi- fi service antennas are located in a variety of other zone districts. Staff is proposing that communications antennas remain allowed as conditional use in the Town's other zone districts. As a"clean-up" to the Town's design guidelines, Staff is proposing the following basic standards be applied to all communications antennas: tt14-10-12: Communications antennas and appurtenant equipment: Communications antennas and any associated appurtenant equipment shou/d be integrated into existing principle buildings and structures. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality." This "clean-up" is located in Section 28 of the attached draft Ordinance No. 12. I 2 ~ Automated Teller Machines (ATM's) There has been inconsistency in the Town's regulation of ATM's located on the exterior of buildings. Some existing ATM's were reviewed through the conditional use process as a"bank and financial institution", while others were simply reviewed through the design review process. ATM machines are currently , allowed as permitted uses in Lionshead, but not in the Vail Village or West Vail. Staff is proposing to allow ATM's as permitted use in those zone districts that already allow banks and financial institutions and the Public Accommodation District. These proposed text amendments will not affect ATM's located inside a business. Conditional Use Permit Amendments The Town's current conditional use permit regulations, Chapter 12-16, Vail Town Code, do not address amendments to a previously approved permit. Since there is no defined process to address these requests, historically any amendment to an active or existing conditional use permit has been reviewed as if it were an application for a new permit. Staff believes a conditional use permit amendment review process must be formally established in the Town Code. Staff believes some amendments to an existing permit are minor in nature and do not warrant review as if the request was a new conditional use permit application. Therefore, Staff is proposing minor permit amendments be reviewed administratively, while more significant amendments, as determined by the Administrator, remain under the purview of the Planning and Environmental Commission. Staff is proposing the following addition to Chapter 12-16, Conditional Use Permit, Vail Town Code: "12-16-10: AMENDMENT PROCEDURES: 1. The Administrator may approve amendments to an existing conditional use permit (including, but not limited to, additions to buildings and structures associated with the use, changes to the operation of the use, changes to the previous conditions of approval, etc.) if the Administrator determines the amendment meets the following criteria: a. The amendment is in accordance with afl applicable e/ements of the Vail Town Code and the Vail Comprehensive Plan; and, b. The amendment does not significant/y alter the basic character or intent of the original conditional use permit; and, c. The amendment will not adversely affect the public health, safety, and welfare. 2. All amendments to an existing conditional use permit not meeting the above listed criteria, as determined by the Administrator, shall be reviewed by the Planning and Environmental Commission in accordance , with the procedures described.in Section 12-16-5 of this chapter." This proposed amendment is located in Section 27 of the attached draft Ordinance No. 12. 3 1 h Additionai Text Amendments Staff is proposing "clean-up" amendments to Chapter 12-2, Definitions, Vail Town Code, to define the terms "accessory use", "conditional use" and "permitted use"; and to clarify the definition of "public utility and public service uses". - These proposed amendments are located in Section 1 of the attached draft Ordinance No. 12, Series of 2008 • Notification , Currently the results from the Administrative review of design review applications are listed on the Design Review Boards's agendas as an information iapdate item. This informs the public, the Board, and the Town Council of what applications have been reviewed by the Town Staff, it allows the public, the Board, and the Town Council the opportunity to ask Staff questions about the applications and the administrative actions, and affords all three groups the opportunity to "call-up" or appeal any administrative action. Staff is proposing to also lists all conditional use permit amendments that have been administratively reviewed on the Planning and Environmental Commission's agendas under information update for the same purposes. Conditional Use Permit Certificates Historically, conditional use permits in the Town of Vail have been issued and tracked through archived Planning and Environmental Commission memorandums and minutes, and are now issued and tracked with a computer generated Commission action form. The Town has historically not issued an actual permit with the approval of a conditional use permit application. So, similar to a Certificates of Occupancy, the Town will begin creating and issuing actual Conditional Use Permit certificates (suitable for framing) with the approval of a conditional use permit application. A sample of these certificates has been attached for reference (Attachment B). III. BACKGROUND The Commissiort held a work session at its May 12, 2008, hearing to discuss the concept of creating a new administrative review process for 'existing conditional uses such as: • Bed and Breakfasts . . • Employee Housing Units • Home Child Daycare Facilities • Public Utility and Public Service Uses • Seasonal Uses and Structures • Extensions to time limited conditional use permit approvals • Minor amendments that do not alter the original characteristics of the use The Commission was, generally supportive of the concept of allowing certain existing conditional uses to be reviewed administratively, rather than by the Commission. However, the Commission did not support changing the review . process for Bed and Breakfast or Home Child Daycare Facilities uses. , 4 In general, the Commission noted its preference to continue notifying adjacent property owners of a conditional use permit application prior to any action by either the Commission or Staff. The Commission held a work session at its June 9, 2008: Staff believed the same goals of achieving time and financial savings can be achieved without creating a new or additional review process. The Commission discussed the following alternative amendments: • Allowing communication antennas that are integrated into a building in General Use, Housing, and Commercial Core 3 Districts as permitted , uses. • Allowing all employee housing units (EHU's) as permitted uses. • Allowing Automatic Teller Machines (ATM's) in CC1, LMU-1 and LMU-2 (i.e. Vail Village and Cionshead) as permifted uses. • Allowing modifications/amendments/additions to a previously approved conditional use permit that do not alter the original character or impacts of the use. • Ending the requirement that a conditional use permit much be obtained to eliminate any dwelling unit within the Commercial Core 1 District (i.e. Vail Village). IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. 