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HomeMy WebLinkAbout2010-05-04 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA +` TM W Via' VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., MAY 4, 2010 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. ITEM /TOPIC: Citizen Participation. (15 min.) PRESENTER(S): Public 2. ITEM /TOPIC: Town Manager's Report. a. Revenue Update. (15 min.) PRESENTER(S): Stan Zemler 3. ITEM /TOPIC: Consent Agenda. a. Approval of 04.06.10 & 04.20.10 Town Council Minutes. (5 min.) 4. ITEM /TOPIC: West Vail Fire station site stabilization (shoring and retaining wall construction) and preliminary foundation work. (10 min.) PRESENTER(S): Adam Williams (ARC Integrated Program Management) / Mark Miller ACTION REQUESTED OF COUNCIL: Staff is requesting approval from Council to release the award of the site stabilization (shoring and retaining walls) and preliminary foundation work subcontracts based off the 95% Construction Documents in order to allow critical work to begin while the remainder of the documents are finalized and bid. Engineering design for this work has already been completed and we have bid the scope to the subcontracting community and have received competitive pricing and good value for the TOV. BACKGROUND: See attached memo from ARC. STAFF RECOMMENDATION: Staff recommends that Council (through the Town Manager) allow Drahota to award up to $425,000 of local subcontracts for the site stabilization /preliminary foundation work in order to save valuable time and stay on budget by maintaining the current construction schedule. 5. ITEM /TOPIC: Lionshead Transit Center Update. (45 min.) PRESENTER(S): Tom Kassmel 5/4/2010 ACTION REQUESTED OF COUNCIL: Review presentation documentation, listen to presentation by the design team and staff, ask questions, provide comment, and affirm direction of the design so the proposed design may continue thru the PEC and DRB process for approval. BACKGROUND: The Town of Vail and the Vail Reinvestment Authority, are in the process of completing Design Development (DD) and Entitlements for the Lionshead Transit Center Project in response to past planning efforts. The VRA has contracted with the 4240 Architecture Team to complete this design. The purpose of the evening session is to present an update to the Council on the progress of the Design Development Design and Process. Attached is a presentation document prepared by 4240 that summarizes the project progress and current design status. STAFF RECOMMENDATION: Review presentation documentation, listen to presentation by the design team and staff, ask questions, provide comment, and affirm direction of the design so the proposed design may continue thru the PEC and DRB process for approval. 6. ITEM /TOPIC: First reading of Ordinance No. 6, Series of 2010, an ordinance repealing and re- enacting Ordinance No. 13, Series of 1986, amending the approved development plan and requirements for site coverage, landscaping, setbacks, and gross residential floor area for Special Development District No. 15, Bishop Park, in accordance with Section 12 -9A- 10, Amendment Procedures, Vail Town Code, to allow for the construction of a residential addition (patio enclosure) to the North side of Unit 8, Bishop Park, located at 63 Willow Place/ Lots 1 & 2, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (20 min.) PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 6, Series of 2010, upon first reading. BACKGROUND: Special Development District No. 15, Bishop Park, was established by Ordinance No. 13, Series of 1986. At that time, the purpose of the SDD was to allow for an increase in development potential while providing the public benefit of financial support for the public streamwalk. Since the establishment of SDD No. 15, there have not been any amendments to the SDD. On April 12, 2010, the Planning and Environmental Commission made a recommendation of approval, with conditions, to the Vail Town Council. 7. ITEM /TOPIC: First Reading of Ordinance No. 7, Series of 2010, an ordinance repealing and re- enacting Ordinance No. 12, Series of 2003, amending and reestablishing the approved development plan and density control requirements for Special Development District No. 37, Tivoli Lodge, in accordance with Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the conversion of meeting space to an accommodation unit at the Tivoli Lodge, located at located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5th Filing, and setting forth details in regard thereto. (15 min) 5/4/2010 PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 7, Series of 2010, upon first reading. BACKGROUND: On April 26, 2010, the Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for Ordinance No. 7, Series of 2010, by a vote of X. 8. ITEM /TOPIC: First reading of Ordinance No. 8, Series of 2010, an ordinance amending Section 12- 14 -20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses and setting forth details in regard thereto. (10 min.) PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 8, Series of 2010, upon first reading. BACKGROUND: On May 3, 2005, the Town Council adopted Section 12- 14-20, Commercial Core Construction, Vail Town Code, through Ordinance No. 10, Series of 2005. These regulations facilitated the installation of temporary construction mitigation signs and fencing within the Town's commercial areas to lessen the impact of redevelopment construction on the Town's businesses, residents, and guests. These regulations were originally set to expire on April 1, 2008, but were extended to April 1, 2010 by Ordinance No. 4, Series of 2008. On April 26, 2010, the Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for Ordinance No. 8, Series of 2010 by a vote of 6 -0 -0. 9. ITEM /TOPIC: First Reading of Ordinance No. 10, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. (PEC100010) (30 min,) PRESENTER(S): Bill Gibson, Planner; and Dominic Mauriello, Applicant's Representative ACTION REQUESTED OF COUNCIL: The Town Council shall approve, approve with modifications, or deny Ordinance No. 10, Series of 2010, on first reading. BACKGROUND: On April 12, 2010, the Planning and Environmental Commission voted 6 -0 -0 to forward a recommendation of approval, with modifications, to the Town Council for the proposed amendments to the Town's Sign Regulations. The Planning and Environmental Commission's recommended modifications to the Sign Regulation amendments have been incorporated into Ordinance No. 10, Series of 2010. 5/4/2010 STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Town Council approves Ordinance No. 10, Series of 2010, on first reading. 10. ITEM /TOPIC: Second reading of Ordinance No. 3, Series of 2010, an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of Standards, to allow for changes to the solar panel regulations, and setting forth details in regard thereto. (PEC090041) (15 min.) PRESENTER(S): Rachel Friede, Kristen Bertuglia ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 3, Series of 2010, upon second reading. BACKGROUND: On January 25, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for changes to both the Lionshead Redevelopment Master Plan and the Development Standards of the Vail Town Code. The modifications, which are reflected in the proposed language in the Ordinance and Resolution, are as follows: The definition of solar panel shall be revised to be more specific to solar panels and not the broader definition of solar collectors. The phrase "and shall not exceed the height of adjacent roof ridges" shall be stricken from the proposed language. On February 16, 2010, the Vail Town Council approved Ordinance No. 3, Series of 2010, upon first reading, with a vote of 4 -3 -0 (Cleveland, Donovan and Foley opposed). Councilmembers expressed favor for the promotion of solar panels and alternative energy, but expressed concern over the following issues: Aesthetics of solar panels, including creation of new perceived roof lines Potential limitations of the number of panelsLocation of panels on roofs as they relate to roof lines and eavesDistance between solar panels and roof surface belowHow panels will look on buildings throughout the Town of Vail 11. ITEM /TOPIC: Resolution No. 5, Series of 2010, a resolution amending Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. (PEC090040) (15 min.) PRESENTER(S): Rachel Friede / Kristen Bertuglia ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Resolution No. 5, Series of 2010. BACKGROUND: On January 25, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for changes to both the Lionshead Redevelopment Master Plan and the Development Standards of the Vail Town Code. The modifications, which are reflected in the proposed language in the Ordinance and Resolution, are as follows: The definition of solar panel shall be revised to be more specific to solar panels and not the broader definition of solar collectors. The phrase "and shall not exceed the height of adjacent roof ridges" shall be stricken from the proposed language. 5/4/2010 On February 16, 2010, the Vail Town Council held a hearing on Resolution No. 5, Series of 2010 but did not take any formal action. Councilmembers expressed favor for the promotion of solar panels and alternative energy, but expressed concern over the following issues: . Aesthetics of solar panels, including creation of new perceived roof lines Potential limitations of the number of panels Location of panels on roofs as they relate to roof lines and eaves Distance between solar panels and roof surface below How panels will look on buildings throughout the Town of Vail 12. ITEM /TOPIC: Resolution No. 13, Series of 2010, a resolution amending the Lionshead Redevelopment Master Plan to amend the recommendations for transportation improvements in Lionshead (generally located at the Lionshead Parking Structure and the Concert Hall Plaza bus stop), and setting forth details in regard thereto. (30 min.) PRESENTER(S): Warren Campbell / Tom Kassmel / Tom Braun ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 13, Series of 2010. BACKGROUND: On April 12, 2010, the Planning and Environmental Commission unanimously recommended approval of text and figure amendments to the Lionshead Redevelopment Master Plan to facilitate desired improvements in Lionshead with regard to transit. Those improvmetns include the creation of skier drop -off, a bus stop, and a bus shelter at the Lionshead Parking Structure and bus stop and circulation improvements at Concert Hall Plaza. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the town Council approves Resolution No. 13, Series of 2010. 13. ITEM /TOPIC: Second Reading of Ordinance No. 5, Series of 2010, An Ordinance Amending Section 6- 3C -6(B) of the Vail Town Code Regarding the Possession, Use and Display of Cannabis; and Setting Forth Details in Regard Thereto. (10 min.) PRESENTER(S): Buck Allen / Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 5, Series of 2010, on second reading. BACKGROUND: The public display or consumption of cannabis within the Town of Vail (the "Town ") is of public concern and efficient police regulation of this crime would preserve the general welfare of the citizens and guest of the Town. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 5, Series of 2010, on second reading. 5/4/2010 14. ITEM /TOPIC: Adjournment. (9:55 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING SESSION WILL BEGIN AT 6:00 P.M., TUESDAY, MAY 20, IN THE VAIL TOWN COUNCIL CHAMBERS. 5/4/2010 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 4, 2010 ITEM /TOPIC: Town Manager's Report. a. Revenue Update. PRESENTER(S): Stan Zemler ATTACHMENTS: Revenue Update 5/4/2010 TOWN OF VAIL REVENUE HIGHLIGHTS April 28, 2010 Sales Tax When all sales tax returns are received for the month of March, collections for the month are expected to be $2,673,056, up 8.4% from budget and 6.7% from last year. March 2010 is the first month since August 2008 to show a year- over -year increase in collections (with the exception of April 2009, when Easter was in April and the monthly increase was more than offset by shortfalls in March that year.) Year -to -date sales tax collections are expected to be up 2.8% from budget and up 1.2% from last year. Inflation as measured by the consumer price index was up 2.3% in March compared to March 2009. Lift Tax Lift tax collections through March of $2,228,755 are up 5.1% from last year. Season -to -date revenue, with April still to come, is $2,818,154, up 1.5% from last season. The 2010 annual budget totals $3,115,000, an increase of 2.2% over full -year 2009. Parking Preliminary information shows parking revenue of $3.5 million for the first four months of the year and $4.9 million for the 2009/2010 ski season. 2010 revenue is down 1.1 % from this point in time last year and ski season is down 7.7% from 2008/2009. The full -year budget for 2010 is $5.4 million, an increase of 9.2% over full -year 2009. If no changes are made to the parking program for winter 2010/2011, a shortfall of approximately $0.5 million versus budget can be anticipated. Construction Permit Fee Revenue Construction permit revenue through April 27 totals $148,129 including $70,699 from major redevelopment projects compared with $146,290 from major projects at this time last year. Revenue from non -major projects is up 28% from 2009 due to a number of additions and remodels. The 2010 budget for construction permit fees is $425,000 with year -to -date revenue about $38,000 higher than expected in the first four months of the year. Use Tax Use tax collections as of April 27, 2010 total $374,478 compared with just $79,500 at this time last year and $62,000 budgeted. Major redevelopment projects including the Ramshorn and First Chair contributed $235,724 or 63% of the total. Several remodel projects including additions to units at Vail Village Inn and Vail Mountain Lodge and remodels at Millrace Condos, the Antlers, and Vail Point also paid use tax in 2010. No comparable activity occurred in the first four months last year. Year -to -date use tax collections are already 75% of the full - year budget of $500,000. -1- 5/4/2010 2 -1 -1 Recreational Amenities Fees Through the end of April, $30,936 has been collected for recreational amenities fees including First Chair as well as several smaller projects that added square footage. The annual budget of $10,000 has been exceeded by $20,936. These funds are included in the Real Estate Transfer Tax Fund with their use restricted to providing recreational amenities. Housing Fee -in -Lieu Unbudgeted revenue of $99,617 has been collected for housing fee -in -lieu payments for projects including the Ramshorn, Vail Mountain Lodge and others. Use of these funds is restricted to housing programs. Real Estate Transfer Tax (RETT) RETT collections through April 28, 2010 total $1,371,243, up 15% from budget and more than double this time last year. Approximately $487,265 of the 2010 sales are from major redevelopment projects including Arrabelle, Landmark, Lions Square Lodge North, Manor Vail, Mountain View, Vail Plaza Hotel, and the first unit to close at Solaris. Collections not related to major redevelopment projects total $883,978 compared with $330,249 through April of 2009. The full - year budget for RETT is $4,283,000. -2- 5/4/2010 2 -1 -2 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 4, 2010 ITEM /TOPIC: Consent Agenda. a. Approval of 04.06.10 & 04.20.10 Town Council Minutes. ATTACHMENTS: 04.06. 10 Minutes 04.20. 10 Minutes 5/4/2010 Vail Town Council Meeting Minutes Tuesday, April 6, 2010 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Margaret Rogers Andy Daly Kim Newbury Kerry Donovan Susie Tjoseem Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Vail Chamber & Business Association representative Richard tenBraak provided an update on the Premier Impressions customer service program. The second item on the agenda was a Proclamation Honoring Mery Lapin's Support of Vail Junior Hockey. Tjossem read a proclamation that honored Mery Lapin's contributions to Vail Junior Hockey and to the community. During a pause for public comment, Jim Lamont said Lapin was a true ambassador. The third item on the agenda Doris Kirchner, President, President and CEO of Vail Valley Medical Center (VVMC) provided a state of the hospital report to Council. Kirchner explained the orthopedics and sports medicine component of the organization deliver about 60% of the hospital's revenue. The VVMC currently has 850 employees during the winter spread throughout the valley (Avon, Beaver Creek, Edwards). VVMC will soon be able to receive ambulances at an urgent 1 5/4/2010 3 -I -I care center in Gypsum. In the Vail facility, semi - private rooms are being reconfigured as private rooms. The fourth item on the agenda was the Consent Agenda. a. Approval of 03.02.10 & 03.16.10 Town Council Minutes. Daly moved to approve the minutes without amendments with Foley seconding. The motion passed unanimously, 7 -0. The fifth item on the agenda was the Town Manager's Report. a. Revenue Update. Town Manager Stan Zemler reported that when all sales tax returns are received for the month of February, collections for the month are expected to be $2,564,368, essentially on budget for the month. Year -to -date sales tax collections are on budget and down slightly (1.7 %) from last year at this time. Inflation as measured by the consumer price index was up 2.1 % for the month of February compared to 2009. Use tax collections as of March 31, 2010 total $76,902 compared with just $22,889 at this time last year and $30,000 budgeted. Included in 2010 collections are the Ramshorn and several remodel projects including an addition to a Vail Village Inn unit and a remodel at Millrace Condos. No comparable activity occurred in the first three months last year. The full -year budget for 2010 is $500,000. Lift tax collections total $1,437,621, on pace with budget and slightly ahead of last year. The annual budget totals $3,115,000. Construction permit revenue through the first quarter totals $64,737 including $19,623 from major redevelopment projects compared with $131,080 from major projects at this time last year. Revenue from non -major projects is up 9% from 2009. The 2010 budget for construction permit fees is $425,000 with year -to- date revenue tracking on budget. RETT collections through March 30, 2010 total $1,064,828, up 23% from budget. This is also a 62% increase from this time last year. Approximately $409,522 of the 2010 sales are from major redevelopment projects including Arrabelle, Lions Square North, Manor Vail, Mountain View, Forest Place and the Vail Plaza Hotel. Collections not related to major redevelopment projects total $655,306 and are more than double the amount collected in the first quarter of 2009. The sixth item on the agenda was the West Vail Fire Station General Contractor (GC) selection process. Fire Chief Mark Miller explained that staff and the town's consultant (ARC Integrated Program Management) prepared a summary of the General Contractor (GC) selection process to procure a GC for the construction of the new West Vail Fire Station No. 3. In December of 2009, ARC Integrated Program Management, Inc. was hired to help the Town of Vail Fire Station Committee (consisting of 10 -11 individuals) publicly procure a GC to build the 2 5/4/2010 3 -I -2 new West Vail Fire Station No. 3 project. The selection process consisted of multiple phases, starting with soliciting qualifications from interested firms. Seventeen candidates