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HomeMy WebLinkAbout2008-07-15 Support Documentation Town Council Evening Session PART 1 OF 4 s . - VAIL TOWN COUNCIL EVEN{NG SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. . Vail, CO 81657 ° 7:15 P.M., TUESDAY, JULY 15, 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. ITEMITOPIC: Citizen input. (10 min.) 2. ITEMITOPIC: Town Manager's Report. (30 min.) ? Summer Parking Strategies Update. ? Forest Health Update. (Please see memo.) ? East Meadow Drive Entry Feature. (Please see memo.) ? North Day Lot Update. 3. George Ruther ITEMITOPIC: A presentation of the "Project Plan" for the , LionsHead Parking Structure RedeVelopment Project. (60 min.) ACTION REQUESTED OF .COUNCIL: If the Vail Town Council supports the Project Plan as proposed, instruct staff to prepare a resolution adopting the Project Plan and amending various sections of the Development Improvement Agreement and retum to the Vail Town Council meeting on August 5, 2008 for consideration of the resolution and amended Development Improvement Agreement. BACKGROUND RATIONALE: On October 16, 2007, the Town of Vail and OHP, Vail One, LLC, caused a Development Improvement Agreement to be executed to facilitate the potential redevelopment of the LionsHead Parking Structure. Pursuant to the terms and conditions of the Agreement, in part; the developer shall be required to submit a"Project Plan" to the Vail Town Council for review and approval. The purpose of the project plan is to provide a schematic, architectural internal and external layout of the project, define the architectural uses and massing of the project, describe the vehicular and pedestrian circulation patterns for the project; including the valet parking program and loading and delivery operations, and to otherwise depict the final project design for both the Town and the developer. , _ . ~ ~i ~ STAFF RECOMiVIENDATION: The Town Staff recommends that the Vail Town Council instructs staff to prepare a resolution adopting the Project Plan and to work with OHP, Vail One, LLC on amendments to the Development Improvement Agreement. 4. Ron Braden ITEM/TOPIC: I-70 Fiber Optic Project. (10 min.) , ACTION REQUESTED OF COUNCIL: Consider staff's request to enter into a contract for installation of fiber from mile marker (MM) 182 near East Vail to MM 177 adjacent to Public Works. BACKGROUND RATIONALE: The Colorado Department of Transportation (CDOT) is currently installing fiber from Frisco to , mile marker 182. The Town of Vail has the opportunity to partner with CDOT and extend fiber capability to mile marker 177 adjacent to the Public Works campus. Additional background and benefits of this project are discussed in the attached memo. STAFF RECOMMENDATION: Authorize staff to enter into an IGA with CDOT and an agreement with their contractor, TetraTek, ' for up to $600,000 to extend fiber from MM 182 to MM 177. Direct staff to include this expenditure in the second supplemental appropriation of 2008. 5. Stan Hahn ITEMITOPIC: First reading of Ordinance 15, Series of 2008, an . Rachel Friede ordinance amending Section 10-1-2, Adopted Codes, Vail Town Code, in order to adopt the 2008 National Electrical Code, and Section 10-1-9, Electrical Code Amendments, Vail Town Code, in . order to adopt amendments to the 2008 National Electrical Code. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 15, Series of 2008 on first reading. BACKGROUND: Every three years, the administrator of the National Electrical Code (NEC), the National Fire Protection . Association (NFPA) conducts a public review process to update the NEC. This year, the NFPA adopted the 2008 NEC, which will be officially adopted by the State of Colorado on August 1, 2008. STAFF RECOMMENDATION: The Department of Community Development recommends that the Vail Town Councit approve Ordinance No. 15, Series of 2008, on first reading. 6. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 16, Series of 2008, an ordinance to allow for the rezoning of finro unplatted. parcels commonly known as the "Vail Professional Building" and "Cascade Crossing° from Arterial Business district to LionsHead Mixed Use-2 district and portions of unplatted and unzoned South ~ ~ Frontage Road West right-of-way to LionsHead Mixed Use-2 district, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 16, Series of 2008, on first reading. BACKGROUND RATIONALE: 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 West right-of-way that would become a part of developabte lots once the Frontage Road were relocated to parallel the interstate:. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 16, Series of 2008, on first reading. 7. Scot Hunn ITEMITOPIC: A request for second 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 Comerstone Site. (PEC070055) (5 min.) ACTION REQUESTED OF COUNCIL: Staff recommends the Council approves, on second reading, 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. 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 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) On July 1, 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 6-1 (Foley opposed) to approve, with conditions, Ordinance No. 5, Series of 2008, on first reading. 8. Bill Gibson ITEM/TOPIC: Second reading of Ordinance No. 12, Series of 2008, an ordinance amending Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of 1 ~ , specific conditional uses, and setting forth . details in regard thereto. (PEC080103) (10 min.) , ACTION REQUESTED OF COUNCIL: Approved, approve with modifications, or deny Ordinance No. '12, Series of 2008, on _ second reading. , BACKGROUND RATIONALE: On June 23, 2008, the Planning and Environmental Commission 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. At its July 1, 2008, public hearing, the Town Council approved the first reading of Ordinance No. 12, 2008, by a vote of 43-0 (Foley, Daly, and Hitt opposed). Since the first reading, Staff is proposing to delete the word "significantly" from proposed Section 12-16-10- B to address some of the Council Members' concerns about the first reading. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 12, Series of 2008, on second reading. 9. Matt Mire ITEM/TOPIC: Resolution No. 14, Series of 2008, a Resolution Approving an Intergovemmental Golf Course Lease Agreement with the Vail Park and Recreation District; and Setting Forth ~ Details in Regard Thereto. (30 min.) ACTION REQUESTED OF AUTHORITY: Approve, amend or deny Resolution No. 14, Series of 2008. BACKGROUND: The- Town and the Vail Park and Recreation District (the "VRD") entered into a golf course lease agreement on May 27, 1966. On March 4, 2008 Council authorized the Town , Manager to enter into a Master Facilities Lease Agreement with the VRD expressly contingent upon the eventual approval of an intergovernmental lease agreement with the VRD for the Vail Goff Course. STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 14, Series of 2008. 10. ITEMITOPIC: Adjoumment. (10:20 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) x~ THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION - WILL BEGIN AT TBD, TUESDAY, AUGUST 5, 2008 IN THE VAIL TOWN COUNCiL CHAMBERS. ~ r+~: 2008 Vail Fire and Emergency Services Mitigation/Wildland Fire Crew Update ~ The Vail Fire and Emergency Services Mitigation /Wildland Fire Crew is in its.second season of operation. We currently have 6 Wildland Firefighters who work on two shifts giving the town 3 to 4 Wildland firefighters on duty 7 days a week. They operate from a type 7, a type 6 wildland engines, and a chipper truck working 4- 10 hour shifts. They are also available for call back if needed. Their duties include Vail Valley Forest Health project work in and around the Town of Vail, free Firewise Home Safety Assessments, hazard tree evaluation on town land and private land as well as Wildland Fire response. When accessible the crew will fall and chip up trees. When trees are too far to drive to they fall, delimb, pile and burn piles when weather conditions permit. Progress to date: Helicopter Operations to move 1000 trees in West Vail are complete. We cio not see the helicopter returning next year. Fire wise Home Inspections: 18 to date up from last years 8 Cutting and chipping with in the town of Vail: East Vail: We have cut along Bighorn drive 30 trees And will continue to cut along Bighorn to the west. East Vail Bike Path: Continue to cut as red trees appear. Waiting for water level to drop to gain access to %2 a dozen trees Golf course: West end near Northwood's Condominiums and soccer field about 20 trees In the Yurt area about 30 trees with more to cut as soon as traffic levels decrease. Ford Amphitheater and Nature Center: 2 large trees at the bridge near the ticket office. . As traffic lessons will get about 10 trees in and around the Nature Center Vail Village and Lionshead: 5 trees in Forest road area 1 at pedestrian over pass with many more trees to be cut in pump house - bridge to no were area along the bike path. Redsandstone at the North Trail area: 16 trees cut and stacked Donovan Park Area: Continue to bring down new red. trees 15 to date. Disperse 07 burn piles Monitoring new Aspen growth West Vail: Vermont Road 150 trees for forest Health Project Will continue to -fall trees as they turn or threaten properties Continue to build burn piles above Stephens Park area Start chipping in helicopter yarding area for land rehabilitation. We will be waiting for the weather to be favorable in the fall so we can burn all of the piles that have collectively constructed from the Forest Service and Town of Vail Crews. About 3000 through out the valley. , All of the Forest Service cutting has been completed on the North side of the valley for this year. They had a crew of about 30 Sawyers that worked very had to complete their task. ; J In summary the Vail crew has cut around 260 trees so far this year. We have started to contact property owners for hazard tree compliance. The town attorney is crafting the letter to our property owners to advise of ' our enforcement preccedures. We are currently working with Community Development to stream line the Hazard tree removal process. The home inspections are up in numbers and we are beginning to make some visible head way. Thank you for your continued support in our on going Forest Health projects. . ~ , TOWN OF VAIL 2008 - 2009 Beetle Tree Operation Areas Miles 1$ C ~ ~ 0 0.5 1 5 ; ~ o , ' . N 13 6 2 12 10 8 ~ ~ 11 9 7 4 8 ~ 14 3 2 , 17 ~ ; Work 15 - Unit Pro ect I 16 1 BIGHORN z 1 ~2 PITKIN CREEK 3 BIGHORN HILLSIDE I I 4 THE FALLS CUT & PILE 5 BOOTH BURN 6 EAST VAIL BIKE PATH 7 