5 V. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Chapter 12-1, Title, Purpose and Applicability (in part) Section 12-1-2: Purpose A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high , quality. ' 8. Specific: These regulations are intended to achieve the fo/lowing more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. ' 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workab/e relafionship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. . 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable nafural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. , Chapter 12-3: Administration and Enforcement: (in part) 6 , 12-3-7: AMENDMENT.C. Criteria and Findings: 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town.council shall consider the following factors with respect to the requested text amendment: 9. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the - existing regulation is no longer appropriate or is inapplicab/e; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulafions consistent with municipal development objectives; and 5. Such other factors and criteria the commission and/or council • deem applicable to the proposed text amendment. TOWN OF VAIL LAND USE PLAN Chapter II: Land Use Goals/Policies (in part) 1. General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residenfial, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development shou/d be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 7 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. 5.2 Quality time share units shou/d be accommodated to help keep occupancy rates up. 5.3 Affordable emp/oyee housing shou/d be made available through private efforts; assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a fu/l range of housing types. - 5.5 The existing employee housing base shou/d be preserved and . upgraded. Additional employee housing needs shou/d be accommodated at varied sites throughout the community. VAIL VILLAGE MASTER PLAN Chapter V: Goals, Objectives, Policies and Action Steps (in part) Goa! #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. 2.6 Objective: ` Encourage the development of affordable housing units through the efforts of the private sector. 2.6.1 Policy: Employee housing; units may be required as part of any new or redevelopment project requesting density over that allowed by existing zoning. 2.6.2 Policy: ' Employee housing, sha/l be developed with appropriate restrictions so as fo insure their availability and affordability to the local work force. 2.6.3 Policy: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance. LIONSHEAD REDEVLOPMENT MASTER PLAN Chapter 4: Master Plan Recommendation - Overall Study Area 4.8 Parking 8 4.8.4 Parking for Employee Housing The unit-to-parking space ratio for employee housing should be reduced to maximize the housing opportunities in west Lionshead. During the master planning process, the Vail Town Council toured several employee housing complexes in Keystone Resort that averaged .25 cars per bed (one parking space per four-bed unit). Most of these complexes at Keystone are removed from the core and depend on a bus transit system fo carry employees to and from work. Yet, Keysfone property managers have not observed a parking shortage. Likewise, at the Rivers Edge employee housing project in Avon, a parking ratio of. 75 cars per bed has been more than adequate and the parking lot is underutilized. 4.9 Housing Recent community surveys and grass-roots planning efforts such as Vail Tomorrow have identified the lack of /oca/s housing as the most critical issue facing the Vail community. Early in the Lionshead master planning process, west Lionshead was identified as an opportunity area fo implement some of the community's housing goals, particu/arly relating to employee housing. These opportunities and associated issues are outlined below. 4.9.1 No Net Loss of Employee Housing ' Ground rule number five of the master plan states that there shall be no net loss of employee housing in Lionshead as redevelopment occurs. . Visual lssues 4.9.2 The financial realities of affordable housing often require cost reducing measures, generally involving the quality of detailing, planning, and architectural design. Given the strong desire to make these housing projects feasible, it is recommended that some latitude be granted to affordable housing developers. However, it is a/so important that financial realities not be used as an excuse to produce unsightly, poorly designed, substandard products. Employee housing does not need to match the architectural sophistication of a. five star resort deve/opment, but it does need to be good quality construction and design. Rivers Edge in Avon is a good example of an attractive yet affordable employee housing project. 4.9.3 Policy Based Housing Opportunities The first means of imp/ementing housing goals in Lionshead is through policy based requirements such as the employee generation ordinance current/y being pursued by the Vail Town Council. As required by a future ordinance, all development and redevelopment projects, as a prerequisite to project approval, should provide housing for employees generated and to the extent possible this housing shou/d be /ocated in the Lionshead area. VAIL 20/20 STRATEGIC PLAN Executive Summary (in part) . 9 Housinq: The high cost of housing and a lack of developable land continue to challenge the community in providing adequate workforce , housing. Opportunities exist to increase the amount of employee housing through' redevelopment of existing housing, the purchase of deed- resfricted units and through developer requirements. During 20120, participants placed workforce housing as a top priority for the community " and government leaders to address. Community Values (in part) Diversity: Vail . values maintaining a diverse population of residents, ' workers and visitors, with a broad representation of age, family composition, ethnic background and economic means. Land Use and Development (iri part) 20/20 Vision: The pedestrian ambiance and scale of Vail Village and Lionshead continues into 2020, where the European alpine charm of Vail is replicated in its new development. The unique character of Vail is evident from the Tyrolean building style that speaks of Vail's history, to the mountain contemporary style that heralds technological advancement. The vibr`ant mixed-use pedestrian core areas of Vail attract guests, residents and businesses. The diversity of businesses within the core areas provides something for everyone and the new affordable housing options are seamlessly integrated into the community's fabric. Growth has been carefully managed to be sustainable and complementary to the natural environment. 