submitted qualifications in early January 2010 from which the Committee chose ten to invite to the Request for Proposal (RFP) stage. Fee and General Conditions proposals were solicited from the ten very qualified firms, nine of which chose to respond. Based on the fee and general conditions proposals in conjunction with the qualifications received, five firms were invited to prepare Preliminary Guaranteed Maximum Price (GMP) proposals and attend oral interviews to introduce the proposed team members to the Committee and present their GMP proposals in detail. Based on the GMP proposals and interviews, three final candidates were invited to review and provide comments on a proposed agreement form prior to a recommendation being made. Based on the selection process /criteria, the Committee and Consultant recommended Council approve the hiring of Drahota Commercial, LLC to provide preconstruction services with the option and intention of later adding construction of the project to their agreement. The project was approved unanimously by PEC and was scheduled to proceed to final DRB on April 7th. Recommendations from Council at the March 16 meeting relative to landscaping reduction and snow melt recommendations were incorporated into the project and will continue to be further evaluated and value engineered. Cleveland clarified all respondents were asked for identical information. Chris Evans of Evans Chaffee Construction addressed Council regarding the recommendation to hire Drahota to build the station. Evans said neighboring communities were requiring the use of local contractors for public projects and asked Council to reconsider his bid. Tjossem said she felt there was a problem with the process if there was not special preference given to local contractors. "The process does not feel right for me... would like to see the process changed." ARC representative Adam Williams stated all final contractors intended to use 60 -70% of sub contractors from the Vail Valley. Newbury said she felt comfortable with ARC's process as she had successfully worked with them in the past. Donovan said Drahota had the lowest cost risk to the town. Daly moved to approve the contract with Drahota with Foley seconding. The motion passed 6 -1, with Tjossem opposed. Cleveland said the process was fair and rigorous. The seventh item on the agenda was an Update on the Conference Center Funds Reallocation. Town Manager Stan Zemler reported that in 2006, Council made a decision a future ballot issue for reallocation of the Conference Center funds should be used to "increase occupancy and increase overall economic activity." Since that time, several circumstances have occurred which have impacted how a ballot question is formulated. The town's five -year and fifteen -year capital planning documents continue to show a lack of funds for maintaining existing facilities or adding new projects at a level commensurate with our vision to be a premier resort community The parks and recreation master plan has been completed, with a significant need identified for facilities improvements including the Vail Golf 3 5/4/2010 3 -I -3 Course clubhouse. The current Council has identified five top priorities for the town - budget and capital management, parking and transportation, economic development and vitality, affordable housing and environmental stewardship. Zemler then recommended a working group comprised of not more than nine members. Two members would come from the Town Council, two from the Vail Economic Advisory Council and five appointed by the Town Manager. "I would then plan to meet over the next several months for the purpose of soliciting ideas." Daly said that any decision should drive occupancy and sales tax. "I would suggest that you find a strong chairperson to drive this process... To provide some leadership on a potential economic driver for this community." During a pause for public comment Vail Homeowner's Association representative Jim Lamont encouraged public input and the consideration of impact to adjacent neighborhoods. Cleveland noted, "All we are trying to do is identify more ideas." Tjossem encouraged using research developed by economic development specialist James Chung and the Vail Economic Advisory Council. Zemler clarified Council desired a bricks and mortar project that fills a perceived gap in health /wellness, cultural, education and athletic facilities available in Vail. Donovan and Tjossem agreed to serve on the committee. The eighth item on the agenda was an appeal pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the PEC's determination that Section 14- 5 -2 -K, Valet Parking, Vail Town code, does not require that at least 50% of the required parking spaces provided on site must operate as self - parking. Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the Town Council may grant a continuance of an appeal of a PEC decision to allow the parties additional time to obtain information for a period not to exceed 30 calendar days. Staff recommended Council grant a continuance of this item to its April 20, 2010 public hearing. Rogers moved to table /continue the item until April 20, 2010 with Foley seconding. The motion passed unanimously, 7 -0. The ninth item on the agenda was Town of Vail Work Plan Approval & Public Comment. Council agreed the Work Plan was adequate and suggested minor modifications be made to the environmental component. During a pause for public comment Vail Homeowner's Association representative Jim Lamont raised concern about the degradation of old growth forest associated with new construction. "Some people are seeing environmental devastation in their neighborhoods." Newbury expressed concern that the environmental component only mentioned recycling. The tenth item on the agenda was the Second Reading of Ordinance No.3, Series of 2010, and ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to 14 -1 -3, Administration of standards, to allow for changes to the solar panel regulations. 4 5/4/2010 3 -1 -4 On January 25, 2010, the PEC forwarded a recommendation of approval, with modifications, for changes to both the LionsHead Redevelopment Master Plan and the Development Standards of the Vail Town Code. On February 16, 2010, Council approved Ordinance No. 3, Series of 2010, upon first reading by a vote of 4 -3 -0 (Daly, Donovan and Foley opposed). Council requested staff return with additional information, including renderings and pictures of existing and potential solar panel installations. Staff requested a tabling of this item in order to provide additional information. Daly moved to table /continue the item until May 4, with Rogers seconding. The motion passed unanimously, 7 -0. The eleventh item on the agenda was Resolution No. 5, Series of 2010, a resolution amending Section 8.4.2.7 Roofs, LionsHead Redevelopment of the Master Plan, LionsHead Redevelopment Master Plan, in order to amend the guidelines on solar panels in LionsHead. Daly moved to table the item until May 4 with Rogers seconding. The motion passed unanimously, 7 -0. For details, contact Warren Campbell at 479 -2148. The twelfth item on the agenda was Resolution No.9, Series of 2010, a Resolution approving an Intergovernmental Agreement between the Town of Vail and Eagle River water & Sanitation District. Cleveland asked if more water would appreciably shorten the life of the lift station. Town Engineer Tom Kassmel responded that the lift station would be minimally impacted. Rogers moved to adopt the resolution with Daly seconding. The motion passed unanimously, 7 -0. The thirteenth item on the agenda was ERWSD Easement Agreements for Water Line. Town Engineer TomKassmel explained the agreements acted as an expansion of easements granted in Resoultion No. 9, Series of 2010. Daly moved to authorize the Town Manager to grant the easements as proposed in a form approved by the Town Attorney. The motion passed unanimously, 7 -0. For details, contact Tom Kassmel at 479 -2235. The fourteenth item on the agenda was adjournment. Newbury moved to adjourn with Foley seconding at approximately 8:28 p.m. The motion passed unanimously, 7 -0. 5 5/4/2010 3 -1 -5 Vail Town Council Meeting Minutes Tuesday, April 20, 2010 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Andy Daly Kim Newbury Kerry Donovan Susie Tjoseem Not present: Margaret Rogers Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Input. Mia Stockdale provided Vail Nordic Center participant numbers. She then asked for additional parking enforcement at the Center as alpine skiers were believed to be encroaching on Nordic Center designated parking. Cleveland said Council would be addressing parking issues in preparation for the upcoming ski season. The second item on the agenda was a Month of the Young Child Proclamation. Foley read into the record a "Month of the Young Child" proclamation. The third item on the agenda was Resolution No. 12, Series of 2010, a Resolution of the Vail Town Council of the Town of Vail, Colorado in support of the goals and concepts proposed by Greenport for a long -range commitment to stimulus activity by establishing a Unique Transit Oriented Economic Development Corridor. On April 6, 2010, Vince Cook appeared before the Vail Town Council to present the goals and concepts for a valley -wide Transit Oriented Development Corridor. According to Mr. Cook, the idea for the corridor ties together rail and bus transit, workforce housing and concepts for sustainable communities. Upon conclusion of the presentation, the Vail Town Council instructed staff to return with a 1 5/4/2010 3 -2 -1 resolution in support of the goals and concepts of GreenPort for the Council's consideration. Daly moved to approve the resolution with Tjossem seconding. The motion passed unanimously, 6 -0. The fourth