PTARMIGAN In Pro ess 8 GOLF COURSE - g 9 NATURE CENTER Com leted 10 LIONSHEAD SKIER BRIDGE - p 11 GORE CREEK WEST / FOREST ROAD 12 V.R. PUMP HOUSE 13 THE VALLEY / BUFFEHR CREEK 14 DONOVAN PARK 15 VAIL FOREST HEALTH I VERMONT ROAD 16 STEVENS PARK 17 AROSA I EAST SIDE 18 NORTH TRAIL AT RED SANDSTONE ROAD This map was aeated by Ihe Town of Vail GIS Team. Use d this map shald be fa gerieral purposes only The Tovm d Vail dces not warranl the acaracy of the infamatbn conlained herein. (where shovm, parcel line work is approximate) ,lune,zooe 90ANffP ~ I , ~ Art in Public Places East Meadow Drive Entry Feature July 8, 2008 Art in Public Places, acting on a recommendation from Town Council, asked artist James G. Moore to submit a proposal for the Meadow Drive Entry Feature. Moore, whose bell sculptures are currently on display in Ford Park, provided AIPP with a written project description and sketches showing two possible approaches. The design favored by AIPP is somewhat of an enlarged version of Moore's Elements sculpture. A single bell is suspended from an approximately fifteen foot high supporting structure. The bell, cast in bronze, would incorporate colored glass, thus functioning as a lamp and reminiscent of the Arts and Crafts movement. AIPP believes this approach would compliment the surrounding architecture which often incorporates hand-wrought metal features. The artist provided the Town of Vail preliminary concepts at no charge. On July 7, the Art in Public Places Board voted unanimously to pay the artist $2,000 to develop the idea further, identify materials, compile a budget and provide several good and accurate illustrations of the sculptures for presentation to the community in a public meeting. . . ~ Elements by James G. Moore MEMORANDUM To: Town Council From: Ron Braden, Information Technology Director Subject: I-70 Fiber Optic Project , Date: July 10, 2008 The Town of Vail has a unique opportunity to partner with the Colorado Department of Transportation (CDOT) on an active fiber optics project to install fiber through the Vail interstate corridor. The existing 5.2 million dollar project was awarded to TetraTek who is extending the'existing fiber from Frisco to MM 182 this summer. It is our desire to see the'fiber extended from MM 182 to MM 177 so that we can physically tie our network into CDOT's. This will give us a direct link into the CDOT system where we will have access to all cameras and variable message signs (VMS) state-wide. One example of the use of this would allow the Vail Communications Center to pan or tilt a camera on Vail Pass to get real time -observation of an accident or incident, and then update the VMS in Vail to reflect the information that was seen from the camera. The Town of Vail will have its own conduit with 12 single mode fibers from the top of Vail Pass to West Vail. This sets Vail up for the future and gives an infinite number of possibilities with cameras, variable message signs, internet protocol (IP) based radio repeaters, wireless access points and other enhancements. In addition, it will give us a direct link to the new West Vail Fire Station so that we do not have to rely on wireless or subscriber lines, as fiber is more reliable with much higher capacity. Based on prior estimates, we had expected to spend up to $412,000 to run fiber along the Frontage Road to West Vail for a new station. This cost can be avoided since CDOT will give us the fiber strands to West Vail as the project enters the next phase. CDOT's goal is to finish the link between Frisco and Glenwood Canyon in the next few years. This is an opportunity to create a lasting technology partnership with CDOT and put a crucial network transport, which the Town of Vail will own and control, in the place through Vail's interstate corridor for whatever•the future may hold. Funding for this project is available from the Capital Projects Fund balance which is budgeted at $1,528,848 at the end of 2008. This balance does not reflect the incremental property tax revenue, estimated at $450,000, which will be directed to the Capital Projects Fund to be held until released by Council. Nor does it include revenue from the construction use tax, which has contributed $400,000 from January 1 through July 10, 2008. Also, some currently budgeted expenditures will not occur in 2008, thus increasing the fund balance above the current projection. Staff requests your authorization to enter into an intergovernmental agreement (IGA) with CDOT and an agreement with.their contractor, TreTek, for an amount not to exceed $600,000 to extend fiber from MM 182 to MM 177. If authorized, this expenditure will be included in the second supplemental appropriation for 2008. ~ MEMORANDUM. TO: Vail Town Council FROM: Community Development Department DATE: July 15, 2008 SUBJECT: First reading of Ordinance No. 16, Series of 2008, an ordinance to allow for the rezoning of finro unplatted parcels commonly known as the "Vail Professional Building" and "Cascade Crossing" from Arterial Business district to Lionshead Mixed Use-2 district and portions of unplatted and unzoned South Frontage Road West right-of-way to Lionshead Mixed Use-2 district, and setting forth details in regard thereto. 1. PURPOSE . First reading of Ordinance No. 16, Series of 2008, an ordinance-to allow for the rezoning of two unplatted parcels commonly known as the "Vail Professional Building" and "Cascade ,Crossing° from Arterial. Business district to Cionshead Mixed Use-2 district and portions of unplatted and unzoned South Frontage Road West right-of-way to Lionshead Mixed Use-2 district, and setting forth details in regard thereto. The rezoning of the two parcels and portions of right-of-way will combine with the existing properties known as the Holy Cross Lot, Vai.l Resorts Maintenance Yard, and, former BP/Amoco gas station site which are currently zoned Lionshead Mixed Use-2 district. The Town Council is responsible for final approval/denial of a zoning/rezoning. The Town Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare. of the community. 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 1 G , r 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. 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 will 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 reco.rded 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 Frontage Road were relocated to parallel the interstate. A copy of the memorandum and attachments to the PEC are attached for reference (Attachment B) On July. 1, 2008, the Town Council participated in a work session to reintroduce the Ever Vail project and to discuss the proposed steps in reviewing the project. It was discussed at this meeting that the requesf for a rezoning of portions of the overall development site known as Ever vail would be the immediate next. step. The applicant has submitted a letter responding to the questions and comments of the Town Council at this hearing (Attachment C) lII. ZONING ANALYSIS The , following zoning analysis provides a comparison of the development potential currently allowed under Arterial Business District (ABD) to that of the proposed Lionshead Mixed Use-2 District (LMU-2). ~ 2 t • Legal Description: Unplatted Land Use Designation: Community Office Lot Size: 87,120 sq. ft./2.0 acres Development Standard ADB LMU-2 Lot Area: 25,000 sq. ft. min. 10,000 sq. ft. min. Setbacks: Front: 15 ft. 60% of frontage 10 ft. all sides 20 ft. 40% of frontage , Sides: 15 ft. Rear: 10 ft. Height: 70% between 32 ft. and 40 ft. 82.5 ft. max: 30% less than 32 ft. 71 ft. average Density Control: No dwelling units allowed 70 d.u.s, Type III EHUs conditional unlimited a.u.s, f.f.u.s, e.h.u.s, timeshare (33% over existing or 35 d.u.s/acre wliichever is - greater) GRFA: 52,272 sq. ft. 217,800 sq. ft. (33% over existing or 250%0 of ` buildable area whichever. is greater) Site Coverage: 52,272 sq: ft. 60.984 sq. ft. (60%) (70%) Landscaping: 21,780 sq. ft. 17,424 sq. ft. (25%) (20%) Parking Per Chapter 10 of Per Chapter 10 of the Zoning the Zoning Regulations Regulations The following zoning analysis provides an explanation of the development potential that would be applied to the unplatted and' unzoned South Frontage Road right-of-way if it were to be rezoned to Lionshead Mixed Use-2 District (LMU-2). This analysis took into account the area of right-of-way being incorporated into Lots 1 and 2 of the Ever Vail Preliminary Plan minus the property provide from existing lots to the relocated right-of-way. 3 : Legal Description: Unplatted Land Use Designation: Not Applicable - Lot Size: 139,778 sq. ft.13.21 acres Development Standard LMU-2 Lot Area: 10,000 sq. ft. min. Setbacks: 10 ft. all sides . • Height: 82.5 ft. max. 71 ft. average Density Control: 112 d.u.s, unlimited a.u.s, f.f.u.s, e..h.u.s, timeshare GRFA: 349,445 sq. ft. if entire site is buildable Site Coverage: 97,844.6 sq. ft. ' (70%0) Landscaping: 27,955.6 sq. ft. (20%) Parking Per Chapter 10 of the Zoning Regulations , The following is a zoning analysis of the development potential of Lots 1 and 2 as depicted on the Ever Vail Preliminary Plan, if adopted as shown. Legal Description: Lot 1, Ever Vail Subdivision Land Use Designation: Lionshead Redevelopment Master Plan Lot Size: 330,402.6 sq. ft./7.585 acres Development Standard LMU-2 Lot Arlea: 10,000 sq. ft. min. ' - Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average 1 Density Control: 112 d.u.s,, unlimited a.u.s, f.f.u.s, e.h.u.s, timeshare GRFA: 732,087.5 sq. ft. (292,835 sq. ft. buildable site area) , Site Coverage:" 231,281:4 sq. ft. (70%) ' l.andscaping: 66,080.5 sq. ft. , (20%) 4 ~ • Parking Per Chapter 10 of the Zoning Regulations Legal Description: Lot 2, Ever Vail Subdivision . Land Use Designation: Lionshead Redevelopment Master Plan Lot Size: 156,162.6 sq. ft./3.585 acres. Development Standard LMU-2 Lot Area: 10,000 sq. ft. min. Setbacks: 10 ft. all sides Height: . 82.5"ft. max. ' 71 ft. average Density Control: 125 d:u.s, unlimited a.u.s, f.f.u.s, e.h.u.s, timeshare GRFA: 349,800 sq. ft. (139,920 sg. ft. buildable site area) Site Coverage: 109,313.8 sq. ft. (70%) Landscaping:, 31,232.5 sq, ft. (20%) Parking Per Chapter 10 of the Zoning Regulations IV. CRITERIA AND FINDINGS . • Amendment to the Official Zonin4 Maq of the Town of Vail (rezoninq). " Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town Code authorizes amendments to the Official Zoning Map.of the Town of Vail. Pursuant to Section 12-3-7, Amendments, in part,, , . "an application to amend the disfrict boundaries of the Zoning Map may be initiated by. petition of any residenf or property owner in the Town." Furthermore, Section 12-3-7 C prescribes the criteria and findings the Planning and Environmental.Commission and Town Council shall consider with respect to a request to amend the Zoning Map. The applicant is seeking a recommendation of approval to rezone two unplatted properties, from ADB to LMU-2 and a portion of unplatted and unzoned South Frontage Road right-of-way to LMU-2. According to Section 12-3-7 C, of the Vail Town Code, Before acting on an application for a zone district boundary amendment, the Planning and Environrhental Commission and Town Council sha/l consider the fo/lowing factors with respect to the requested zone district boundary amendment: 5 . . 