20120 Implementation: Based on input from the community during the 20120 process, town staff developed the following goals and action strategies to support the land use and development vision. The goals a/so reflect the common themes heard from the community during the 20120 process, including a need for more employee housing, increased environmental sustainability, reducfion of I-70 impacts and managed growth. ' Goal #3: Ensure faimess and consistency in the development review process. Actions/Strategies • Provide transparency of the review process by improving communications. • Embrace policies and practices thaf ensure honest governmental interactior?. . • Define ways in which to improve communication with the public. • Review and improve policies regarding notifrcation of design review . applications. • Provide adequate training for members of the. town's boards, commissions and commiftees regarding goals and pu?poses for regulation. 10 a Develop a streamlined design review process and include in regulation updates. Goal #4: Provide for enough deed-restricted housing for at least 30 percent of the - workforce through policies, regulations and publicly initiated development. Actions/Strategies •Update housing regu/ations to include more zone districts that are required to provide employee housing. • Redevelop Timber Ridge to increase number of employee beds. • Use employee housing fund for buy-downs and ofher programs that will increase the number of employees living within the fown. • Address the zoning regulations to provide more incentives for developers to build employee housing units. Housing (in part) 20120 Vision: The number of employees living within the town has steadily increased, thanks to the town's commitment to ensure affordability and availability of housing. The number of deed-restricted rental and for-sa/e units required of both private and public projects has increased.. The diversity of deed-restricted units can accommodate the seasonal worker, as we/l as all levels of year-round employees, including those with families. Housing in general has been transformed to include green building standards. 20120 /mplementation: Based on input from the community during the 20120 process, town staff with the Vail Local Housing Authority, developed the following goa/s and action strategies to support the housing vision. Goal.The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and public/y initiated development. Actions/Strategies: • Research and propose next steps for strengthening the town's inclusionary zoning and commercial linkage policies, including requiremenfs for more zone districts. • Research parking requirements for employee housing and consider reducing requirements for emp/oyee housing developments. • Ensure pay-in-lieu funds generate as many workforce housing units as possible. • Establish protocol for disbursement of dedicated housing fund resources. • Research and secure potential alternative (besides pay-in-lieu) funding sources for emp/oyee housing. 91 VI. REVIEW CRITERIA Y 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. This will positively impact the Town government and the public. Therefore, Staff believes the' proposed text amendments are consistent with the purposes of the Town's Zoning Regulation's as outlined in Section V above. 2. The extent to which the text amendment would better implement and -better achieve. the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. Therefore, Staff believes the proposed text amendments will better implement and better achieve the adopted goals; objectives and policies of the Town's Zoning Regulations and Comprehensive Master Plan as outlined in Section V above. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The Town of Vail has processed 246 separate conditional use permits over the past 18 years (1990-2008) for an average of 14 applications per year. Of all those applications, only 4 were denied (a real estate office at the WI, an outdoor dining deck in Vail Village, a Type II EHU on Forest Road, and employee housing at the Town's Public Works facility). Given the significant number of applications and the substantial amount. of time and effort involved in processing each application through the current conditional use permit review process; Staff believes the proposed text amendments will create substantial time savings for applicants, Staff, and the Commission for certain applications. Additionally, Staff believes the proposed text amendments will create cost savings for the Town, which currently processes applications at a financial loss. The time and financial savings achieved by these amendments were discussed in detail at the Planning and Environmental Commission's June 9, 2008, hearing and are' highlighted in the attached power point presentation (Attachment B). 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 12 The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. Therefore, Staff believes the proposed text amendments will continue to facilitate and provide a harmonious, convenient, workable relationship among land use regulations that are , consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. VII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the text amendments outlined in the attached Draft Ordinance No. 12, Series of 2008. Should the Planning and Environmental Commission choose to recommend approval of this request; Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VI of Staffs June 23, 2008, memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicab/e elements of the adopfed goa/s, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regu/ations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious deve/opment 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." 13 Vitl. ATTACHMENTS A. Draft Ordinance No. 12, Series of 2008 B. Conditionai Use Permit certificate C. Power Point Summary 14 - Attachment A DRAFT ORDINANCE NO. 12 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-2, DEFINITIONS; ARTICLES 12- 6E, RESIDENTIAL CLUSTER DEVELOPMENT; 12-6F, LOW DENSITY MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE-FAMILY DISTRICT; 12-6H, HIGH DENSITY IVIULTIPLE-FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-7B,. COMMERCIAL CORE 1; 12-7D, COMMERCIAL CORE 3; 12-7E, COMMERCIAL SERVICE CENTER DISTRICT; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-8A, AGRICULTURE AND OPEN SPACE DISTRICT; 12-8D, SKI BASE RECREATION DISTRICT; 12-8E, SKI BASE RECREATION DISTRICT 2; 12-913, PARKING DISTRICT; 12-9C, GENERAL USES DISTRICT; CHAPTER 12-13, EMPLOYEE HOUSING; AND CHAPTER 12-16, CONDITIONAL USE PERMIT, VAIL TOWN CODE, TO ALLOW CERTAIN CONDITIONAL USES AS PERMITTED USES AND TO ESTABLISH CONDITIONAL USE PERMIT AMENDMENT PROCEEDURES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on June 23, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that the amendments are 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 Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, , WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and 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 Section VI of the Staff memorandum dated June 23, 2008; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented. ~ Ordinance No. 12, Series of 2008, PEC draft NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: ° Section 1. Section 12-2-2, Definitions, Vail Town Code is hereby established