item on the agenda was the Town Manager's Report. Zemler reported progress on state -wide transit issues. The fifth item on the agenda was Appointments to the Vail Local Housing Authority (VLHA) and the Vail Local Licensing Authority (VLLA) There was one vacancy for the VLHA, for a five -year term which ends June 1, 2015, two vacancies on the VLLA for two year terms, which end June 1, 2012 and one vacancy on the VLLA to replace a vacancy for a member who resigned and that term ends June 1, 2011. VLHA: Applicants for the VLHA must be full time, year -round residents of Eagle County who either are residents of the Town of Vail or work for a business holding a Town of Vail business license. Authority members must have a proven ability to be an effective advocate for a full range of housing projects and be able to promote a vision for local employee housing that has been approved of by the majority of the Authority. The role of Authority members is to act as Board of Directors for the business of the VLHA. The duties may include budget approval, adopting policies, advocacy, staff oversight, strategic and long- term planning, setting development and acquisition Parameters and potentially managing the existing Town of Vail deed - restricted housing inventories. Technical experience in one of the following areas was also desirable: financing of large projects, development, construction /construction management, planning, design, or legal. The town received two applications. The applicants were: Jeff Leistad and Steve Lindstrom. Newbury moved to appoint Lindstrom with Daly seconding. The motion passed unanimously, 6 -0. VLLA: All applicants to the VLLA must be citizens of the United States, qualifiedelectors of the Town of Vail, and have resided in the Town of Vail for not less than two years preceding appointment, and shall have no direct financial interest in any license to sell alcoholic beverages or any location having any such license. Duties of the five - member board include review of all Town ofnVail liquor license applications. There are currently three vacancies on the VLLA. The Town received five (5) applications for the vacancies. One of the vacancies is to fill the position left by a member who resigned in the past month and that vacancy expired June 1, 2011 and two vacancies are for two year terms that end June 1, 2012. The applicants are: Cody Kennedy, Kaye Ferry; Robert McKown, Matt Miller, and Ted Steers. 2 5/4/2010 3 -2 -2 Newbury moved to appoint Steers (to a one year term), Kennedy and McKown to two year terms with Foley seconding. The motion passed unanimously, 6 -0. For more information, contact Lorelei Donaldson at 479 -2136. The sixth item on the agenda was a Hidden Gems Wilderness Campaign Presentation. Hidden Gems representative Susie Kinkaid explained the The Hidden Gems Wilderness Proposal is a carefully- crafted, citizen - generated plan to grant the highest protection in the land to some of our state's most precious and threatened public and wildlife lands. Hidden Gems by the numbers: ➢ 379,000 acres ➢ 14 new stand alone Wilderness Areas and 26 additions to existing Wilderness Areas. ➢ Spanning two national forests adjacent BLM lands. ➢ Primarily in four counties — Pitkin, Eagle, Gunnison and Summit. Tjossem asked about the current uses of the Spraddle Creek area (included in the Hidden Gems proposal). Kinkaid explained, "We don't manage the areas... We look at them as they are managed." Daly and Donovan commented that Hidden Gems supporters made a tremendous effort reaching out to so many different organizations. Fire Chief Mark Miller said he was initially skeptical as wilderness areas add another layer of bureaucracy to decision making . "It's going to take some hiking and looking at boundaries pretty closely." Cleveland expressed concern that the United States Forest Service (USFS) did not support the process. Cleveland noted, "I believe the travel management plan (United States Highway Administration) should be approved before this thing comes to Congress." During a pause for public comment, Vail resident Kevin Hoechtl spoke in support of the Hidden gems proposal. "I would like to see us have enough wilderness to support the next generation." Dr. Tom Steinberg spoke in support of the proposal. "Preserve it as much as you can." Barry Kroetchel said he believed the initiative should be voted on. Local snowmobiler Joe Kasselbury expressed concern about the proposal. "Take your magnifying glass out and look at all these proposed areas." The seventh item on the agenda was a Request to proceed through the development review process with a proposal to construct a golf course tee box on the Town of Vail owned Ford Park, generally located on the eastern boundary of the Vail Nature Center site at 841 Vail Valley Drive /Unplatted. Vail Recreation District representative Mike Ortiz requested Council table the item until June 1. Daly moved to table with Foley seconding. The motion passed unanimously, 6 -0. 3 5/4/2010 3 -2 -3 An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail PEC's determination that Section 14- 5 -2 -K, Valet Parking, Vail Town Code, does not require that at least 50% of the required parking spaces provided on site must operate as self - parking. Planner Bill Gibson asked Council to uphold, uphold with modifications, or overturn the PEC's determination pursuant to Section 12 -3 -3, Appeals, Vail Town Code. The town's administrator determined that Section 14- 5 -2 -K, Valet Parking, Vail Town Code, does not require that at least 50% of the required parking spaces provided on site must operate as self - parking meets the standards and conditions imposed by the requirements of the Vail Town Code. The Appellant, Donald Zelkind, appealed this determination to the PEC. On February 22, 2010 the PEC upheld the administrator's determination by a vote of 7 -0 -0. The Appellant appealed the PEC's determination. Staff recommended Council uphold the PEC's February 22, 2010 determination per the review criteria and findings identified in the staff memorandum. Zelkind expressed concern Vail Resorts requirement of valet parking at the Arrabelle at Vail Square hurt property values. Town Attorney Matt Mire explained that each of the town's planners can be considered a zoning administrator. Property Manager for the owner of Arrabelle at Vail Square Unit 672 Doug McMillian expressed concern that after two years at the Arrabelle at Vail Square he had to valet his automobile over 250 times. Vail Resort's legal representative Carolyn White said the parking interpretation would eventually be determined in civil court. Zelkind said he believed the interpretation of the statute was absurd. Council moved to uphold the PEC's decision. The motion passed unanimously, 6 -0. The eighth item on the agenda was Resolution No. 7, Series of 2010 - A resolution adopting the Town of Vail annual fee -in -lieu amount for Commercial Linkage and Inclusionary Zoning. Housing Coordinator Nina Timm explained that in 2007, the town adopted Commercial Linkage and Inclusionary Zoning requirements for new development and redevelopment. One of the five methods of mitigation is a fee -in -lieu for providing the required housing. Each year the town is required to adopt the fee - in -lieu for the year. Timm explained there had been significant fluctuations in the fee due to significant ebbs and flows in the median price per square foot of real estate sold in Vail. The proposed employee housing fee -in -lieu amount reflects the gap between a two - person household earning 120% of the 2009 Area Median Income and the 2009 median cost per square foot plus an administrative fee of $3,000 per employee or $3.65 per square foot. The two - person Area Median Income increased $2,700 from 2008 to 2009 and the Town of Vail median price per square foot decreased $394. Additionally, the assumed interest rate dropped to 5.5 %, to be more reflective of current mortgage interest rates. The following is a comparison of the 2009 fee -in -lieu and the 2010 fee -in -lieu: Per Employee Per Square Foot 4 5/4/2010 3 -2 -4 2009 $329,209 2009 $398.65 2010 $ 74,299 2010 $ 90.65 Change -($ 254,910) Change - ($308.65) Based upon the significant fluctuation of the fees -in -lieu over the past two years and anticipated change next year, Staff proposed to amend the formula for calculating the fee amounts. Staff proposed the fee be calculated each year as has historically occurred, but then average that fee with the previous two year's fees, creating greater predictably in the fee amount from one year to the next. Cleveland said he was uncomfortable with the town being able to change the rules of the game when it benefited the town, "I am really scared of setting precedent." Daly said he thought the current formula was not effective and did not reflect the market and perhaps the whole method of calculating the fees should be changed. Following further debate, Newbury recommended following staff's suggestion of using a three year average, based upon the large amount of debate and consideration that went into establishing the formula initially. Newbury moved to approve the resolution with and to use a three year moving average in 2010 with Foley seconding. During a pause for public comment, local developer Peter Knoebel spoke in support of using a three -year running average to avoid fluctuations. The motion passed 5 -1, with Cleveland opposed. The ninth item on the agenda was Ordinance No. 5, Series of 2010, An Ordinance Amending Section 6- 3C -6(B) of the Vail Town Code Regarding the Possession, Use and Display of Cannabis. Town Attorney, Matt Mire, explained that public display or consumption of cannabis is a Colorado State law but by adding this law to the Vail Town Code gives the Vail Municipal Court jurisdiction over these matters. He explained the ordinance was not a new law, but rather an old law that had been previously deleted from the code. "Five years ago Marijuana was illegal and specific laws were not necessary... We could not have contemplated the current situation." Municipal Judge, Buck Allen, said the ordinance would basically observe cannabis in the same light as alcohol. Daly moved to approve the ordinance with Foley seconding. The motion passed 5 -1, with Newbury opposed. Newbury clarified she disagreed with stricter marijuana legislation. The tenth item on the agenda was Resolution No. 8, Series of 2010, a Resolution Approving an Intergovernmental Mutual Aid Agreement for the Provision of Law Enforcement Services. Foley moved to table the item until May 4 with Donovan seconding. The motion passed unanimously, 6 -0. The eleventh item on the agenda was Adjournment. 