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and The redevelopment of the properties incorporating the Ever Vail ' project began in early 2006; with the start of public meetings and hearings to discuss incorporation of several parcels into the Lionshead Redevelopment Master Plan and amendments to the Master Plan for the area known as "West Lionshead". In early 2007, Town Council adopted, through resolution, the amendments to the . Master Plan that evolved over a year of public process. The proposed rezoning of finro properties and portions of the unplatted. South Frontage Road right-of-way is one of the steps in effecting the change in Ever Vail that was anticipated through the adoption of the changes to the Master Plan. Staff has reviewed the proposed rezoning request and found it to be in compliance with the multiple elements of the Vail Comprehensive Plan. Within Section V of this memorandum staff provided the Policies and Goals identified in both ' the Lionshead Redevelopment Master Plan and the Vail Land Use Plan which apply to this request. The requested rezonings in conjunction with the possible adoption of a Ever Vail Final Plat will be the basis for creating the foundation from which many of the policies and goals of the Vail Comprehensive Plan can be achieved. The proposed rezoning is consistent and compatible with, the. Vail Comprehensive Plan and the Town's development objectives. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents; and . The Lionshead Mixed Use-2 District establishes zoning that is consistent witK both existing and proposed uses on the subject properties. Currently, the Ever Vail area. contains industrial uses, a public utility, commercial, and office. As a part of the redevelopment the remaining adjacent uses will be the water treatment plant and the Glen Lyon Office Building. Staff believes that the permitted and conditional uses listed within the LMU-2 District are suitable uses to be adjacent to the remaining properties. The proposed use of the properties within Ever Vail will be a mixed use development containing a combination of retail/commercial, office, dwelling units, accommodation units, time share, and employee housing. Special attention should be given to the Detailed Plan Recommendations outlined Chapter 5. of the Lionshead Redevelopment Master Plan for the area known as Ever Vail. This language is found in Section V of this memorandum. 6 ' • _ 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistentwith municipal development objectives;- and The LMU-2 District is consistent with the existing and proposed use of the property. The proposed zone district implements specific goals of the Vail Land Use Plan and Lionshead Redevelopment Master Plan., Staff believes that the proposed rezoning~ presents a harmonious, convenient, and _ workable relationship with land uses in the area consistent with the existing and proposed use of the property. For example, while the overall density of development on the subject properties will increase as a result of the zone district boundary amendment, the relocation of the South Frontage Road right-of-way, the detailed plan recommendations for the development site, and the anticipated off site vehicular and pedestrian improvements ensures a workable relationship. among land uses. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and The proposed rezoning establishes consistent zoning for the subject " properties with regards to their adjacent zoned LMU-2 District . properties. This rezoning will create a zone district consistent with the . existing and proposed use of the property. The proposed rezoning and development plan provide . for the development of an orderly viable community consistent with the Town's development interests as expressed in the Lionshead Redevelopment Master Plan. The purpose of the LMU-2 District is, in part, "to provide sites for /odges, hotels, fractional fee clubs, lodge dwelling units, and timeshares", "to provide economic incentives for properties to redevelop", and "to create an economically vibrant lodging, housing and commercial core area." Rezoning the subject properties to LMU-2 District will allow for the redevelopment of the Ever Vail area consistent with the recommendations found in the Master Plan for Ever Vail. Staff believes that this amendment furthers the development objectives of the Town and serves the best interest of the community as a whole. 5. The extent to which the zone district amendment results in . adverse or beneficial impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and . The proposed rezoning will change the existing character and uses currently present on the subject properties. However, staff does not foresee any adverse impacts on the natural environment to include • water quality, air quality, noise, vegetation, etc. In fact, given the language as adopted for the detailed recommendations for the site, it could be reasonably expected that beneficial impacts could result 7 1 , fr= the rezoning and redevelopment of the site. For example, an ° intended outcome of the redevelopment of this,site, according to the Lionshead Redevelopment Master Plan, is the restoration and enhancement of the Red Sandstone Creek riparian corridor. 6. The extent to which the zone district amendment is consistent , with the purpose statement of the proposed zone district. The LMU-2 District is proposed for the subject properties. The proposed zone districf amendment is consistent with the intended purpose of that zone district. A copy of the purpose statement of the LMU-2 District is provided in Section V of this memorandum. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. Since the original adoption of zoning on the property, the Town of Vail , has undergone an extensive study for fhe redevelopment of the Lionshead area of Town. As such, the Town has adopted clearly identifiable goals and objectives for development in this general area of Town. In order to ensure that these goals and objectives for development are carried out, the Town adopted finro zone districts; one of which. is the LMU-2 District. If approved, the applicant will be afforded the opportunity to redevelop the Vait Professional Building and Vail Cascade properties and portions of the unplatted South Frontage Road with the Town's goals in mind. To that end, the Lionshead Redevelopment Master Plan, through the adoption of Resolution No. 4, Series of 2007, outlines very clear and specific ~ objectives for development on the properties to be rezoned. These objectives can be found in Chapter 5 of the Lionshead Redevelopment Master Plan. 8. Such other factors and criteria as the . Commission and/or Council deem applicable to the proposed rezoning. V. DISCUSSION In conjunction with this request to rezone certain properties and right-of-way Staff believes there are several. topics which should be presented at this point so that the applicant and Council can be aware of Staff s focus moving forward. As Ever Vail progresses -through the multiple applications Staff will be focused on the following: •The need for additional public parking spaces. • Stream setbacks from Red Sandstone Creek and the treatment proposed for the creek. Including the creation of a stream tract which may ultimately be zoned to Outdoor Recreation district or Natural Area Preservation district and provided to the Town. • The Frontage Road realignment and bridge including their design and function. • Setbacks of structures from the realigned Frontage Road. _ 8 ~ • Building height with regard to overall experience in the new village. . • The creation of a pedestrian experience that will serve as a draw for visitors to this new portal while not cannibalizing the existing portals. VI. ACTION REQUESTED OF COUNCIL The Community Development Department recommends.that the Vail Town Council approves Ordinance No. 16, Series of 2008, on first reading. Should the Town Council choose to approve this zone district boundary amendment, the Community. Development Department recommends the Council pass the following motion: The Town Council approves, with conditions, the_ first reading of a zone district boundary amendment, pursuant fo 12-3-7, Amendments, Vai! Town Code, to allow for a rezoning of properties from Arterial Business District and South Frontage Road West righf-of-way which is not zoned to Lionshead Mixed Use-2, properties known as "Ever Vail" (VI/est Lionshead), located at 953 and 1031 South Frontage Road West and Soufh Frontage Road West right-of-way, (a complete legal description is available for inspection af the Town of Vail Community Developmenf Department), and setting forth details in regard thereto. This approval with conditions is fo rezone Lots 1 and 2 created by the Ever Vail Final Plat, if adopted, to Lionshead Mixed Use-2 District. Should the Town Council choose to approve this zone district boundary amendment, the Community Development Department recommends the Council pass the following findings: "Before recommending and/or granting an approval of an application for a zone district boundary amendmenf the Planning & Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment:. 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the 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. " Should the Town Council choose to approve this zone district boundary amendment, the Community Development Department recommends the Council the following conditions: 9 0 , , 1. That this approval to amend the zone district boundaries of the Town of Vail Official Zoning Map to rezone Lots 1 and 2 of the proposed Ever Vail . ' subdivision as Lionshead Mixed Use-2 District will become effective upon review, approval, and recording of the Ever. Vail Final Plat by the Planning and Environmental Commission and Town Council. 