as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted): PUBLIC UTILITY AND PUBLIC SERVICE USES: Any structure, not otherwise exempted from the definition of "structure" elsewhere in this title, which is reasonably necessary to facilitate adequate public utilities and public services. Public utilities and public services shall include, but not be limited to, distribution, collection, communication, supply or disposal systems for gas, electricity, water, wastewater, storm water, telecommunications, irrigation, solid waste, recycling, and other similar public utilities and public services. For the purposes of this title, public utility and public service uses shall not include public transportation facilities, sewage or . wastewater treatment facilities, sanitary landfills, salvage yards, storage yards, ef business offices, or communications antennas and appurtenant equipment: USE, ACCESSORY: A use or activity that is subordinate and incidental to a permitted or conditional use. USE, CONDITIONAL: A use or activity with unique or special characteristics that requires additional review to ensure they are located properly with respect to the objectives of the Zoning Regulations, and to ensure their compatibility with other surrounding uses and the town at large. Due to their unique characteristics and the potential for impacts to adjacent uses, conditional uses are often allowed subject to specific limitations and conditions. USE, PERMITTED: A principle use or activity allowed by right within a zone district. Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows: 12-6A-3: CONDITIONAL USES: • The following conditional uses shall be permitted, subject to issuance of a conditional • use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated.by section 12-14-18 of this title. , ' Communications antennas and appurtenant equipment. Equestrian facilities located on five (5) acre minimum lot size area on property bordering public land. - Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public park and recreation facilities. . Public utility and public service uses. Section 3. Article 12-613, Single-Family Residential District, of the Vail Town Code is hereby amended as follows: 12-613-3: CONDITIONAL USES: 2 Ordinance No. 12, Series of 2008, PEC draft ' The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. . Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 4. Article 12-6C, Two-Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows: 12-6C-3: CONDITIONAL USES: The following conditional uses shall be permitted in the R district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 5. Article 12-6D, Two-Family Residential District, of the Vail Town Code is hereby amended as follows: 12-613-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows: 12-6E-2: PERMITTED USES: 3 Ordinance No. 12, Series of 2008, PEC draft 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Business offices, as further regulated by subsection 12-16-7A13 of this title. - Communications antennas and appurtenant equipment. Dog kennels. , Funiculars and other similar conveyances. ' Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Professional office, as further regulated by subsection 12-16-7A13 of this title. Public buildings, grounds and facilities. , Public or private schools. Public park and recreation facilities. , Public utility and public service uses. Ski lifts and tows. , • Section 7. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of th-is title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service,uses. Ski lifts and tows. , • Section 8. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. . , Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. 4 Ordinance No. 12, Series of 2008, PEC draft Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Emnln~iec L-Jn~ i~inn 1Ini4~ f~ ~rFhor re/r~ ~I~foi-! hv rh~cr 'I`~ nf 4hic titlo ...r•-~== - ---=---a - -v----- - - ~ ~n~ ' , Section 9. Article 12-6H, High Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 12-6H-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. . . Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. , Private clubs and civic, cultural and fraternal organizations. Private parking structures: Private unstructured parking. Public and private schools. Public buildings; grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. . Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. =rrrF Cmr+levpec l..ln~ ~c~inn I Ini~~ f~ vfF+or ren~ ~In}orl h~i n1~~nFe .......r._. r '1nf 4{~ia +i_~le r . .y . _ . Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows: 12-61-2: PERMITTED USES: The following uses:shall be permitted in the H district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space, 12-61-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, . in which case the following uses may be allowed subject to a conditional use permit: Automated Teller Machines (ATMs) exterior to a building. 5 Ordinance No. 12, Series of 2008, PEC draft Banks and financial institutions. Business offices and professional offices as further regulated by section 12-16-7 of this title. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee - housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the _ property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment: , . Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows: 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district:. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Employee Housing Units, as further regulated by chapter 13 of this title. Automated Teller Machines (ATMs) exterior to a building. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of , a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. 6 Ordinance No. 12, Series of 2008, PEC draft Private parking structures. Private unstructured parking. Professional and business offices. Public and private schools. Public buildings, grounds and facilities. Public parking structures. Public parks and recreational facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. . Theaters and convention facilities. Gmplnyco 1--InUoinn lInits as FurFher roguIaFo'') hy nhan4er 1 thio fi41o , • Section 12. Article 12-713, Commercial Core 1 District, of the Vail Town Code is hereby amended as follows: 12-713-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 1. Retail stores and establishments, including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. Bookstores. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. - Delicatessens and specialty food stores. , Drugstores. Florists. Gift shops. Hobby stores. Jewelry stores. Leather goods stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Sporting goods stores. Stationery stores. Toy stores. Travel and ticket agencies. Variety stores. Yardage and dry goods stores. 2. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shops. 7 Ordinance No. 12, Series of 2008, PEC draft Fountains and sandwich shops. Restaurants. 3. Lodges. 4. Employee Housing Units, as further regulated by chapter 13 of this title. 