5 5/4/2010 3 -2 -5 Newbury moved to adjourn with Foley seconding at approximately 8:30 p.m. The motion passed unanimously, 6 -0. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk 6 5/4/2010 3 -2 -6 T VAIL VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 4, 2010 ITEM /TOPIC: West Vail Fire station site stabilization (shoring and retaining wall construction) and preliminary foundation work. PRESENTER(S): Adam Williams (ARC Integrated Program Management) / Mark Miller ACTION REQUESTED OF COUNCIL: Staff is requesting approval from Council to release the award of the site stabilization (shoring and retaining walls) and preliminary foundation work subcontracts based off the 95% Construction Documents in order to allow critical work to begin while the remainder of the documents are finalized and bid. Engineering design for this work has already been completed and we have bid the scope to the subcontracting community and have received competitive pricing and good value for the TOV. BACKGROUND: See attached memo from ARC. STAFF RECOMMENDATION: Staff recommends that Council (through the Town Manager) allow Drahota to award up to $425,000 of local subcontracts for the site stabilization /preliminary foundation work in order to save valuable time and stay on budget by maintaining the current construction schedule. ATTACHMENTS: West Vail Fire Station 5/4/2010 t ARC Integrated Program Management, Inc. 1790 38th Street • Suite 105 • Boulder, C0 80301 • (303) 443.0330 • Fax(303)443-1508 MEMORANDUM TO: Town of Vail Town Council FROM: Adam Williams, ARC Integrated Program Management, Inc. SUBJECT: West Vail Fire Station No. 3 DATE: April 28, 2010 I. BACKGROUND In December of 2009, ARC Integrated Program Management, Inc. was hired to help the Town of Vail Fire Station Committee (Committee) publicly procure a General Contractor (GC) to build the new West Vail Fire Station No. 3 Project (Project). On April 6, 2010, Vail Town Council authorized the Town to proceed with awarding a contract for preconstruction services to Drahota Commercial, LLC while incorporating their preliminary Guaranteed Maximum Price for construction as an exhibit to the agreement. The benefit of bringing the GC on board before the design is complete is to gain their input on the including value engineering ideas, constructability reviews and value -added suggestions prior to finalizing the documents. This effort helps eliminate the potential holes or errors in the drawings as well as minimizes the number of changes requested after subcontracts have been awarded. Reviewing and refining the scope prior to bidding to subcontractors limits the number of pricing modifications requested after subcontracts have been awarded and thereby minimizes the associated cost risk to the Town. Following Council authorization on April 6 Drahota has been working closely with the Design Team and the Owner to provide such feedback, value engineering ideas and other suggestions to limit the Town's exposure when the final documents are bid to the subcontracting community. A list of over fifty items is being tracked, assessed collectively and incorporated into the documents. Accordingly, the team has opted to move the date of 100% Construction Document issuance back almost three weeks in order to allow the team to assess the potential modifications and allow the Design Team sufficient time to incorporate the approved modifications into the Construction Documents. II. RECOMMENDATIONS, ACTIONS & NEXT STEPS The extended design process could result in moving the construction start date back a corresponding duration, and run the risk of: incurring additional winter condition costs as the building enclosure activities could be bumped back into next winter, eliminate the potential of completing site work this fall, and potentially be at risk for additional costs due to an extended schedule. TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... Page 1 of 2 © 2010 All Rights Reserved By 5/4/2010 ARC IPM, Inc. 4-1-1 In order to maintain the current construction schedule, and as suggested in the previous Council memo, we propose to release the award of the site stabilization and foundation subcontracts based off of the 95% Construction Documents in order to allow the critical work to begin while the remainder of the documents are finalized and bid out. Engineering design for stabilization work is complete and we have bid the scope to the subcontracting community and have received competitive pricing and good value for the Town. Any subcontracts awarded at this stage will be assignable to the Town and therefore any other GC who could continue with the work should the Town choose not to proceed with Drahota into Construction. The team proposes to present a final GMP and award recommendations of the remainder of the construction contract by the June 15 meeting. III. ACTION REQUESTED OF COUNCIL Authorize the Town of Vail Council through Town Manager to allow Drahota to award up to $425,000 of subcontracts for site stabilization and preliminary building foundation work to maintain the current construction schedule. TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... Page 2 of 2 © 2010 All Rights Reserved By ARC IPM, Inc. 5/4/2010 4 -1 -2 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 4, 2010 ITEM /TOPIC: Lionshead Transit Center Update. PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Review presentation documentation, listen to presentation by the design team and staff, ask questions, provide comment, and affirm direction of the design so the proposed design may continue thru the PEC and DRB process for approval. BACKGROUND: The Town of Vail and the Vail Reinvestment Authority, are in the process of completing Design Development (DD) and Entitlements for the Lionshead Transit Center Project in response to past planning efforts. The VRA has contracted with the 4240 Architecture Team to complete this design. The purpose of the evening session is to present an update to the Council on the progress of the Design Development Design and Process. Attached is a presentation document prepared by 4240 that summarizes the project progress and current design status. STAFF RECOMMENDATION: Review presentation documentation, listen to presentation by the design team and staff, ask questions, provide comment, and affirm direction of the design so the proposed design may continue thru the PEC and DRB process for approval. ATTACHMENTS: LHTC Presentation Staff Memo 5/4/2010 i t M 41 l l' - ./fa icy �• A d� 1 _ je 6 L A41 �Y5✓ C ! s -t;� * .A'^''.'. - y -.. _� ✓,'r Y r k 5/4/2010 5 1 - 1 4240 Contents Why Are We Here Today? Part 01: Review Direction from Town Council on 01/19/2010 Part 02: Project Schedule - 2010 vs. 2011 Improvements Part 03: Recent Progress: 2010 Improvements - (ECO /Frontage Road/ West in -West Out) 2011 Improvements Overview — (Auxiliary Building Replacement) Part 04: Project Budget / Cost Update Part 05: Next Steps Part 01 Review of Town Council Direction from 19 January 2010 Authorized to Develop Detailed Design for the Following: South Frontage Road /ECO Transit Improvements East Lionshead Circle /South Frontage Road Intersection Skier Drop- off /Short Term Parking Within LHPG - "West In /West Out" Auxiliary Building Replacement - with ToV Info. Center & Small Retail Limited Concert Hall Plaza Improvements -Snow Melt Sidewalks Authorization to Proceed through Entitlements Phase 111 Only: Phase 111 Contract Awarded /Phase 111 Kickoff on March 3rd 2010 5/4/2010 3 5_1.3 Part 01 Review of Town Council Direction from 1/19/10 I + �.. _ 1, ,I. l u l l •4 Add ECO to North Side of LHPG — Option 02 (Single Lane) Improve Intersection Skier drop -off in LHPG - @ ELC /SFR "West In /West Out" I -- fs CINCER LAZD 5 51 Auxiliary Building Replacement ' Limited CHP Improvements siarzoio 4 Snow Melt Sidewalks 5 Part 02 Project Schedule - 2010 / 2011 Improvements 2010 Improvements: South Frontage Road Improvements East Lionshead Circle /South Frontage Road Intersection ECO Transit Improvements Skier Drop- off /Short Term Parking Within LHPG - "West In /West Out" 2011 Improvements: Auxiliary Building Replacement TBD Improvements: Limited Concert Hall Plaza Improvements -Snow Melt Sidewalks East Mall Streetscope Improvements - (Not in Scope) 5_x_5 Part 02 Project Sched - 201 / 201 Improvements M® M C3 CD M 0 0 C3 M 4= C5 C C Ln M C, i _0 CD C3 ................................................................ :Add 4 ECO Bus Bays / ECO Building ............ ...........................• SO Phase Development DD Phase Development CD Phase Development B id & Award (Concurrent with COOT review) CO Ln 10 IM C, C2 M M CM C, cl Lo -0 � co C2 1 = G2 Q .................................................................................................... M C2 El C1 SFR Improvements I Skier Dropoff & Short-term Pkg. in LHPG ............... T5N . .. t� . 