2. That this: approval of a zone district boundary amendment boundaries of the Town of Vail Official Zoning Map shall expire on August 5, 2011, if the • review, approval, and recording of the Ever Vail Final Plat by the Planning Commission and Town Council has not occurred. VII. ATTACHMENTS A. Ordinance No. 16, Series of 2008 B. Copy of the Planning and Environmental Commission memorandum dated October 22,,2007 . " C. Letter from the applicant responding to questions and comments made by Council at,the July 1, 2008, hearing. r ~ 10 , ' ORDINANCE NO. 16 Series of 2008 . AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE W1TH TITLE 12, ZONING REGULATiONS, CHAPT.ER 5, ZONNG MAP; REZONING TWO UNPLATTED PARCELS COMMONLY KNOWN ASTHE VAIL PROFESSIONAL BUILDING AND CASCADE CROSSING, FROM ARTERIAL BUSINESS (ABD) DISTRICT TO LIONSHEAD MIXED USE-2 (LMU-2) DISTRICT, AND REZONING OF PORTIONS OF THE SOUTH FRONTAGE ROAD WESTWHICH IS NOT CURRENTLY ZONED • TO LIONSHEAD MIXED USE 2(LMU-2) DISTRICT AND SETTING FORTH DETAILS IN . REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and , WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on October 22, 2007, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a recommendation of approval by a vote of 5-1-0 (Cleveland opposed), of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals,"objectives and policies outlined in the Vail Comprehensive Plan, the Vail Village Master Plan and is compatible with the devefopment objectives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious deveiopment 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 higfiest ORDINANCE N0.16, SERIES OF 200B . Vail Town Council Attachment: A quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Zoning Map Amendment The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: Two unplatted parcels commonly known as the Vail Professional Building and Cascade Crossing shall be rezoned from Arterial Business (ABD) district to Lionshead Mixed Use-2 (LMU-2) district, and portions of the South Frontage Road right-of-way will be zoned Lionshead Mixed use-2 (LMU-2) district, as illustrated on Exhibit A attached hereto. Section 2. Conditions The following conditions shall govern the approval of this rezoning request. 1. That this approval to amend the zone district boundaries of the Town of Vail 4fficial Zoning Map to rezone~ Lots 1 and 2 of the proposed Ever Vail subdivision as, Lionshead Mixed Use-2 District will become effective upon review, approval, and recording of the Ever Vail Final Plat by the; Planning and Environmental Commission and Town Council. . 2. That this approval of a zone district boundary amendment boundaries of the Town of Vail Official Zoning Map shall expire on August 5, 2011, if the ceview, approval,.and recording of the Ever Vail Final Plat by the Planning Commission and Town Council has not occurred. , . 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. ' ' ORDINANCE N0.16, SERIES OF 200B - , 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 S. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which lias 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 siated 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 15th day of July, 2008, and a public hearing for second reading of this Ordinance set for the 5th day of August, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk ORDINANCE N0.16, SERIES OF 2006 . PROPOSED ZONING L~n~ - - EVER VAIL -Ra ~W; ~ TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO ~ I ' ~ ~ /RADIUS = 85.07' DELTA - 6978'20' / wMGE et WEST RANGE bp WEST ARC - 103.15' TANGENT . 58.99' CHORD - 96.95' SEG !+~G e / BRC - S385T25'E stc. iz scc. 7 IA ~ I VAIL SPA CONDOMINIUMS VARGfl i0 BE . CbNKYED TO . (AEC. No, iB1lS1) i - 70 R.O.W. ~ _ _ . / / (cueRcNr zauiec'uMu-i') suaJEcr sh scuc: r . iaoo' VICINITY MAP PARi OF SEC110N5 6 b 1, i0M115HIP 5 SWM AANGE BO MESi. Bth P.M. EDGE Of E~5IBWN~~/ I / AND SEC110N 1i, i0M44911P 5 SWiH, RANCE B1 NESi. 6lh P.M. 0I- 70 PA49ENi WFSj LIONSHEAD CIRCLE (so' vnoTn a.o.w.) TRACT 8 I SOUTH FRONTAGE ROAD S16DIVISION (m ee vAwim) J---FOREST ROAD (50' 'MDTH R.O.W.) / ~P R (ERTENSION) / ' PARCEL 1 ~ CENiERIINE OF' / / / . . I-10 R.O.W. ~ . (tl1RREN7 Z(MANG 'UN-7') $26`17~SO~W 20b2' p 0 i 1-70 R.o.w (Parsra+ To . enoius = s79as' PARCEe~~caimnL 26B ~ .~ccess u n~T , j so Po. / mn l I seu i. DELTA - 15'32'51' ~ v (A¢c. Na 90e755) aac / / \ 7 Sy I (io eE v.cetco) / = is~.~s' TAN6ENT = 79.08' ~ Launa a New p I . ( CHORD = 756.70' / saurn ma+rACe / aoeo \ I BRC = S38D4'37'W RADIUS = 74.91' RADIUS = 5580.00' Puetic smNCE DELTA = 6239'23' DELiA = 5'44'H' ~ 1 p~ Q~~J I . ~ ~~>+i ARC = 81.94' ARC ~ 557.55' ~ 'OO. / ~ Y~°~JO~~ TANCENT = 45.80' '~5T DAY $UBDIVISION TANGENT = 279,01' ~ iC,' I 1P I I /CHORD - 77.90' (R[c ua soeno) CHORD - 557.31' VAIL PROFESSIONAL ' m ~BRC = S7511'18'W (cuxeENi zoNiNC'uMu-t•) eRG ~ N5774'30'e BUILDING 51550'2TE e.se- ~ 0 PARCa ro Bc / ~~~~8 \ /I 2211g RADIU$ ~ 623.00' U ~ i ~~o,w CASCADE DELTA = 11'45'49' CROSSINGS utc = 127,91' TANGENT - 64.18' ~ CHORD - 117.88' ~ r, i - BRC ~ 55831'44'W ~ _---sD07B'40'W 1 O PARCEL 2 187.31' f xsee ecACS 1 aueuc sEnIACx w. usEurrvt ROpD (a~xewr m~mc'rao•) > LOi 1 lk ~ (BOON 618, PAGE 191) ~ 01: EAGLE RIVER WATER & SANITA110N DISTRICT t NCWWI 573'48'50 w (FORMER BP (REc x, emu) 1 No. 45.97' SITE) (wRRENt ta+we •w•) GRAPHIC SCALE 6 `y6GHWP~I~ TO -J ~IN FEL-r~ e2 ~ L 3n Acass a onun e~.sEUC,ur 1 ~e ~ 6 (ro BE qtEelED) N15'43'16'W ^~a16W ~ LINE TABLE 83.59' LOi 54 GORE CREEK (aRREn,rzoNiNc'Nw') LINE LENCiH BEARING CLEN LYON SUBDINSION u L2 1675' S0.5'39'O5'W (Rcc. N. ieem) ~ I w s79'3i'w (cunaar zaixc'soo P") ~ m si. ' sn~5orw u as 4 L7 KZC 9'/0' 1"N / LB 7214' N15'H'3'W INDICATES PROPOSED ~ N0691'4'E L10 29.pE' N1570'50'E ~ LIONSHEAD MIXED USE - 2 L+1 71.74' N05'43'48'W / 03 'k~ NIOM'35'W GaeRmae ~ ZONED AREA ~'914.°:E Surveyina, Lu L15 70.o7 Ni101'pp'W ' . P.OCQY75 L76 N1159'73'E 9~1711Gb7 L17 45. N07RY57'W km,coeum fl7G1179JM1. lp fl141/A-07f 09 N. N189t4'pg'[ SE ,,:07-7721-M uo n. Exhibit A if , MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 22, 2007 SUBJECT: A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and South Frontage Road West right-of-way which is not zoned to Lionshead Mixed Use-2, properties known as "Ever Vail" (West Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road West right-of-way, (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC07-0021) Applicant: Vail Resorts Development Company, represented by Thomas Miller Planner: Warren Campbell 1. SUMMARY The applicant, Vail Resorts Dev.elopment Company, represented.by Thomas Miller, has submitted a request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and South Frontage Road West. right-of-way which _ is not. zoned to Lionshead. Mixed Use-2, properties known as "Ever Vail" (West. Lionshead), located at 953 and 1031 South Frontage Road West. and South Frontage Road. West. rig ht-of-way, (a complete legal description is available for inspection at the Town of Vail Community Development Department), The applicant has submitted the application in anticipation of the redevelopment of the area known as Ever Vail and the possible adoption of a fnal plat creating Lots 1 and 2 of the Ever Vail Subdivision. Staff is recommending that the Planning and Environmental Commission forwards a recommendation of approval, with a condition of the proposed rezonings. subject to the findings and conditions outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST . The applicant, Vail Resorts Development Company, represented by Thomas Miller, has submitted a request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and South Frontage Road West right-of-way which is. not zoned to Lionshead Mixed Use-2. The purpose of the application is to amend the Official Zoning Map of the Town of Vail whereby the unplatted Vail Professional Building and Cascade Crossing properties and South Frontage Road right-of-way will be rezoned to Lionshead Mixed t _ Vail Town Council Attachment: B . Use-2 zone district. The applicant has submitted the application in anticipation of the redevelopment of the area known as Ever Vail and the possible adoption of a final plat creating Lots • 1 and 2 of the Ever Vail Subdivision. This requested recommendation is to rezone Lots 1 and 2 created by the Ever Vail Final Plat, if adopted, to Lionshead Mixed Use-2 District. A vicinity map of the development site and surrounding area has been attached for reference. (Attachment A). A copy of a plan depicting the proposed property rezonings (Attachment B) and a document entitled Rezonina. Reauest from ABD to LMU-2 and to zone portions of the existinq S. Frontaae Road ripht-of-wav to LMU-2 dated revised September 17, 2007, describing the request in greater detail from the applicant (Attachment C) are attached for reference. ~ I11. BACKGROUND The Vail Resorts Maintenance Shop was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. The Holy Cross Lot, Vail Professional Building, Cascade Crossing, and former gas station sites where annexed into the Town of Vail by Ordinance No. 26, Series of 1975, which became effective on December 16, 1975. On December 11, 2006, the Planning. and. Environmental Commission forwarded a recommendation of approval for amendments to the Lionshead Redevelopment Master Plan to include the Vail Professional Building and Cascade Crossing parcels within the Master Plan boundaries and to amend the recommendations for the area known as "West Lionshead": On February6, 2007, the Vail Town Council adopted Resolution No. 4, Series of 2007, which implemented the changes to the Lionshead Redevelopment Master Plan regarding West Lionshead and the area now called Ever Vail. IV. ROLES OF THE REVIEWING BODIES Rezoninca/Zone District Boundarv Amendment Planning and Environmental Commission: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. ' Design Review Board: The Design Review Board has no review authority on zoning/rezonings. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a 2 . 0 recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: The Town Council is responsible for final approval/denial of a zoning/rezoning. The Town Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. V. APPLICABLE PLANNING DOCUMENTS . - Town of Vail Zoninq Regulations (Title 12, Vail Town Code) Lionshead Mixed Use-2 District 12-71-1: Purpose: ' The Lionshead mixed use 2 district is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices,. skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment masfer plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings. and'uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district, is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopmenf master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibranY lodging, housing, and commercial core area. The incentives in this. zone district include increases in allowable gross residential floor area; building height, and , density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to creafe economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master'plan. Additionally, the incentives are created to help finance public, off site, improvements adjacent to redevelopment projects. Public amenities ' vvhich will be evaluated with redeve/opment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. Lionshead Redevelopment Master Plan (in part) Chapter 2 - Introduction (in part) 2.3 Policy Objectives The Town Council adopted six policy objectives on November 4, 1996 to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process. . 