5. Additional uses determined to be similar to permitted uses described in subsections B1 and B2 of this section, in accordance with the provisions of section 12-3-4 of this title so long as they do not encourage vehicular traffic. 6. Automated Teller Machines (ATMs) exterior to a building. 12-76-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: B. Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the . provisions of chapter 16 of this title: Dog kennels. Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Theaters: ' Cmnlnvoe L..InUSinn I Ini4s• as Furiher ronuda4er! bv nhan4cr 13 nf +his 4i41o ; . 12-713-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: B.Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Any, permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: S2 Cmnlnyce I..Inusinn I Inifs as furFhcr rcgulaterJ hv nHan+er 43 nf fhis }iFlo . , . Section 13. Article 12-713, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows: 12-7D-1: PERMITTED USES: The following uses shall be permitted in the commercial core 3 district: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Communications antennas and appurtenant equipment. Eating and drinking establishments, including the following: Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. , Restaurants. Employee Housing Units, as further regulated by chapter 93 of this title. Health clubs. Personal services and repair shops, including the following: . Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. $ Ordinance No. 12, Series of 2008, PEC draft Laundromats. . Shoe repair. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. Bakeries and confectioneries, preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Health food stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 12-7D-2: CONDITIONAL USES: The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. 9 Ordinance No. 12, Series of 2008, PEC draft ' Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. • Dog kennels. Drive-up facilities. Major arcades. Massage parlors. Outside car wash. Pet shops. ; Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility.and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. ~mr+ln~ice 1--In~ i~inn I I- -nit=~, - ~ f~ ~r-Fhcr ron~ ~1..~4er~ Ihv f`h~n4er 1~ ~-nf~hia' Titlo_ ~ , r•-~ - a n--., - -u-.,.~- , Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows: 12-7E-3: PERMITfED USES: The following uses shall be permitted in the CSC district: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Eating and drinking establishments, including the following: ' Bakeries and delicatessens with food service. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Employee Housing Units, as further regulated by chapter 13 of this title. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. , Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. ' Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. 10 Ordinance No. 12, Series of 2008, PEC draft Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. , Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in . accordance with the provisions of section 12-7E-2 of this article. 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Bowling alley. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Communications antennas and appurtenant equipment. Dog kennels. Major arcades. Multiple-family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. 11 Ordinance No. 12, Series of 2008, PEC draft Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. C..r~l-~~ice 1--In~ ~c~iniv 1 Ini4c' , -c - ~ f~ ~r~her ron~ ~I--~~erl hv rh~n~or Fi4-.._. _,~o_ m.r•~-- '-a r--- Section 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby amended as follows: 12-7F-3: PERMITTED USES The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the first (street) level: Cocktail lounges and bars. Coffee shops, fountains, sandwich shops and restaurant. Employee Housing Units, as further regulated by cfiapter 13 of this title. . Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level: Beauty and barber shops. Shoe repair. - Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Radio and television broadcasting studios. - Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8,000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. Florists. Newsstands. , Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. 12-717-4: CONDITIONAL USES: A.Enumerated: The following conditional uses shall be permitted in the arterial business district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further provided by section 12-14-18 of this title. Brew pubs. ~ Child daycare centecs. , Communications antennas and appurtenant equipment. Microbreweries. Private unstructured parking. Public buildings, grounds and facilities. ' 12 Ordinance No. 12, Series of 2008, PEC draft Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. E-•r+l-~~icc I--In~ ~c~ina r~ IIni4c, f~ ~rFhor ron~ ~1..~4cr) L~~i r4~~n~or 14 nf 4hic _~i41n . , ~ m•r-~== --u------ : Section 16. Article 12-7G, Heavy Service District, of the Vail Town Code is hereby amended as follows: 12-7G-5: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Animal hospitals and dog kennels. Automotive service stations. Building materials stores. Business offices. Commercial laundry and cleaning services. Communications antennas and appurtenant equipment. Corporation yards. Machine shops. . - Motor vehicle sales and services. Repair garages. Repair shops. Seasonal plant product business. Sexually Oriented Businesses. Ski lifts and tows, and accessory dwelling unit for service personnel. Tire sales and services, including retreading and recapping. Transportation businesses. Trucking terminals and truck service stations. Warehouses. Woodworking and cabinet shops. . Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof. Additional commercial services determined to be similar to the conditional uses set out in this section in accordance with the provisions of section 12-3-4 of this title. Section 17. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows: 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA. BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a co.nditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Brewpubs. ` Coin operated laundries. Commercial storage. Communications antennas and appurtenant equipment. Private outdoor recreation facilities, as a primary use. 13 Ordinance No. 12, Series of 2008, PEC draft Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Seasonal uses or structures utilized for more than fourteen (14) days. Single-family residential dwellings. Ski lifts and tows. - Television stations. Two-family residential dwellings. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this title. Section 18. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is hereby amended as follows: 12-71-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional . use permit in accordance with the provisions of chapter 16 of this title: Automotive service stations. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare centers. Commercial storage. _ Communications antennas and appurtenant equipment. Laundromats. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public parks and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehouses. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this title. Section 19. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows: 12-8A-2: PERMITTED USES: The following uses shall be permitted in the A district: Plant and tree nurseries and raising of field, row and tree crops. Public parks, passive and active recreation areas, and open spaces. Single-family residential dwellings. Employee Housing Units, as further regulated by chapter 13 of this title. 12-8A-3: CONDITIONAL USES: 14 Ordinance No. 12, Series of 2008, PEC draft The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than two hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreational facility. Cemeteries. Communications antennas and appurtenant equipment. Low power subscription radio facilities: Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. ~ Religious institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. Gmnleyeo Llnusing I Ini1~, as further renuIn4ciJ hv nhnnter 43 oF 4his tiFlc . Section 20. Article 12-813, Outdoor Recreation District, of the Vail Town Code is hereby amended as follows: 12-813-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses. Cemeteries. Equestrian trails, used only to access national forest system lands. Communications antennas and appurtenant equipment. Public parks and active public outdoor recreation areas and uses, excluding buildings. Public utility and public service uses. Seasonal use or structure. Ski lifts, tows and runs. Well water treatment facilities. ; Section 21. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as follows: 12-8D-2: PERMITTED USES: F. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-8D-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and breakfast as further regulated by section 12-14-18 of this title. Child daycare center. Communications antennas and appurtenant equipment. Food and beverage cart vending. 15 Ordinance No. 12, Series of 2008, PEC draft Public, private or quasi-public ciubs. Recreation room/minor arcade. Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. Redevelopment of ski racing facilities. Redevelopment of water storage extraction and treatment facilities. Seasonal structures to accommodate athletic, cultural, or educational activities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. , . Section 22. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows: 12-8E-2: PERMITTED USES: A:The following uses shall be permitted within the ski base/recreation 2 district: ' Eating and drinking establishments including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shop. Fountains and sandwich shops. . Restaurants. Employee Housing Units, as further regulated by,Chapter 13 of this Title: Lodges. Private or public off street loading facilities. Private or public off street vehicle parking structures. Public parks and outdoor recreation facilities. Residential uses including the following: Accommodation units. Multi-family residential dwelling units. Single-family residential dwelling units. Two-family residential dwelling units. Ski base oriented uses including the following: Commercial ski storage on the basement or garden level of a building. Retail stores and establishments. Ski lifts and tows. Ski patrol facilities. Ski racing facilities. , Ski school facilities. Ski trails. Skier and guest services including, but not limited to, uses such as basket rental, lockers, ski repair, ski rental, lift ticket sales, public restooms, information/activity desk. Snowmaking facilities. Special community events, including, but not limited to, ski races, festivals, concerts, and recreational, cultural and educational programs and associated improvements/facilities, subject to the issuance of a special events license 12-8E-3: CONDITIONAL USES: . , 16 Ordinance No. 12, Series of 2008, PEC draft The following conditional uses shall be permitted in the ski base/recreation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Brew pubs. Communications antennas and appurtenant equipment. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. , Gm~li+~ror~ ~ n~ ~sinn I Ini4~- _ f~ ~rFhcr ren~ ~1~4or1 hv f`h~n~cr 1 4 nf thic_Ti41a_ C::•r•=?~" • •.7 n'-c• -=u~.~_~~. ~i -----r-~" . Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of section 12-3-4 of this title. Section 23. Article 12-913, Parking District, of the Vail Town Code is hereby amended as follows: 12-913-2: PERMITTED USES: The following uses shall be permitted in the P district: Private or public unstructured off street vehicle parking. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-913-3: CONDITIONAL USES: . The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the. provisions of chapter 16 of this title: Communications antennas and appurtenant equipment. Major arcades. Parks and recreational facilities. Private or public off street vehicle parking structures. , . Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this section, a"temporary construction staging site" shall mean a site on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored. =mnlr~vcn l..lni ~sinn I Inits, ae~ fu ni~+er ren~ ~1~4er) hv f`F~~nFcr nf~hi~Tifla r•-~== • •••a - =a---'--= =i - - 12-913-5: DEVELOPMENT STANDARDS: Development standards in each of the following categories shall be as prescribed by the Planning and Environmental Commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. • 7. Parking and loading. Section 24. Article 12-9C, General Use District, of the Vail Town Code is hereby amended as follows: 17 Ordinance No. 12, Series of 2008, PEC draft 12-9C=2: PERMITTED USES: The following uses shall be permitted in the GU district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space 12-9C-3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permitted in the GU district, subject • to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. . Healthcare facilities. . Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Public and quasi-public indoor community facilities. Public buildings and grounds. , Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. , Public transportation terminals. Public unstructured parking. • Public utility and public service uses. Religious institutions. . Seasonal structures or uses to accommodate educational; recreational or cultural activities. Ski lifts, tows and runs. , • Water and sewage treatment plants. Section 25. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby ~ amended as follows: , 18 Ordinance No. 12, Series of 2008, PEC draft 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU Zoning districts Ownership/ Additional GRFA Additional Site Garage Parking Minimum/Maximu Density permitted by right er-4 Transference Coverage / CrediUStorage m GRFA of an GGRdafien^ Reduced Requirement EHU Landsca e Area Type I PerFn+#ed-Idse: The EHU may The EHU is entitled SITE COVERAGE: Allowed 300 sq. Per Chapter N/A The EHU is . Primary/Secondary be sold or to an additional The site is entitled ft. of garage area -12-10 as a allowed as a Residential, transferred 550 sq. ft. GRFA to an additional 5% per enclosed dwelling second unit Two-Family Residential separately. deduction. of site coverage for vehicle space at unit. on the (only on lots less than the EHU. , a maximum of 2 property. 