6T6p iw � � f ................................................................. — DI)phase Development CD Phase Development 40— Bid & Award (Concurrent with COOT review) �Construction Phase 14 months) 2010improvements 5/4/2010 6 5- 1 -6 Part 02 Project Sched - 201 201 Improvements M CD G W CD M 4= M CD C5 CM M CD 4= 4= 4M M M W C3 4;� U i� U Q; ................................................. Auxiliary Building Transit/WeLcome Center ............. ........... SD BuiLding DO Phase Devetopment CD Phase Development 6 Bid & Award Construction Phase Early Work- Shop Dwass I Submittals DemaLition / Conslruction RibLic Spaces Open VFM Spaces open 2011 Improvements 5 4 2010 7 5 -1 -7 Part 02 Project Schedule - 2010 / 2011 Improvements V_ V_ r V_ T_ r T_ r f c v o c o 0 o c cw ni cv r+lt cv cv cv e� cep 1i 1�4 Z4 ZZ, 8 8 V" C4 C4 4= r r en M Ul) Ln M%C m 0 0 C3 a a a C3 o 0 Project Entitlements / Approvals Schedule MP Amendments/ PEC / ORB / TC Approvals PEC SubmittaL - LHMP Amendments PEG Worksession -Review Work to Date/ Introduction PEC Meeting -Review I Approval of LHMP Amendments PEC Submittal - ORB Submittal - today Town Council - Design Update /Approval of LHMP Amendments DRB Conceptual Review - Review Work To Date/ Introduction AL 2010 PEC Meeting - * Review /Approval of Design improvements ORB Meeting — * Review /Approval of Design . .. ... ................................................................................................................................................................................... ............................... 2011 Town Council - Auxiliary Bldg - [Date TBDI improvements PEC Meeting - Auxiliary Bldg - (Da TBDI ORB Meeting -.Auxiliary Bldg - [Date TBD] Final Entitlements Approvals - (Est. 8/15/101 *ALL projects except Auxiliary Building 5/4/2010 2010 Entitlements Schedule 1 .8 Part 03 Recent Progress Detailed Programming - (2010 & 2011 Improvements) Detailed Design Work for 2010 Improvements - (ECO /Frontage Road / West in -West Out) Schematic Design Work for 2011 Improvements - (Auxiliary Building Replacement) Part 03 Detailed Space Programming - ECO Building Recent Progress ECO Shalter - South Frontage Road Activity�spare Quantity Size Area (sQ A Public Waiting Area 50 total 2.01 Passenger waiting area (Indoor) passengers 470 ' Standing (60%) 40 8.5 sfrpassenger 340 Seated (20 10 13.0 0passenger 530 2.02 "lending Machines 3 1 5s (3'x5') 45 . 2.03 Self- -Serve Tourist Into 1 12'x2' 24 2.04 Restrooms (Public) 2 2 16s [18'x12'] 432 i 2.05 drinking Fountains 1 10sf (216) 10 2.06 Janilor's Closet 1 4'706' 24 Subtotal (GSF): 9,1305 B Mocha nicalrElectrical Area (Basement) Y I J 2.06 B&I& planVramm 1 8'x10' 80 2.07 Electrical Room 1 4'x8' 32 2.08 Mechanical Rraorn 1 8'x10 80 — - Subtotal (GSF): 182 Total (GSF): 1,197 1,250gsf + 550gsf bsmt. (as designed) C Outdo-or Programmed Spaces 57 total 2.10 Passenger waiting area (Outdoor) passengers 550 Standing (60%) 40 8.6 Wpassenger 340 Seated (20%) 10 13.0 sffpassenger 1301 Bicycles 4 20 V( passenger 80 2.11 Exterior Stairs 1 5'x20' 100 Exterior Total (I'iSF): 6513 725gsf (as designed) 00- ` Public Art J $.culp #urn& t _ tf °stfi° 36 5/4/2010 10 5 -1 -10 Part 03 Detailed Space Programming - Existing Auxiliary Building Recent Progress o 1 T N. I I I I I I I I I I I MF]ANINE ! I I Inv OWNTO I m I I I I I I — — I I I ! I I 1 I I I I I I I I I I I I I -1 Oa Second Floor Plan. Mezzanine Level ajyS Sf Existing Program B C 6 E O Q H I J N. I I I VRD z,5oo Sf — " ' " — '—I'— " —' —� —' ❑ PublicRestrooms 434 Sf SiNmS SfN�.. Retail Space 340 Sf ' rla SF rl55F �� S III wwur — N Retail Seating/ Public 1 354 Sf —_— _ —_ lIR —_,J --- — — T = = = == I — ° == I � - I -- I � B.O.H. 127 Sf – °- e��_e. _� — — ' — t — ° i — ❑ Circulation 418 Sf — — — — L - — I Total 5,179 sf I I I I I I I I I I I I I I I I I I I I 01 First Floor Level Main Level -3804 Sf 1116 " =1' 0" 5/4/2010 q 11 5.1 _ 11 Existing Auxiliary Building Program Allocation enrelco rr,e Center Conceptual NsignPacka�e `-f"-�I��'� Part 03 Detailed Space Programming - New Welcome Center Building Recent Progress Lionshead Welcome Center (Auxiliary Building replacement) Q uantity A Public Waiting Area d A0121 Component icoffee shoe 56total 119 Retail Counter 1 12'x211' 240 1.01 Passenger Waiting Area (Indoor) passengers" 470 1 20 BO- H:3Prep Area 1 9x20' 160 Standing (80 %) 40 8,5 sf /passenger 340 1 21 Slorage.+Janilor5 Closet f Vx5' 30 Sealed (20 %) 10 13,0 8f/passenger 130 Subtotal (NSF): 43U 1.02 Vending Machines 3 15sf (3'x5') 45 1.03 Restrooms ( 2 216sf (18'x121 432 E Mee hanicalfElacbical Area 1.04 Drinking Fountains 2 10sf (2'X5') 20 1 23 Milerplaatlhoom t 8`x1 1Y W 1,05 Maintenance 1 Janitors Closet 1 460 (8'x5') 48 124 Elecincal Room 1 4'x8' 32 1,06 Public Lackers- (30 "x3l) ") 1 72sf (12'0') 72 125 Mechanical Room f 8 60 Subtotal (NSF): 1,087 Subtotal (NSF); 192 6 Information Center - Relocated Lionshead ToV Info. Center Total (NSF): 5,053 1.07 Exhibit Spate 1 12'x4' 40 1,08 lnfurmatur, Desk (Meet+ Greet) 1 12'X15' 180 1 09 Information Kiosks 1 8'x2' 16 110 Storage 1 6'x10' 60 126 General Service (NSF x 15%) 758 Subtotal (NSF): 304 1 Total (GSF): 6,$11 C Vail Recreation District fVRD) F Outdoor Pragrarnmad Spaces 50 talal 1 27 Passenger Waiting Area (Outdoor) passengers 510 1,11 Imagination Station 32 40 sflvisitor 1,280 Sta , rdmg (80 %) 40 8.5 s.Upas5enger 344 1.12 Camp EcoFun 26 30 sflSludent 780 Seated (20%) 10 13 0 51lpassenger 13D 1.13 Painting Supplie"ink 1 40sf (8'X5') 40 Bicycles 2 20 sf +passenger 40 1.14 Kitchen 1 200sf (10'x20} 200 1 15 Offices 4 100 sf (10'X10') 400 1 28 Elevator lar dirrp area 3 200 sf 609 1,16 Storage 2 80sf (8'x10') 160 1,17 Restroom 1 40sf(8 - X5 - ) 40 Exterior Total (NSF): 1,11© 1,18 Break Room 1 140 sf (10714') 140 Nn1a Fka�umani lavnl rn arrnmmnri�ia tu.lo +nnirrrnc. Subtotal (NSF): 3,040 Additional Storage 2 180sf 360 Note: VRD Program sf in existing Auxiliary Building 3,020 5/4/2010 12 5 -1 -12 Part 03 2010 Improvements Overview South Frontage Road & East Lionshead Circle Improvements ECO Transit Improvements Skier Drop- off /Short Term Parking in LHPG Part 03 2010 Improvements Overview -(South Frontage Road Improvements) F o °e .N.. ft1`�pµ7A4� FTi7 i. _. 1h P • 0 Widening and lengthening of "improved" South Frontage 15' wide ECO bus pullout lane Road to allow for east/ west bound bypass lanes & east /west bound acceleration/ deceleration lanes Note: CDOT will not require revisions to ToV Info. Ctr. Drive or Entry 5/4/2010 Drive into LHPG as part ofproject improvements 14 5 -1 -14 Part 03 2010 Improvements Overview - (East Lionshead Circle / South Frontage Road Intersection) 4. west bound bypass/ west` i1� - �c bound turn lane/ east bound '+ bypass / east bound turn lane h one tree removed west bound queue / east bound bypass snow storage equipment access area , $H snow storage area r y� r Pa � w north bound bypass/ south "I Of bound turn lane/ south bound bypass .�.,.,, four trees removed w• 'P 5/4/2010 15 5 -1 -15 (Previously Submitted) Part 03 2010 Improvements Overview — (ECO Transit) - - possible restrooms / `p \ — f waiting area I LO � 1, BLOCK 2 � /• � r T T] , 5/4/20 L 0 16 5 -1 -16 Part 03 Landscape Hardscape 201 Improvements Overview — (ECO Transit) A A -J, 4— PARKING LJONSHFAD F STRUCTURE EL , V11 4 L--- EBTALru Akio Note: snow melt provided at all new Landscape/ hardscape Connected together by a series pedestrian walks & new stairs only improves along full length #W of landscape "moments " — R� 17 of pMv rian path areas of concentration Part 03 Landscape / Hardscape 2010 Improvements Overview — (ECO Transit) _terrace - . • 1 J 1 ELC /SFR — FRTB - Intersection - "Rich & Lush" II "Hearty & Welcoming" new short -term t'I parking access drive R - a — Boom East Mall Entry - "Seasonal & Colorful" x 5/4/2010 18 5 -1 -18 Part 03 F.R.T.B. (Frontage Road Transit Building) 2010 Improvements Overview — (ECO Transit) — P,• . op n1 ` � n Architecture to strike a balance between the e Vail Vernacular and a Colorado Alpine Aesthetic 19 5 -1 -19 Part 03 F.R.T.B. (Frontage Road Transit Building) 2010 Improvements Overview — (ECO Transit) r Y = a - - -- - ti -- Extracting the boulders from the site to create seat walls, separation betw4 EEm pedestrians and buses and "soften" the guest experience 20 5 -1 -20 Part 03 F.R.T.B. (Frontage Road Transit Building) 2010 Improvements Overview — (ECO Transit) 4 Y .rs — , i 1 r Design to incorporate the same natural stone used throughout Vail's public buildings — the building will be grounded to the site and a durable, low- maintenance exterior cladding 1 pd'��tf�ff g 21 5 - 1 - 21 Part 03 F.R.T.B. (Frontage Road Transit Building) 2010 Improvements Overview — (ECO Transit) 1 2 3 4 5 6 7 8 I i - - ❑ ❑ - - -- ❑ ❑� ❑ _ .. A m sr .l 9 WAITING M6 6a? SF OLr�00R'JJWTING -- — I 7213E n sF R[STROnIA FOYER A as sF o ISP:F _ _ t �y� a,1 <•S` -'�0$y TOURIST IIr FG mSF 1NSr 41 SF A.V. CLOSET - — — — — - -. CIRCULAT A5S L �E -11J �E -12. IE -13 JANITOR CLOSET MEN'S OUTDOOR WAITING AREA TOURIST INFO VENDING WAITING AREA �idge Access to Basement Access LHPG from middle level of WOMEN'S LHPG 5/4/2010 22 5 -1 -22 ROOFING — High Quality, Durable, Standing Seam Metal Roof with High - Recycled Content — 7 L� S XN �� _ �. WINDOWS & DOORS — Provide warm, durable profiles f West Elevation that can endure harsh local weather conditions, provide acoustical control & convey a rich mountain aesthetic WOOD — Natural finish, Clear Fir, Expressive of Craft and Refinement, Of the Vail Valley STONE — Local Field Stone, Dry- stack, Anchoring Building to Site, Permanent, Durable, Low Maintenance" -- _ CRAFTED ELEMENTS — Metal Railings, Trellises & Canopies, Fabricated by Local Artisans Reduces Transportation distances and Supports Local Economy LP- ° F 1. Tf11"T'. North Elevation 