3 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for. guests and residents. Lionshead needs an appea(ing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as perForming arts venues, conference facilities, ice rinks, streetscape,,parks and other recreational improvements. 2.3.3 Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds° or "warm beds") through new lodging products. Live beds and warm beds are best described as residential, or lodging rooms or units that are designed ~ for occupancy by visitors, guests, individuals, or families on a short term rental basis. In order to improve occupancy rates and create additional bed base in Lionshead, applications for new development and redevelopment.projects which include a residential component shall provide live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock-off units), or dwelling units which are includ'ed in a voluntary rental management program and ayailable for . short term rental. , Further, it is the expressed goal of this Plan that in addition to creating additional bed base through'new lodging products, there shall be no net loss of existing live beds within the Lionshead - Redevelopment-Master Plan study area. 2.3.4 Improved Access and Circulation ' The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 2.3.5 Improved Infrastructure The infrastructure of Lionshead (streets, walkways, tran"sportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues ; Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. . 4 • Chapter 4- Recommendations - Overail study Area (in part) 4.1.5 West Lionshead - Residential/ Mixed-Use Hub The western end of Lionshead, currently undeveloped, is home to parking lots, the Vail Associates service yard, the Vail sanitation plant, the old town shops, a former gas station, the Vail Professional Building, and Cascade Crossing. Thi's area of Lionshead is generally under utilized and from an aesthetic standpoint is not in keeping with what the Town would like to see Lionshead become as it redevelops in the coming years. The Town of Vail does ptace a high value on maintaining the office and retail areas in West Lionshead and any redevelopment should reasonably increase the square footage of existing office and have "no net loss" of retail square footage in West Lionshead. With their,recent acquisition of additional properties in this area, Vail Resorts ` has the opportunity to bring lift service to this part of Lionshead. Lift service brings with it great potential for the re-development of this area and in doing so expand all of Lionshead to the west with improved.pedestrian connections, new retail and office activity and other improvements. While lift access will , certainly.. energize this area during the winter months, attention should be given to creating a year-round attraction within this area of Lionshead (see detailed plan recommendations in Chapter 5) The master plan recommends that this hub become a residential/ mixed use ' area with an emphasis on meeting the needs of both the local community and our guests: Appropriate uses 'could include high density residential development, lodging, community and visitor based office and retail space, employee housing and parking, bus or transit functions and a ski lift connection to Vail Mountain. The catalyst for this mixed use hub is ski lift access to Vail Mountain. Consideration should be given .to integrating employee housing into the redevelopment of West Lionshead in accordance with the Town's employee housing policies and regulations. To the extent possible development pattetns in this area should reflect north-south orientation of buildings, yisual penetrations to the mountain, and a pedestrian oriented environment. The degree of north-south building orientation may be . difficult given the relatively narrow east-west orientation of this area. In addition, the introduction of ski lift access in this.location creates a catalyst for an structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on-site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard could be reduced in size, as some functions can be moved. to less central locations. It may also be possible to relocate the entire mountain service yard to a new. location in the West Lionshead area which would allow for greater flexibility in , the redevelopment of this site. However as the area develops it is critical that new uses be connected to the primary pedestrian corridors and that they be served by the Town of Vail in-town transit system. s ~ Chapter 5- Detailed Plan Recommendations (in part) 5.17 West Day Lot/ Vail Associates Service Yard/ Holy C'ross Site/ Gas Station Site/ Vail Professional Building/ Cascade Crossing Planning for the western end of Lionshead must consider two different scenarios: the realignment of South Frontage Road and its retention in the existing alignment. While the introduction of lift service is viable in either of these Frontage Road alternatives, site design will vary depending upon what happens to the Frontage Road alignment. See Figures 4-9a, and 4-9b for the Frontage Road realignment alternatives. Notwithstanding these different Frontage Road scenarios there should be an increase of existing office square footage and "no net loss" of retail square footage as a result of the redevelopment 'of these parcels. Higher densities and building heights may.be appropriate in this area, particularly to encourage the development of employee housing. However, any development must meet the overall character and visual intent of the master plan and be compatible with the adjacent existing development of the Marriott and the Vail Spa. , As compared to a separate, free-standing portal, West Lionshead is considered a part of the greater Lionshead area. In order for this area to be successful, it is important to have a strong pedestrian connection with the rest ' of Lionshead. A strong connection along. the; Gore Creek corridor already exists. Streetscape improvements along West Lionshead Circle between ~ ConcertHall Plaza (currently the western. end of Lionshead retail influence). and the Ritz-Carlton Residences will strengthen existing conditions, and in . doing so, improve the viability of mixed uses in West Lionshead. Improvements to street lighting, walking surfaces, seating areas and, public art are just some examples of what could strengthen this corridor and in doing so further integrate this area with the rest of Lionshead. The development of a strong pedestrian connection befinreen the Lionshead Core area and the western side of Lionshead will encourage pedestrian activity in this area and in doing so will energize all of West Lionshead. During the winter months the ski lift and associated parking will generate significant pedestrian traffic and activity. However,. consideration should be given to how West Lionshead can be an active and vibrant place year-round. This could be accomplished in any number of ways. For example, quality architecture and the creation of appealing outdoor spaces. in and of itself will encourage people to visit this area. This could be reinforced'by a well-crafted . program of specialty retailers, offices, and restaurants. . An active program of public art,.residential units that are used for "artists in residence", a culinary school, improved access to and utilization of Gore Creek or Red Sandstone , Creek for fishing or other purposes or specific recreation features such as a climbing wall are just some examples of design elements or land uses that could create a catalyst for activity. In conjunction with any application to development a new ski lift, a retail/commercial market study which analyzes the area for the appropriate amount of square footage of retail/commercial 6 ~ that should be included in the redevelopment of West Lionshead shall be provided. It is assumed that the development standards of Lionshead Mixed Use 1 or 2 will guide the design of redevelopment in this area. Notwithstanding the height allowances of these zone districts, building height and massing shall . be responsive to the Gore Creek corridor, the Interstate, and how building massing transitions at the western end of Lionshead. Buildings at the westernmost end of West Lionshead shall gradually "step down" from the maximum allowable height limits of the Lionshead Mixed Use zone districts. Figure 5-25 provides a general depiction of how building height shall gradually lower at the western end of this study area. The intent of these height standards is that building height reduces by entire floor levels in the locations as generally depicted on Figure 5-25. Notwithstanding the height allowances depicted on Figure 5-25, buildings fronting directly along Gore Creek and the western end of Lionshead shall express no more than three to four levels before "stepping back" to taller building mass. On the Interstate side of this area building design shall be articulated to avoid large expanses of shear/unbroken wall planes. a. Retention of Existing Frontaqe Road Aliqnment If the Frontage Road remains in its current location the Maintenance Yard/Holy Cross parcels, the Vail Professional Building and /Cascade Crossing all remain viable.development sites. The most viable site for a public parking facility would be the Maintenance Yard/Holy Cross parcels. While other lift locations are feasible, the old gas station site is a viable location for a base terminal. This location would require a grade separated pedestrian crossing over the Frontage Road to the Maintenance Yard/Holy Cross parcels. A strong east-west oriented pedestrian corridor with ground floor retail uses would be necessary to create - a strong connection between this area and the rest of Lionshead. Under this Frontage Road scenario the Vail Professional Building and Cascade Crossing could be developed as a contiguous parcel. It is assumed that these parcels would be re-zoned to