14,000 sq. ft. in size) parking spaces LANDSCAPE (600 sq. ft.). AREA: All units not The site is entitled constructed with to a reduction of a garage shall be landscape area by required a 5% (reduced to minimum 75 sq. 55% of site area) ft. of storage area for the EHU. in addition to normal closet space. This 75 sq. ft. shall be a credit for storage onl . - Type II Peffnitted-Usei The EHU shall The EHU is entitled N/A Allowed 300 sq. Per Chapter 300 sq. ft. min. The EHU is Single-Family not-be sold or to an additional ft. of additional 12-10 as a and allowed as a Residential, Two-Family transferred 550 sq. ft. GRFA garage area for dwelling 1,200 sq. ft. max. third unit on Residential, separately from deduction. - the EHU. unit. property. Primary/Secondary the unit it is All units not Residential associated constructed with with. a garage shall be . required a Agriculture & Open minimum 75 sq. Space ' - ft. of storage area in addition to normal closet space. This 75 ~ sq. ft. shall be a credit for storage onl . 19 Ordinance No. 12, Series of 2008, PEC draft J a~: The EHU may The EHU is N/A N/A Per Chapter A. Dwelling unit: The EHU is Type III °°F^n*a ' Lionshead Mixed Use 1 be sold or excluded from the 12-10 as a 300 sq. ft. min. excluded Lionshead Mixed Use 2 transferred calculation of dweiling and from the separately. GRFA. _ unit. 1,200 sq. ft. max. calculation , B. Dormitory of derisity. Residential Cluster unit: Low Density Multiple- 200 sq.ft. min. for Family each person Medium Density occupying the . Multiple-Family EHU. High Density Multiple- Family Public Accommodation Rublic Accommodation 2 Commercial Core 1 Commercial Core 2 . Commercial Core-3 Commercial Service , Center ' . Arterial Business Parking District General Use Heavy Service Ski Base/Recreation Ski Base/ Recreation 2 Special Development Distriet Type IV Any dwelling unit may be The EHU may N/A N/A , N/A Per Chapter N/A The EHU is designated and deed be sold or 12-10 as a calculated restricted as a Type IV transferred dwelling as density. EHU, unless already separately. unit. designated as an EHU. Type IV-CL °WF~id Us ' w The EHU may N/A N/A N/A Per Chapter Per Chapter 12- The EHU is (Commercial Any dwelling unit may be be sold or 12-10 as a 23, Commercial calculated Linkage designated and deed transferred dwelling. Linkage as density. mitigation restricted as a Type IV- separately. The _ unit. - unit) CL EHU, unless already EHU shall be ' designated as an EHU. linked to a , specific Commercial Linkage employee housin _ 20 ' Ordinance No. 12, Series of 2008, PEC draft mitigation requirement. Type IV-IZ ReFFAitted-Use: The EHU may N/A N/A N/A Per Chapter Per Chapter 12- The EHU is (Inclusionary Any dwelling unit may be be sold or 12-10 as a 24, Inclusionary calculated Zoning designated and deed transferred dwelling Zoning as density. mitigation restricted as a Type IV- separately. The unit. unit) IZ EHU, unless already EHU shall be designated as an EHU. linked to a specific Inclusionary Zoning employee housing mitigation - re uirement. Type V °°•^~~ei The EHU shall N/A N/A N/A Per Chapter 1,200 sq. ft. max. The EHU is Hillside Residential not be sold or 12-10 as a allowed as a transferred dwelling second unit separately from unit. on the - the unit it is property. . associated with. Type VI d'tieRal . As governed by As determined by As determined by As determined by Per Chapter As determined by As Housing the the PEC. the PEC. the PEC. 12-10 as a the PEC. determined management dwelling unit by the PEC. plan. or a parking Shall not be managemen subdivided or t plan per ~ divided into any Article 12-61, form of time Housing share, interval District ownership, or fractional fee unit. 21 Ordinance No. 12, Series of 2008, PEC draft Type VII-CL P8FFni#ed-Use: The EHU may The EHU is N/A N/A Per Chapter Per Chapter 12- The EHU is (Commercial High Density Multiple be sold or excluded from the 12-10 as a 23, Commercial excluded Linkage Family, Housing District, transferred calculation of dwelling unit Linkage from the mitigation Public Accommodation, separately. The GRFA. or a parking calculation unit) Public Accommodation EHU shall be managemen of density. 2, Commercial Core 1, linked to a t plan per Commercial Core 2, specific Chapter 12- Commercial Core 3, Commercial 23, Commercial Service Linkage Commercial Center, Arterial employee Linkage Business, General Use, housing Lionshead Mixed Use 1, mitigation Lionshead Mixed Use 2, requirement. Ski Base/Recreation, Ski - Base/Recreation 2, Parking District, and Special Development Districts ~ 22 Ordinance No. 12, Series of 2008, PEC draft TypeVll-IZ PeffR+tted-Usei The EHU may The EHU is N/A N/A Per Chapter Per Chapter 12- The EHU is (Inclusionary High Density Multiple be sold or excluded from the 12-10 as a 24, Inclusionary excluded Zoning Family, Housing District, transferred calculation of dwelling unit Zoning from the mitigation Public Accommodation, separately. GRFA. ' or a parking calculation unit) Public Accommodation The EHU shall managemen of density. 2, Commercial Core 1, be linked to a t plan per Commercial Core 2, specific Chapter 12- Commercial Core.3, Inclusionary 24, Commercial Service Zoning Inclusionary Center, Arterial employee Linkage. "Business, General Use, housing Lionshead Mixed Use 1, mitigation Lionshead Mixed Use 2, requirement. Ski Base/Recreation, Ski Base/Recreation 2, Parking District, and . Special Development Districts 23 Ordinance No. 12, Series of 2008, PEC draft Section 26. Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby amended as follows: 12-16-8: PERMIT APPROVAL AND EFFECT: Approval of a conditional use permit, or an amendment to an existing conditional use permit, shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. Approval of a conditional use permit shall also lapse and become void if the use for which the approval has been granted is discontinued for a period of two (2) years, regardless of any intent to resume operation of the use. Section 27 Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby amended as follows: 12-16-10: AMENDMENT PROCEDURES: 1. The Administrator may approve amendments to an existing conditional use permit (including, but not limited to, additions to buildings and structures associated with the use, changes to the operation of the use, changes to the previous conditions of approval, etc.) if the Administrator determines the amendment meets the following criteria: a. The amendment is in accordance with all applicable elements of the Vail Town Code and the Vail Comprehensive Plan; and, b. The amendment does not significantly alter the basic character or intent of the original conditional use permit; and, c. The amendment will not adversely affect the public health, safety, and welfare. ~ 2. All amendments to an existing conditional use permit not meeting the above ' listed criteria, as determined by the Administrator, shall be reviewed by the Planning and Environmental Commission in accordance with the procedures described in Section 12-16-5 of this chapter. Section 28. Chapter 14-10, Design Review Standards and Guidelines, of the Vail Town Code is hereby amended as follows: 14-10-12: Communications antennas and appurtenant equipment: Communications antennas and any associated appurtenant equipment should be integrated into existing principle buildings and structures. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality. Section 29. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, 24 Ordinance No. 12, Series of 2008, PEC draft regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 30. 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 31. 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 32. 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 1St day of July, 2008 and a public hearing for second reading of this Ordinance set for the 15'h day of July, 2008, in the Council Chambers of the Vail Municipal Building, Vail; Colorado. Richard D. Cleveland, Mayor Attest: ' Lorelei Donaldson, Town Clerk 25 Ordinance No. 12, Series of 2008, PEC draft Community Development Department 75 South Frontage Road Vail, Colorado USA 81657 VM" A TONVE CON DITIONAL USE PERMIT This conditional use permit is issued pursuant to the provisions of the Town of Vail Zoning Regulations for the following: a Name of project: Owner Name(s): p n S Description of project: 3 c~ 3 Address and Legal Description of project: W Permit Number(s): Date of Approval: Conditions of Approval: NOTE: The Administrator may suspend or revoke a conditional use permit issued under the provisions of Vail Town Code whenever the permit is issued in enor, or on the basis of incorrect information supplied, or when it is detemuned that the use or portion thereof is in violation of any condition of approval or any regulation of the Vail Town Code. Administrator Date . . 't • .J ~i ~y.e N^~'~' "•i.l.•tii ..a:: Ordinance No,12, Series of 2008 Text A'mendments 4 ' r z S j l s~'....""7 77 ; m Goal m strea Iine th `y 9 ~ r~ +,.-7[''~ ~i' ~ C '3wn'~ t`~~ ^:h` y ,..Y ~ e.k ~ r , -a f~~. 'Ta 3 y~.~ rt/~~ 'Y' p ~ ~ ~ . r~ 3 ~ Fr e ~ ~ yv~ "k.,~ x£ . ~'y~ ' S'.. 4~„it t, t' ..rq. t ~ Y C '"i ~ •r- J s'. . /`T1 ~ ~ ~ Town's d(-:%:veIa-%PmfC, no t ~ ~ ~ - ,t} i ~ ~ ~Ld j~ N. K x . -t ~ ~"f ~ t ~ •x,~i~,ro ~ ~'x~t~ M ~D . ~d z TR . Ty . H F ro3~ y ~ F ~.,cs ~,~+.''wv' pT ~.F~ review process ~ c s. ; ~ ~ ' n'i ~ r s t ~ - X~4.~~ , j• ` F o . ~zJ P_ . . t r k-A Y ~ ~ { 4 L ~ ~ ~ , r iy ~ . i> . . y 'k - . ~ ~ . ~ ~ t ry ~i i w . a s~~ a r ~ ~ i > r ` S'c . . y :~r ,,,r • . t ` ~ ~ 1 • f d . ~ . . _ t,t~3A~,- ~ -t ~ya ~'~~C'~~' ~~~a~ ~ tb,~ r'.fi.F~#1'^`r~ ~9?~e 'i' :,~L,~._ . ~ z ~p~ ~ ~i ~ ' ~~j~R ~ g rs ~ '~a^ ~Mi'' k'rkrd s^~ 0 rd 1~~ Nom 1"" a}y~ ~ . ....F`~~f ~ • To review certain conditional use permit ~A . applications administrat~ve y ~ r h4 (C L L:~~1¢~..e • To create time and cost savings for y+^"iy{'~~r~~A.?Cy~~G~ ~ ' '~'rt ~ ~*rv' ~ applicants staff and the PEC ~~~i?~~~~~~~~~ To achi-eve the same development outcorr,es as the current review process ~ ~.w*a P> . , . } J ~ fi 1 '1 ~~~lw. J: •?i.~' Sae.a . r 1 r f~ - %•.~:+;k.°- m t Review Applications Administratively ,S. s r{~~~~ • Employee Housing Units as permitted uses _ •••r:~ i fi 'r) 4 y _ • Communications antennas as permitted uses : H^t=l~ (General Use, Housing, and Commercial Core 3 only) f~~:f..~.~ ATM's as permitted uses (Vail Village and West Vail only) ~j~~~~~~`~~y • Minor CUP amendments reviewed by Staff r ~ ~ - ~'l ~.a~~ t'~ ~~~,y,~`'-• ~'fi~~~2'r~.~~ . . s .~r~.+~.~n~•'.?.. 7 Y`~, . a 7`R`~mS~n62la;' m ' Cu.,catin" ~ ~ ~ wciqtl Sacawlnofls x RF a~. ,p.Y''' SZ•i~,~;~,~.' a~',;Tr~!~' '~~ri:, •-PEC CUP ap plicatoon review process: t ~ 2 ~ .r~~4 ¦ • _4 weeks applicant. 's review pereod , > 30 hrs. of staff time ~ 7 hrs. PEC member time i; a •>$1 000 loss to the TOV rtax pa7ers \ ) ~ ~~~?~.7'~':f~''^~,~~ a i~~~`~''~pKr-~. ~ ~ $s i g x~ • Staff Creview process: • 1-2 week review period time savings e> 18 hrs. of staff time savings ~ rw~~ o> 6%2 hrs. PEC member time savings ```d'7r~-e,'S.•.;w .'x~'~' . • >$650 cost savings to the TOV (tax payers) ' a , r s' " I c ' L 'M G i°fis M a9`il. j ...>_...._`e.~._...... ..._..w ~ ° Creating Time and Cost Savings ' 'ff .r 1 • 246 CUP applications from 1990-2008 _I • Only 4 appIication were denied ~ ~ • 119 could have been staff reviewed • Total reduct. ~on in PEC rev. ~ews 48% 9 Further PEC ~ 52.0% o Review 48.0/0 O Possible Staff ~ Review ~ - ; ! y M,I( ' i~~° ~ S•"CK7 e,r- y?''"k' .ai' J.~-~y Y. % ~ "'S s ~ r Ef~„'~`s4~;f .fi' us;~ffi~~ ti~' ~nx,a}'~'~"h {.~s9~{h ~^`~~r'~,~. ¢j : . . ~ i ~i ~ 3 °r n~~,~~xe~~4~„~. 0, A' ~.~c~r ,~~rr, MAv;&hI?,'%IWffIn^ thO SaEO-imte Out%,C. y "~"NSi~~psev ;u ? P•9. ~ VOC. . Y l Several EHU Types are alreadY perm'itted. • Communications Antennas have historicall y ~~'~"~A` -`~ax~ ¦ ¦ been approved subject to desi'gn revoew. • ATM's are alreadY permitted in Lionshead. , • CUP amendments rnus~~ ~.......~~~a 54 z~~~.:~~~~~ ~ • ComplY with zoning and master plans • Not-alter the character and intent of the use • Not adverse9y affect public health, safety, and ~ welfare , + ~L!',~~ g'~ f toY~ _ ~.azs~r~~:ti~~ n~'e?• ~3 - , ' Town of Vail Proposed 2009 Budget Tometable Budget Guidelines Completed Presentation of 2007 audit report to Council 06/03/08 J Council discussion of budget timetable 8 philosophies 05/20/08 J Guidelines distributed to department heads 06/03/08 J 2008/2009 parking task force meeting TBD Budget Preparation Council discussion of major revenue items 06117I08 J Council discussion of 2008 Off-Cycle Contribution Requests 06/17/08 J Staff prepares departmental budgets 06/23/08 to 07/18/08 Town Manager reviews departmental budgets 07/25/08 to 09/05/08 Capital budget request for county funds submitted 07/25/08 Cauncil discussion of Vail Reinvestment Authority capital budget 08119/08 Council discussion of 15 & 5-year Capital plan 08119108 Council discussion of 15 8 5-year RETT plan 08/19108 Potential special meeting to follow up on capital plans 08l26/08 Council follow-up discussion of 15 8 5-year Capital 8 RETT plans 09/02I08 VLMD Board review of 2009 Operating Plan 09/02I08 Council review of first draft of Town Manager's budget 09/16/08 Council review of second draft of Town Manager's budget 10/07/08 Budget Documentation and Reporting First reading of 2008 Supplemental Number Two 09/02/08 Second reading of 2008 Supplemental Number Two 09/16108 First reading of 2009 budget ordinance 10/21/08 Vail Reinvestment Authority Budget Resolution 10/21/08 Second reading of 2009 budget ordinance 11/04J08 Vail Local Marketing District Budget Resolution 11/04J08 First reading of mil levy certification ordinance 11/18/08 First reading of 2008 Supplemental Number Three 12/02/08 Second reading of mil levy certification ordinance 12/02/08 Second reading of 2008 Supplemental Number Three 12/16l08 Mil levy certification deadline to Eagle County 12/15/08 Budget book submission (to State) 01/31/09 j Attachment A ;