5- 1 -23 Part 03 F.R.T.B. (Frontage Road Transit Building) 2010 Improvements Overview — (ECO Transit) dW -- 1i— - Levert - - — ■1A ♦ �I Level 2 �_ med�aniral room Level 1 U Section through FRTB 5/4/2010 24 5_x_24 Part , Bridges • 2010 Improvements Overview • '. t' U iw Standard Powder Fi n i s h es , • Part 03 FRTB Sustainable Design Features 2010 Improvements Overview — (ECO Transit) • Building use is for public transportation • Fly ash used in concrete • Protect and preserve site and natural features during • Building is designed for moderate comfort - it is kept cooler in construction to minimize site disturbance and water runoff the winter and warmer in the summer • Use energy efficient windows • The building is not air conditioned. Ventilation is provided via an exhaust fan and operable vents • Provide 90% or better energy efficient boiler • Provide overhang to lower heat gain • Provide recycle bins to collect waste material • Use of in -floor radiant heating • Use low -flow flush toilets • Use water -based low VOC finishes • Use automatic sensors on plumbing fixtures • Maximize views • Provide electric handryers as well as paper towels • Programmable automatic sprinkler system to minimize water • Maximize the use of daylight in public areas, including evaporation restrooms • Provide bike storage racks • Use occupancy sensors for operation of light fixtures • Heat recovery ventilator to serve restroom exhaust and • Maximize low energy -use lighting replacement air • Use daylight sensors to minimize use of lighting during Active Sustainable Features considered, not yet implemented: the day • Provide thermal solar panels on south - facing roof • Exterior fixtures are "dark sky" • Heat recovery from snow -melt boilers • Super - insulated roof • Transpired solar wall on south fagade to preheat replacement air S42WO s -i -1e (Previously Submitted) Part 03 2010 Improvements Overview - (Skier Drop -off / Short Term Parking) at grade exit •■*some ••■a.■4■.a•• Made* 0asY ■■■.s■ 1 •■* Ey Pedestrian Movement V'ehlcuiar Movements Inlout Frnrn West tel whd I 1 I I I I •— I CfF +51#�� ■ � � ■ ■ � � .. ■ FPM FlINNING am:�e — ben es I I I I space �Y - �NlmrycuJgwar a.a�+c I I 44. Fell F4l29p -B+{7A I I I r ! I I — 9 - -- - - -' -- -- Lionshead Park[rig Garage _ E] Stairs to Middle & Up per Levels �•,�, .� Lowest Level 5/4/2010 27 5 -1 -27 Part 03 2010 Improvements Overview - (Skier Drop -off / Short Term Parking) _ 1 ped. access from = L —L -_� '' - -- - -` lowest level natural stone cladding and cap to be qrq�� Fd at all exposed retaining walls s -i -za , Part 03 2010 Improvements Overview - (Skier Drop -off / Short Term Parking) a � { i" E op7en rai ling to match FRTB & Metal wall panels and framing new natural stone clad retaining estrian bridge, typical members to span new opening wall and stair landing at garage "poke- through" 5/4/2010 29 5- 1 -29 Part 03 2010 Improvements Overview - (Skier Drop -off / Short Term Parking) modify existing intermediate landing to allow for vehicular movement below new concrete infill panel to match existing new ped. access from upper level - I south garage ♦ ♦♦ rl. � �w,;l„ •♦� '�_. - II I III 11 yli 51 4 , 1 ,i ,'}�t ♦� "' � � , . fps •,; new ped. access - fromECOTransit outside of existing l� f garage _ J � I A new natural stone clad retaining wall and stair landing 5/4/2010 30 5 -1 -30 Part 03 2011 Improvements Overview Auxiliary Building Replacement - Lionshead Information & Welcome Center P art 2 011 Improvements Overview Building ' -p - - transform the gateway into lionshead: old to new • ;A 3� Part 03 2011 Improvements Overview - (Auxiliary Building Replacement) TRANSIT FACILITY VISITOR CENTER YEAR BUILT SQ. FT. DESICN FIRM NOTES Tahoe City Transit Center Summer unknown WRNS Studies Ainier -modal transit center North Lake Tahoe 2010 with 6 bus bays and t ;o parking i{ spaces. outdoor covered pa. nger waiting are a,, drop offareas, bathrooms, bike _�.. racks,skirsnowboard mcli connectl0nsto the existing trail system. Visitor Ceram Arch. Nab. 2007 za,6— Holzer Knbler Wi�in the building, the Wang.,, G—any Architekturen landscape amore, Miuelbe-g prmidestheformal and canreatual frarrewark For the permanent exhibition. The actual landscape is "showcased" on one sick, while the opposite wall features an artistic representation of1hat same landscape sic, Ru bey Paris Transit Center 1995 unknown' Gibson Reno _ - Aspen. Colorado Architects Grand Teton National park 20x7 22,000 Bohlin Cywinskl A large concrete and stone Dittwivy and Visitor Center (S21.5 million] Jackson fireplace acts as the f—i` paint Jackson, Wyoming a €the room Additional program dements irnduding a 6.okstore, art gallery and ciansm0rn— - - I-.ted adjacent to it. gathering space - Cheyenna Moardain State Park 2007 6,700 424o Architecture The visitor center h ... es - YsRorsCertter interpretive displays., information Coiorado Springs. Colorado desk. book and gift store, administrative ores, multi- purpose room, and storage. A smap coffee shop and °living were programmed to -I ar— this- perienca. , a PPecedent Stu dleS Vielcomp Center Conceptual Design Package 5/4/2010 33 5 -1 -33 Part 03 2011 Improvements Overview - (Auxiliary Building Replacement) I HA-Si I FM:I u I Y- 4r$ITQR tFAR kl,.lI Fl I IF51CN F RA4 NQT Plarmnl.Taaltsi Cefli Y xrxa unkr— A i :4:c. ritects vacated tl w foul a of F alstera�lle_ smaller scale. - a;, The Old Town Traenoitl.Center xccc y,xcc RNt W b.nlding Is construmd - - Nark t!Ly, IJ:a1 af.-- rial;'inr1 -mr, heavy - tim5er,, - m .I'[rare anda rneW: - iwo shxy haild ng co +strlced on a slop+ng stwt. It allows access - Em a s diHcrrnr [—N. B— loading is — ilable direrty ad j m the Facility, as is a svrrace m& il; Im. - glue UpPark ey Regional — A ie,kvss Lund, Leek S.Sarpen[ uestlrlation Cenler. I _ Ashcvdlc NnrrF . r � Fl a�a " �'3Y�� yam Fan C1 Sau[h TranslFSmtian 2000 „000 gra.a A'ehiLeLLare Therormomeroof n Fc- Collins, c�o-acado I,mpar Yl orlertaa,on ana aaemang. s [[ rifr shut pth hnn.y - ver[wal clnney clea[e, a.tack elTkL and HA rally vanLllat ?s he �°''• 1�; y - poollcspaces., Capital Peak Ladgeamd village 20a6 r,axgrrn 424o L.rLhiteuure Thi building inLludesguesL - nniaaltaaler servaes day skrrlodce*s , sllang - 5nrr, r., ing s, mad ar'd be ge . mms,an. underF -und m in2l, d ent seers lraeri bus tear inzl to lobcy 3 ease village Plaaa rte - elevator sla. s and esca iWr and apa krrgg PF Crlra cr F.crday .Pa sVr.r, resident —6 Mlageguests. t% wt Precedent Stud ies . alcon,c r Wt., Conceptual Design Package 5/4/2010 34 5 -1 -34 Part 03 2011 Improvements Overview - (Auxiliary Building Replacement) shelter gateway funnel lantern Welcome / Information Center Conceptual Design Ideas 5/4/2010 35 5 -1 -35 Part 03 2011 Improvements Overview - (Auxiliary Building Replacement) Many d a y s kiers find shelter in either their car or the Gondola. The Lionshead Welcome Center building provides a meeting place for skiers coming from both Vail Village and Lionshead at the begining and end of the day. e t �1 Conceptual Strategies 5 4 2010 36 5 - I - 36 Part 03 2011 Improvements Overview - (Auxiliary Building Replacement) With thousands of people enterying the ski hill through this portal in any given day this structure becomes a gateway into Lionshead both coming to the mountain and leaving at the end of the day. The gateway reinforces C1fPl the existing view corrridor and provides a threshold U between the parking structure and pedestrian mall, creating a clear orientation to the ski hill. ji +I. A V, ! � r Conceptual Strategies 5/4/2010 37 5 -1 -37 Part 03 2011 Improvements Overview - (Auxiliary Building Replacement) In a social sense, a diverse group of visitors participate in this �� passage. It functions as a cultural equalizer, mixing: ��� (mixing pot) Young + Old Black+ White Wealthy+ Ski bum Snowboarder+ Skier Alm i; C \ Conceptual Strategies 4 2010 38 5 -1 -38 Part 03 2011 Improvements Overview - (Auxiliary Building Replacement) A warming but at the end of the day a place to unwind lay your skis down for a few minutes before jumping in the car and heading home. This is a respit from the cold with a warm inviting light. This is about materiality and wayfinding. MIF s - A S y y f fi Conceptual Strategies 5/4/2010 39 5 -1 -39 Part 03 2011 Improvements Overview - (Auxiliary Building Replacement) Brilding Integrated Phot —lw- - 1 i i Daylighting 5teategtes - - Sustainability on Display While waiting for the bus, passing through or taking the time to stop and enjoy the view, a captive audience has access to a learning through technology and demonstration of the buildings sustainable features. Geothermal I i - 1. Now many ki owes ire ® - '". f�r mo-Nirrp mew � � - r ttow moray k war. rnoars � ■ L _ = '�`" .. - �e.emuromt: r„onm. a ■. r . Pwblic aid Pcrsrnaf 6isPlay Systems Learning While You Wait Welcome Center Conceptual Design Package 5/4/2010 40 5 -1 -40 P art 2 011 Improvements Overview Building ' -p - - 1 y : P ; � ` � �s�.c�� f " a'• � ;, 111111 � � 'II � A � a � r • "t �' - 1 +R 1111111111111A -- �- � '��� G Similar to the FRTB Architecture o t o strike a balance be tween Vernacular • a Colorado Alp Ae sthetic S outhwest • Build Part 03 2011 Improvements Overview - (Auxiliary Building Replacement) Main Visitor • • Main Visitor ■ • ■ Entrance into Entrance into ■ Info Center from • • VRD from LHPG ■ LHPG ■ ■ LHPG Lowest Level - 15 ■ ■ 11' -4' !0' -8' •' -4' [4' -4' 14' -4' !.6' -Cr 17 -4' I4' -0' 14' -4' 14 -4 7-4' I V I I I --- —a -- _._.. ..