Lionshead Mixed Use I. The Holy Cross site and the Vail Professional Building both abut Red Sandstone Creek. Any redevelopment of . these parcels should consider how the Creek can be enhanced and made an asset or amenity of this redevelopment area. b. Frontaqe Road Realianment behind the Maintenance Yard and Holv Cross site The greatest benefit of this realignment alternative is that it results in one very large and contiguous development parcel and in doing so integrates the Maintenance Yard/Holy Cross site with the West Day Lot by removal of the barrier created by the existing Frontage Road alignment. It also creates the best pedestrian environment in creating an extension of the Lionshead Retail area in that it . provides the potential to establish a convenient and desirable pedestrian connection to the rest of Lionshead. With this alternative the most viable site for a public parking facility would still be the Maintenance Yard/Holy Cross parcels. With the re-location of the Frontage Road ' ' 7 lift access out of the old gas station site would not require a grade separated pedestrian crossing to the Maintenance Yard/Holy Cross parcels. However, a grade separated crossing over the re-located Frontage Road would be needed to link the Holy Cross site with the Vail Professional Building. This alternative would also present the . opportunity for relocating and/or enhancing Red Sandstone Creek to maKe it more accessible to the community and an aesthetically pleasing water feature. One possibility may be to pond the creek just south of the I-70 corridor and diverting all or a portion of the flow underneath the new Frontage Road in order to bring "live water" through the western end of the Holy Cross site. Any moclification or enhancement to the creek corridor would be subject to U.S. Army Corp of Engineers approval. A strong east-west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. Vail Land Use Plan.(in part). The goals articulated here reflect_ the desires of the citizenryas expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after -different types of ' opinions were brought out in the second meeting. The goal statements were developed;to.reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revisec! . through the review process with the . Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These.goal statements should be . used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. - The goal statements which are reflected in the design of the proposed Plan are as , follows: 1. General Growth / Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance befinreen residential, commercial and recreational uses to , serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded " whenever possible. 1.5 Commercial strip development of the, Valley should be avoided. 1.7 New subdivisions should not be permitted in high geologic hazard areas. , 8 s • , 1.8 Recreational and public facility development on National Forest lands may be permitted where no high hazards exist if: a) Community objectives are met as articulated in the Comprehensive . Plan. b) The parcel is adjacent to the Town boundaries, with good access. c) The affected neighborhood can be involved in the decision-making process. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as . well as its potential for public use. 2. Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while • , accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. - 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should, improve summer recreational options to improve year-round tourism. 2.5 The community should improve non-skier recreational options to improve year-round tourism. . 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. 2.8 Day skier needs for parking and access should be accommodated through creative solutions such as: a) Increase busing from out of town. ' b) Expanded points of access to the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. d) Addition of structured parking. 3. Commercial 3.2 The Village and Lionshead areas the best location for hotels to serve the future needs of destination skiers. . . 9 r r 3.3 . Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. :3:5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More night-time businesses, on-going events and sanctioned "street happenings° should be encouraged. 4. Village Core / Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and 'delivery. 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 sfiare units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions: 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs , should be - i accommodated at varied sites throughout the community. 6. Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. 10 . VI. ZONING ANALYSIS The fotlowing zoning analysis provides a comparison of the development potential currently allowed under Arterial Business pistrict,(ABD) to that of the proposed Lionshead Mixed Use-2 District (LMU-2). Legal Description: Unplatted Land Use Designation: Community Office . Lot Size: 87,120 sq. ft./2.0 acres Development Standard ADB LMU-2 Lot Area: 25,000 sq. ft. min. 10,000 sq. ft. min. Setbacks: Front: 15 ft. 60% of frontage 10 ft. all sides 20 ft. 40% of frontage Sides: 15 ft. Rear: 10 ft. Height: 70% between 32 ft. and 40 ft. 82.5 ft. max. 30% less than 32 ft. 71 ft. average Density Control: No dwelling units allowed 70 d.u.s, Ty, pe III EHUs conditional unlimited a.u.s, f.f.u.s, ' e.h.u.s, timeshare (33% over existing or 35 d.u:s/acre whichever is greater) GRFA: , 52,272 sq. ft. 217,800 sq. ft. ' (33% over existing or 250%0 of buildable area whichever is greater) Site Coverage: 52,272 sq. ft. ' 60.984 sq. ft. (60%) (70%) Landscaping: 21,780 sq. ft. 17,424 sq. ft. (25%) (20%) Parking Per Chapter 10 of Per Chapter 10 of the Zoning the Zoning Regulations Regulations 1 The following zoning analysis provides an explanation of the development potential that would be applied to the unplatted and unzoned South Frontage Road right-of- way if it were to be rezoned to Lionshead • Mixed Use-2 District (LMU-2). This analysis took into account the area of right-of-way being incorporated into Lots 1 and il , ' 2 of the Ever Vail Preliminary Plan minus the property provide from existing lots to the relocated right-of-way. , Legal Description: Unplatted Land Use Designation: Not Applicable Lot Size: 139,778 sq. ft./3.21 acres Development Standard LMU-2 Lot Area: 10,000 sq. ft. min. Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average ' Density Control: 112 d.u.s, unlimited a.u.s, f.f.u.s, e.h.u.s, timeshare GRFA: 349,445 sq. ft. if entire site is buildable Site Coverage: 97,844.6 sq. ft. (70%) . . Landscaping: 27,955.6 sq. ft. (20%) Parking Per Chapter 10 of the Zoning Regulations The following is a zoning analysis of the development potential of Lots 1 and 2 as depicted on the Ever Vail Preliminary Plan, if adopted as shown. Legal Description: . Lot 1, Ever Vaif Subdivision Land Use Designation: Lionshead Redevelopment Master Plan Lot Size: 330,402.6 sq. ft./7.585 acres Development Standard LMU-2 Lot Area; 10,000 sq. ft. min. Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average Density Control: 112 d.u.s, unlimited a.u.s, f.f.u.s, e.h.u.s, timeshare GRFA: 732,087.5 sq. ft. (292,835 sq. ft. buildable site area) Site Coverage: 231,281.4 sq. ft. ~ (70%) , 12 . Landscaping: 66,080.5 sq. ft. (20%) Parking Per Chapter 10 of the Zoning Regulations Legal Description: Lot 2, Ever Vail Subdivision . Land Use Designation: Lionshead Redevelopment Master Plan Lot Size: 156,162.6 sq. ft./3.585 acres Development Standard LMU-2 Lot Area: 10,000 sq. ft, min. . . Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 A. average Density Control: 125 d.u.s, unlimited a.u.s, f.f.u.s, e.h.u.s, timeshare GRFA: 349,800 sq. ft. (139,920 sq. ft. buildable site area) Site Coverage: 109,313.8 sq. ft. (70%) Landscaping: 31,232.5 sq. ft. (20%) Parking . , Per Chapter 10 of the Zoning Regulations VII. SURROUNDING LAND USES AND ZONING Land Use Zonin4 North: Interstate 70 No zoning East: Mixed-use Lionshead Mixed Use 1 West: Mixed-use SDD No. 4, Cascade Village South: Open Space Natural Area Preservation VIII. CRITERIA AND FINDINGS Amendment to the Official Zoninca Maq of the Town of Vail (rezoninq) Chapter 3,Administration and Enforcement, Title 12, Zoning Title, of the Vail Town Code authorizes amendments to the Official Zoning Map of the Town of Vail. Pursuant to Section 12-3-7, Amendments, in part, "an application to amend the district boundaries of the Zoning Map may be initiated by petition of any resident or property owner in the Town." 13 . Furthermore, Section 12-3-7 C prescribes the criteria and findings the Planning and Environmental Commission and Town Council shall consider with respect to a request to amend the Zoning Map. The applicant is seeking a recommendation of approval to rezone two unplatted properties, from ADB to LMU-2 and a portion of unplatted and unzoned South Frontage Road right-of-way to LMU-2. According to Section 12-3-7 C, of the Vail Town Code, Before acting on an application for a zone districf boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendment is consistent with , all the applicable elements of the adopted goals, objectives and . policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and The redevelopment of the properties incorporating the Ever Vail project began in early 2006, with the start of public meetings and hearings to discuss incorporation of several parcels into the Lionshead Redevelopment Master Plan and amendments to the Master Plan for the area known as "West Lionshead". In early 2007, Town Council adopted, through resolution, the amendments to the Master Plan that evolved over a year of public process. The proposed rezoning of two properties and portions of the unplatted South Frontage Road right-of-way is one of the steps in effecting the change in Ever Vail that was anticipated through the adoption of the ~ changes to the Master Plan. Staff.has reviewed the proposed rezoning request and found it to be in compliance with the multiple elements of the ' Vail Comprehensive Plan. Within Section V.of this memorandum staff provided the Policies and Goals identified in both the Lionshead Redevelopment Master Plan and the Vail Land Use Plan which apply to this request. ~ The requested rezonings in conjunction with the possible adoption of a Ever Vail Final Plat will be the basis for creating the foundation from which many of the policies and goals of the Vail Comprehensive Plan can be achieved. The proposed rezoning is consistent and compatible with the Vail Comprehensive Plan. and the Town's development objectives. 2. The extent to which the zone district amendment is suitable with,the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents; and 14 . The Lionshead Mixed Use-2 District establishes zoning that is consistent with both existing and proposed uses on the subject properties. Currently, the Ever Vail area contains industrial uses, a public utility, commercial, and office. As a part of the redevelopment the remaining adjacent uses will be the water treatment plant and the Glen Lyon Office Building. Staff believes that the permitted and conditional uses listed within the LMU-2 District are suitable uses to be adjacent to the remaining properties. The proposed use of the properties within Ever Vail will be a mixed use development containing a combination of retail/commercial, office; dwelling units, accommodation units, time share, and employee housing. Special attention should be given to the Detailed Plan Recommendations outlined Chapter 5 of the Lionshead Redevelopment Master Plan for the area known as Ever Vail. This language is found in Section V of this memorandum. 3. The - extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and . The LMU-2 District is consistent with the existing and proposed use of the property. The proposed zone district implements specific goals of the Vail Land Use Plan and Lionshead RedeVelopment Master Plan. Staff believes that the proposed rezoning presents a harmonious, convenient, and workable relationship with land uses in the area consistent with the existing and proposed use of the property. For example, while the overall • density of development on the subject properties will increase as a result of the zone district boundary amendment, the relocation of the South Frontage Road right-of-way, the detailed plan recommendations for the development site, and the anticipated off site vehicular and pedestrian improvements ensures a workable relationship among land uses. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as . the amendment serves the best interests of the community as a whole; and . The proposed rezoning _ establishes consistent zoning for the subject properties with regards to their adjacent zoned LMU-2 District properties. This rezoning will create a zone, district consistent with the existing and proposed use of the property. The proposed rezoning and development plan provide for the development of an orderly viable community consistent with the Town's development interests as expressed in the . Lionshead Redevelopment Master Plan. The purpose of the LMU-2 District is, in part, "to provide sites for lodges, hotels, fractional fee clubs, lodge dwelling units, and timeshares", "to provide economic incentives for properties to redevelop", and' "to create an economically vibrant lodging, housing and commercial core area." Rezoning the subject properties to LMU-2 District will allow for the redevelopment of the Ever Vail area consistent with the recommendations found in the Master Plan for Ever Vail. ' 15 s Staff believes that this amendment furthers the development objectives of the Town and serves the best interest of the community as a whole. 5. The extent to which the zone district amendment results in adverse ~or beneficial impacts on the natural environment, including but_ not - limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed rezoning will change the existing character and uses currently present on the subject properties. However, staff does not foresee any adverse impacts on the natural environment to include water quality, air quality, noise, vegetation, etc. In fact, given the language as adopted for the detailed recommendations for the site, it could be reasonably expected that beneficial impacts could result from the rezoning and redevelopment of the site. For example, an intended outcome of the redevelopment of this site, according to the Lionshead Redevelopment Master Plan, is the restoration and enhancement of the Red Sandstone Creek riparian corridor. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district . The LMU-2 District is proposed, for the subject properties. The proposed zone district amendment is consistent with the intended purpose of that zone district. A. copy of the purpose statement of the LMU-2 District is provided in Section V of this memorandum. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the. zoning designation of the subject property was adopted and is no longer appropriate. Since the original adoption of zoning on the property, the Town of Vail has undergone an extensive study for the redevelopment of the Lionshead area of Town. As such, the Town has adopted clearly identifiable goals and objectives for development in this general area of Town. In order to ensure that these goals and objectives for development . are carried out, the Town adopted two zone districts; one of which is the LMU-2 District. If approved, the applicant will be afforded the opportunity to redevelop the Vail Professional Building, and Vail Cascade properties . and portions of the unplatted South Frontage Road with the Town's goals in mind. To that end, the Lionshead Redevelopment Master Plan, through the adoption'of Resolution No. A; Series of 2007, outlines very clear and specific objectives for development on the properties to be rezoned. These objectives can be found in Chapter 5 of the Lionshead Redevelopment Master Plan. 8. Such other factors and criteria as the Commission and/or Council , deem applicable to the proposed rezoning. ~ 16 . IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission. forwards a recommendation of approval, with a condition to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and South Frontage Road West right-of- way which is not zoned to Lionshead Mixed Use-2, properties known as "Ever Vail" (West Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road West right-of-way; (a complete legal description is available for inspection at the Town of Vail Community Development Department),. This requested recommendation is to rezone the Lots 1 and 2 created by the Ever Vail Final Plat, if adopted, to Lionshead Mixed Use-2 District. Staffs recommendation is based upon the review of the criteria outlined in Section :VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this zone district boundary amendment, the Community Development Department recommends the Commission pass the following motion: The Planning and Environmental Commission is forwarding a recommendation of approval, with conditions, to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail - Town Code, to allow for a rezoning of properties from Arterial Business District and South Frontage Road West right-of-way which is not zoned to Lionshead Mixed Use-2, properties known as "Ever Vail" (West Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road West right-of-way, (a complete legal description is available for inspection at the Town of Vai! Community Development Department), and setting forth details in regard thereto. This forward of a recommendation of approval with a condition is to rezone Lots 1 and 2 created by the Ever Vail . Final Plat, if adopted, to Lionsheacl Mixed Use-2 District. Should the Planning and Environmental Commission choose to approve this zone district boundary amendment, the Community Development Department recommends the Commission pass the following findings: "Before recommending and/or granting an approval of an application for a zone district boundary amendment the Planning & Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive P/an and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health, safety, mora/s, and general welfare of the Town and promotes the coordinated and harmonious 17. . 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. " Should the Planning and Environmental Commission choose to approve this. ' preliminary plan, the Community Development Department recommends the - • Commission apply the following condition: 1. That this request to amend the zone district boundaries of the Town of Vail Official Zoning Map to ' rezone Lots 1 and 2 of the proposed Ever Vail sub'division as Lionshead Mixed Use-2 District will become effective upon review, approval, and recording of the Ever Vail Final Plat by the Planning and Environmental Commission. ' X. ATTACHMENTS .A. Vicinity Map . B. Copy of.the proposed rezoning plan C. Copy of the applicanYs document entitled Rezonina Reauest from ABD to LMU-2 and to zone portions of the existinp S. Frontaae Road right-of-wav to ' LMU-2 dated reuised September 17, 2007 D. Public notice 18 - ` . . J R 5:- ; e ~ . ~ . ry iLYAPt ge y Al t 4.'1{''{.e P ~I~ ~ k 0 ~1~/ ; ~ ~ 4 • . . ~ N ~ . ra~ ~ , ` . ~u • ~ ~ ~ ti i li ~ R , Q ~ O 06 t` ~ . Na" r a a V~ ~ - ~ .1.+ w' ° '3'~ -_r+"'`~' •n ~ ~ E 41P A _ ~ 1J t . e~~ ~ ~ - 1~.~i• - ~ . L ~Y N~' 1Y!° t{("~ 4 ~T,_ L N= l~ \ . Syk ~ • ~ ~ ~ ~ s ; . K ~~g~ ~ ~t ~ ~ ~ _ a kl ~ W~}~ ~ rR... ~ifr ~$Y T ffi . « ~ la • ~ ~ t a+ ~`v VI ~ ~ a r • ~ \ ~ r ~ ~ ` C~, l L ~ ~t: ? ~ y ~ W v ~ \ , , r: ~ ~~'gr • ~ t ~ ~ ~ ~ b~,~ ~ ~ ~ ~ j { ~ ~ : ~ ~¢p ~ ~ ~ ~ ` ' ~ ~ ~ ,a~.. 't' ,b .4 l''' r • * -tt ~9} ' ~ Attachment A 10 EXISTING ZONING EVER VAIL TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO ~ RAqUS ~ pS.OT OFL-60-0TO' / ~u¢ n~¢ uia eo ~s* / MC ~ W 15' T~ 1 T - 06YY ~ / / ~ b101p ~ Y0.95 arw - sxsY]et VAII SPA COND~p~IWIUYS / r n an ttu[ roao' / I / VICINITY MAP UoNsHEAO pRp.C I - ro..., ~ , wo'N n.o.w.) ° wo zcnw ~z ,o.mr s sau+». w~ m 's,.s,..u r.~ ~ mAcr e / / ~ soun~ rwonr,uQE wW waoiwsoH m. wa+~ / ~rat[sT aoAo (so' MonH a.o.w.) (exrer+sor+) i PARCEL 1 / 7.r,ACRIII ri s'°~'re'°~` 1-11D R.O.W. a».u• =v= ourA TMICENT . A.OC / ~ C^ J- Cxam ~ lse.atl Sxw'JTw Iw / / ao. ' I I I ! 9! RMIUS ~)!n' \Y y 3 xnpus - sseo.od / ' V p0' Q e1 crw']r ~ OELTA ~ 5'w'H' / a (iac w wn MEST DAY SUBDIN9pJ w - 557..' 'R~' ( m ff wc.~m) L.wGENT - wleo' W TNIQNT ~ PA.01' / i 4r ` I I I / ~ OIOIm ~ T/.YV ~w q~% ONND - SS).lf' / ~ \ ~ VAIL GROfE$SIONAL I ' 4t lp I I BXC - sslt'te'W fow¢y+ /BRG ~ NSTU']0'E ~B~UIIDING~ 51590']TE Q5 6.9E' O / ~ \ I y ~ ,~y}\9 RMIUS - 6u00' ZJ Y V 1 C CA DEITA ~ '19 / cwKKO m ~ CROSSINCS \ ~ ` \ i 5 i~)5 MC - t2).v1' \ ~ \ / Y TuIGOIT - N.18' 121lC PARCEL 2 ~ now - -...o, . . i.e.t ~m oa ini ~ / / - - lor EACLE RIVEit WATER ! SANITATON qSTRICT ~0 ~ KpMm~ nJ•N• (FORYER BP 49.vY I S17E) (o.m. •a") GRAPHIC SCALE M,p~ "VE ~ ~ - - ~ ~ •~a ~ o ~.xyc., o . ~ ~ e - m n l1NE TABLE 615Y' LOT 54 ttwa~xEzuY~i~cEK-uir~ ~5 I IYE IEMGM BENtING CLEN LYON SVBdN510N 0¢ x~ wm) ~ I t~x»i xoxr<'soo H') / ILm INDICA7ES AREA CURRENTLY ZONED INDICATES AREA CURRENTLY ZONED ARTERIAL BUSINESS DISTRICT LIONSHEAD MIXED USE - 2 Aw- C.D.O.T. RIGHT-OF-WAY CURRENTLY UNZONED •O fDMD Y M4~M1M.YIAMOIOAf _ .O>-J R O)-JTl I ~ . PROPOSED 'LONI NG - EVER VAIL ~ r TOWN OF VA[L, COUNTY OF EAGLE, STATE OF COLORADO ~ MC ~ 10116' 1IJIQEMT - S6YY Ex ~ I ~ s woao - asn• / q~ 1sCaro - srsrzst ,P • - _ ~c :~~c"t' f - _ _ T _ - _ _ - ' . . - _ ? I / / . ~ _ - _ ' f - _ VNL SPA CONDOYINIWS c* srt _ ~ / P6 rw ~nW ~ / / ~ ~ I / « iwexr xo-~.c •uu-i~ . . 1'ICINITY MAP ~ ~ -.z. ~ _ . . , ~D E~o rsa.e i - - mACr e / / agth'6' i f: / sami rnarrTi ui `Me.qoaom>wed~a -~FOREST ROAD (50' 'MDTI R.O.WJ (oncNSa+) ~ PARCEL 1 1-7 0 / ~ (wnTbi~S1'^~MRC! I I uaRB F~04n ~ I' ' \ RAdUS - SJY.Y.' \ R OELT~ . 15']75t' ~ / TNlQHT ~ )D.OY ~ I C'^r o~a+o . 1se.'ro' Bnc - suw'sYY / / xo ~ I I ~ ( X/iM15 ~ )4.fi' ~ ""°"'s - x°°.ar i . y~e°~'~ ~ ~ ~ ~ ..`~tli`nwn ~ _ ei.°w~'s~• OFLTA - S'M'M' NM S3>.SS' R' { ~ Tw~CENT -~6.eC NE51 DAY AIgqN40N aam - m~.SY / vuL PROiE590NAL dtc - rslrle•w ~cuau. ia.w Zw-,~ n5n~'JO'E ~ /f-u~ BURDING / I ~ / I ~ ~sssCZrE / , P.`.^.d~~:'d'F~ / \ $ e.oe• A~aus - exioo• ~ DEL1A ~ t1Y3'N' dto59NSS ` a \ \ ~ ~ ~ rac . in.w\ $ \ / r,wa,n - w.1C 4 CWMD - 117.!!' PARCEL 2 + - ~~s " \ 4 ROD EAfYE PoKit WATER d SANITATON q51RIC7 \ \ f ~.r \ ae'S0 • (FORYER BP x. m~w) .w ~Na ~~,~p ?'~~v.cY I ~ 97E) 1 ~w. mwm cv~ GRAPHIC SCAI.E . r ~ . ~~e-an uHe lnai= coaE crtcEc ~ eaw• loi 54 twme m.a -.~n i vic u]+eTM s[.Ai._. GIEN LYON SIRDIN90N ~ I Rl%'w.. _ R4 r ~vn.q ~ ~ . _ . fc~xx~.i eo..e mo n~ ~ . ~m'•- ~ &db1'31'K 1 ~ INDICATES PROPOSED 3 mL ~ LIONSHEAD MIXED USE - 2 ~u». I ZONED AREA - _ ~•zri- Q s/nirm~ •a `w~'ium - NT M.aMAA00ff : - - q .o)-JTl+m+g . Ol-J]1 rr 1 ~ T h - ~ .r-•~-~- . ~ I; \ ~ EVERVAIL Rezoning Request from ABD to LMU-2 and to zone portions of the existing S. Frontage Road ri g ht-of-way to LM U-2 Applicant: Vail Resorfs Submiited on March 26, 2007 PEC Recommended approval on September 24, 2007 Submitted by: ~ I I :Zci MawfeUo Ptanalag 6roap Attachment C t t . ' Table of Contents 1. Directory 3 II. Introduction of the Request 4 III. Vision of Ever Vail and LEED Cerfification b IV. Review Criteria for a Rezoning Request 9 V. Adjacent Addresses 16 r 2 EYESVAIL • ' I. Directory Thomas Miller, Project Manager Gore Range Surveying, LLC Vail Resorts Development Company PO Box 15 137 Benchmark Road 5129 longsun Lane Avon, CO 81620 Avon, CO 81620 (o) 970-754-2544 (970) 479-8698 (f) 970-754-2555 (970) 479-0055 (fax) Tmillerl @vailresorts.com sam@gorerange.net Mauriello Planning Group Alpine Engineering, Inc. PO Box 1 127 P.O. Box 97 Avon, CO 81620 Edwards, CO 81632 970.748.0920 (ph) Ph. (970) 926-3373 970.748.0377 (f) F. (970) 926-3390 dominic@mpgvail.com CALLISON 1420 Fifth Avenue #2400 Seattle, WA 981 O l-2343 Ph. (206) 623 4646 F. (206) 623 4625 r 3 fiYESVAI L s II. Introduction of the Request Vail Resorts is submitting a request for a rezoning from ABD to LMU-2 for Parcel 2, created by the Evervail Subdivision. The site is currently zoned Arterial Business District and is the site of the Vail Professional Building and Cascade Crossing, located at 953 and 1031 Frontage Road. In addition, we are also requesting to zone the portion of the S. Frontage Road right-of-way, which is currently unzoned, to LMU-2. The end result will be the entirety of the Evervail Subdivision will be zoned Lionshead Mixed Use - 2. We are proposing to rezone the site to Lionshead Mixed Use - 2, primarily due to the recent inclusion of the site into the Lionshead Redevelopment Master Plan. Vail Resorts Development Company is proposing to construct a public parking structure on a portion of the site, as well as offices, retail uses, residential, and employee housing. Sectionl2-71-5: Conditional Uses; Generally (on all levels of a building or outside of a building) allows "Public or private parking lots" as a conditional use in the lionshead Mixed Use - 2 zone district. On December 15, 1962, Vail Mountain opened with 3 lifts and recorded a total of just 55,000 skiers in the 1962-1963 season. By 1969, it was the most popular resort in Colorado. Today, there are 33 lifts, and total skier and snowboarder visits for the 2005-2006 season was 1,676,1 18. Vail continually strives to improve the guest experience through quality infrastructure improvements on the mountain. As a result, Vail has continually been ranked the #1 ski resort in North America. The Vail Village parking structure was originally completed in 1975 with only 850 spaces, until it was expanded in 1988. The Lionshead parking structure was originally constructed in 1980. Currently, there are approximately 2,500 parking spaces available at Vail's fwo parking garages. The parking spaces, 1,800 of them covered, allow skiers and snowboarders quick and easy access to Vail Mountain via the Vista Bahn ski lift in Vail Village, Eagle Bahn Gondola in lionshead or Riva Bahn ski lift at Golden Peak. The proposed parking structure in West Lionshead will be adding approximately 400 public skier parking spaces to the area currently zoned ABD, with a total of 543 parking spaces on the west side of Red Sandstone Creek. (The entire site will have a total of approximately 1,600 parking spaces, as currently designed). The parking structure will reduce the vehicular traffic and skier (pedestrian) traffic in the more congested areas and portals of the Town, helping to improve the guest experience town-wide. r 4 fiYESVAIL ,1Y~ ~t A.1 y9 dF~ ~tfl `r ~ ' ~ ` . , • 00'_>' ' X' T~ ~ ~ i~, 4 'i ' ¢ ~ . ~ l y,~,# ` . . ~ s C.D.O.T. RIGHT-OF-WAY INDICATES AREA CURRENTLY INDICATES AREA CURRENTLY UNZONED ZONED ARTERIAL BUSINESS CURRENTLY ZONED DISTRICT LIONSHEAD MIXED USE- 2 EXISTING ZONING ~t'y"~, t a?. ~_y.'~~,,,'"~ ~ ~ ~ \N ~ ~ • • 4L " ~ ~ ~ 1~. ~ ` y ~r , _ `w, x~, • ~M j .~~F ~ , ~ ~ ~ , •mt ° ~ ~ ~ `''.s ~ ~ ' _ r~' ~t e R ~ ~w~• • ~ ~ ~ . ~ • ~ ' ~ ~l.;~. . 4, 4% F R~r \r , , , `'3? y~" ~ . ~ . . INDICATES AREA PROPOSED LIONSHEAD MIXED USE- 2 PROPOSED ZONING 5 ~ EVEa4:ri L III. Vision of Ever Voil and LEED Certification It is important to consider this first step with an understanding of the overall redevelopment of the Ever Vail. Ever Vail is envisioned to become a mixed-use hub, including office, retail, and housing. The area will include employee housing to serve the new uses in the area, exceeding the 50% on-site requirement. The Frontage Road will be re-aligned, locating the road adjacent to I-70, as it is in many parts of Town. West lionshead will become more of a village, (ike Vail Village or lionshead, and not be bisected by a major thoroughfare. We have been working closely with CDOT in this process for the last two years, and CDOT has approved the realignment and is currently seeking approval from the Federal Highway Administration. Ever Vail generally encompasses over one million square feet and will include between 600,000 and 700,000 saleable square feet of residential and commercial space. The site is currently occupied by Vail Mountain's vehicle maintenance shop yard and warehouse, a retail and office complex, and a gas station, offering the opportunity for a true "Brownfield" redevelopment. The new resort village plans call for approximately 255 whole ownership condominium units, approximately 44 vacation club condominium units, an approximately 118,000-square-foot-room hotel, approximately 160,000 square feet of retail, office, and restaurant space and an approximately 86,000-square-foot mountain operations facility. In addition, the project will provide 59 employee housing units, with over 80,000 sq. ft. of GRFA. The project will also include a gondola to serve as the fifth base portal to Vail Mountain, and a new public parking structure. The U.S. Green Building Council has developed a LEED for Neighborhood Development Rating System. All of the following information regarding LEED is from their document entitled LEED for Neighborhood Deve%pment Rating System. The U.S. Green Building Council, the Congress for the New Urbanism, and the Natural Resources Defense Council-three organizations that represent some of the nation's leaders among progressive design professionals, builders, developers, and the environmental community-have come together to develop a national set of standards for neighborhood location and design based on the combined principles of smart growth, new urbanism, and green building. The goal of this partnership is to establish these standards for assessing and rewarding environmentally superior development practices within the rating framework of the LEED (leadership in Energy and Environmental Design) Green Building Rating SystemT"' The Neighborhood Development rating system is designed to certify exemplary development projects that perform well in terms of smart growth, new urbanism, and green building. Projects may constitute whole neighborhoods, fractions of neighborhoods, or multiple neighborhoods. Smaller, infill projects that are single use but complement existing neighboring uses should be able to earn certification as well as larger and mixed use developments. Evervail has been accepted to be a LEED certified neighborhood development and has received its first review by the USGBC. The following components are part of the Ever Vail program: ~ 6 EYEBVAIL I 14 4' Y '5,,~~~~.~ 0`s. ' . _ . l: _ , - I L! r ~ ~ •r y , : ; • p .~.Y I.I ' ~~.n - oy 'T'--~}~}''1 1 1 . ii{ ~ - f! ~ ' A`°` • ' F,, - \ ` - ` 4, . EVER VAIL CHARACTER CONCEPTUAL SKETCH Brownfield Redevelopment. The Amoco site, which Vail Resorts purchased for inclusion in this redevelopment project, had previous oil and gas spills. Vail Resorts is in the process of having the soils rejuvenated in order to develop a LEED certified building and ski lift on that site as parf of the development. The development will encourage the reuse of land by developing a previously developed site, not forest or open space, reducing the impact of development on undeveloped land. The project is the environmentally conscious redevelopment of properfy on which previous uses have and currently include: fuel storage and disbursement, a light-industrial machine shop, light industrial oil refining operations, vehicle and heavy machinery maintenance and repair, and warehousing. Wetland and Water Body Conservation. The project will conserve natural hydrology and habitat and preserve biodiversity though conservation and improvement of onsite wetlands by removing a culvert and day-lighting Red Sandstone Creek and enhancing its surrounding wetlands. LEED Certified Green Buildings - For the LEED Neighborhood certified buildings requirement, Ever Vail must meet all the criteria for LEED New Construction standards for at least 50% of the 7 fiYE1lV:11 L