__. e- - — — — -_ I _ Possible in fill existi ' opening to allow fo benches ' v g E .. � I ;� IHOH I 11 [CMJiOn p � e.1ar• - I I 1 t_ iF,AF I I �'� � r'BfapWL � ixr4 I I V a ped.access from lowest. � level LHPG' fl17i1L_ _ _ 1;J,N37_ ------- - - -- - - -- .... ... exterior plaza --"- Ground Floor Plan 5/4/2010 42 5 -1.42 - -. .. Part 03 2011 Improvements Overview - (Auxiliary Building Replacement) LHPG Middle Level - 2S I I open to below I r`Y INNU [RNn Wo RFGE J �,!' ' INd?II �a I I I 5[OP.E�E F?FF6g I I. I UTWaW_. - -- IRIKeMnVp a Y�o� �• I I Et0 �n�C:� IavE4 - sIMeE[x .I I ----------- - - '+ - - ----------- ---- - -- - - Second Floor Plan 5/4/2010 43 5 -1 -43 Part 04 Project Budget/ Cost Update 5/4/2010 44 5_1.44 Part 04 Project Costs - Per Staff Memo dated January 19, 2010 Project Budget/ Cost Update Component Cost (1/19/10) 2010 Improvements: • South Frontage Road Transit Facility / frontage Road Intersection Improvements (CDOT minimum only - NOT Ultimate Section with Median and Walls): - Revised Concept (Single Lane): ..................................................................................................................................................... ............................... $5.8m • Skier Drop -off Modifications: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ ......................................... _ ............................. - West /n /West Out: ............................................................ ............................._. 0.9m ........................................................................................................................................................................................... ............................... . ........................... __ ....................................... _ ... _ ... _ ... _ ..................................................... . • Auxiliary Building Replacement: ;Revised 2010 Scope: $6.7m - New Design -Replace Auxiliary Building (w /out escalators): ............... ........ ....... ..... ....... ......... $4.2m Total Project Cost (2070): $70.9m 2011 & Beyond (all or phased): • East Mall Plaza Modifications: - Revised Concept: .................................................................................................................................................................................................................. ............................... $3.4 m • Concert Hall Plaza Modifications: - Revised Concept (Snow Melt Sidewalks): ...................................................................................................... ............................... $0.7m Total Project Cost (2017): $4.1 m Total ProjectCost:$15.Om 45 Part 04 Project Costs - Per Staff Memo dated January 19, 2010 Project Budget/ Cost Update Component Component Cost (1/19/10) Cost (5/04/10) 2010 Improvements: • South Frontage Road Transit Facility / frontage Road Intersection Improvements (CDOT minimum only - NOT Ultimate Section with Median and Walls): - Revised Concept (Single Lane): ..................................................................................................................................................... ............................... $5.8m $4.45m • Skier Drop -off Modifications: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ ......................................... _ ............................. - West /n /West Out: ............................................................ ............................._. 0.9m $1.25m ................................................................................................................................................................................................................................ ............................... ............................................................ _ ... _ ... _ ... _ ........................................................................ ....................... .................. .... ......... • A ;Revised 2010 Scope: $6.7m $5.7m Auxiliary Building Replacement: _ ... _ ..... _ ............................... _ ... . ............ _ ....... _ ... .... . ... _ ... _ ................. . ... . ............ _ ... . ... _.. ..... _.................... ................... - New Design -Replace Auxiliary Building (w /out escalators): ............... ............................. $4.2m Total Project Cost (2070): $70.9m 2011 & Beyond (all or phased): • East Mall Plaza Modifications: - Revised Concept: .................................................................................................................................................................................................................. ............................... $3.4 m • Concert Hall Plaza Modifications: - Revised Concept (Snow Melt Sidewalks): ...................................................................................................... ............................... $0.7m Total Project Cost (2017): $4.1 m costs for expanded program Aux. Bldg. not Total Project Cost $ 1 5.U m prepared, pending Town Coun�,�I §cussion 5 -1- 6 Part 05 Next Steps Proposed Next Steps: • 4240 Team to continue through Entitlements process with PEC / DRB / Staff for 2010 & 2011 Improvements — per current Contract. • 4240 Team to come back to Town Council with proposed design (incorporating expanded space program and architectural style) for Auxiliary Building Replacement. • Town to proceed with Final Design, Construction Documents and Construction Phases for 2010 Improvements. Proposed Timeline (2010 Improvements): • With this direction the anticipated timeline (subject to change) for this project will be: • Design Development and Entitlement Process and Approvals - (May) • Construction Documents Prepared - (May -July) • Construction Phase 2010 - (August - December) S4 2010 S -I -17 74 50d 5/4/2010 48 5- 1 -48 MEMORANDUM TO: Town Council FROM: Tom Kassmel, Public Works Department DATE: May 4, 2010 SUBJECT: Lionshead Transit Center Design Development and Entitlements Update I. SUMMARY The Town of Vail and the Vail Reinvestment Authority, are in the process of completing Design Development (DD) and Entitlements for the Lionshead Transit Center Project in response to past planning efforts. The VRA has contracted with the 4240 Architecture Team to complete this design. Since the kick -off with public and stakeholder group charettes on May 20, 2009, the design team has completed the following: • Established the givens, goals and measurable criteria of the project (6/2/09) • Outlined the current conditions, defined study areas, and tested "carrying capacity" of various study areas to accommodate program components. (6/16/09) • Transit analysis determining what transit elements need to fit now and in the future (7/7/09) • Presented 10 Scenarios for review with a recommendation for move 4 forward; Scenario's 1 B, 213, 213/4A Hybrid, 4A (8/4/09) • Presented refined scenarios for 113, 2B, 213/4A Hybrid, 4A. It was recommended that staff refine, phase and scale back the 1 B /2B scenario, to minimize immediate construction costs. (11/17/09) • Presented a more detailed phasing plan, refining the 113/213 Modified scenario and discuss strategies to value engineer the key components of the recommended scenario. (12- 01 -09) • Presented the preferred scenario to move forward to Design Development (DD) and Entitlements Phase. Received approval from Council. (1- 19 -10) • DD contract awarded to 4240 Design Team (2- 16 -10) The purpose of the evening session is to present an update to the Council on the progress of the Design Development Design and Process. Attached is a presentation document prepared by 4240 that summarizes the project progress and current design status. Progress of the project since the kick -off in May 2009 has been tracked on the Town of Vail website at http : / /www.vailgov.com /subpage.asp ?page id =916 . All formal documentation, memos and presentations are available there for your review. II. STAFF RECOMMENDATIONS Review presentation documentation, listen to presentation by the design team and staff, ask questions, provide comment, and affirm direction of the design so the proposed design may continue thru the PEC and DRB process for approval. 5/4/2010 5 -2 -1 M V VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 4, 2010 ITEM /TOPIC: First reading of Ordinance No. 6, Series of 2010, an ordinance repealing and re- enacting Ordinance No. 13, Series of 1986, amending the approved development plan and requirements for site coverage, landscaping, setbacks, and gross residential floor area for Special Development District No. 15, Bishop Park, in accordance with Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the construction of a residential addition (patio enclosure) to the North side of Unit 8, Bishop Park, located at 63 Willow Place/ Lots 1 & 2, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 6, Series of 2010, upon first reading. BACKGROUND: Special Development District No. 15, Bishop Park, was established by Ordinance No. 13, Series of 1986. At that time, the purpose of the SDD was to allow for an increase in development potential while providing the public benefit of financial support for the public streamwalk. Since the establishment of SDD No. 15, there have not been any amendments to the SDD. On April 12, 2010, the Planning and Environmental Commission made a recommendation of approval, with conditions, to the Vail Town Council. ATTACHMENTS: Ordinance No. 6 Memo 050410 Ordinance No. 6 Attach A 050410 Ordinance No. 6 Attach B 050410 5/4/2010 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: May 4, 2010 SUBJECT: First reading of Ordinance No. 6, Series of 2010, an ordinance repealing and reenacting Ordinance No. 13, Series of 1986, to amend the approved development plan and requirements for site coverage, setbacks, and gross residential floor area, in accordance with 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the construction of a residential addition (patio enclosure) to the north side of Unit 8, Bishop Park, located at 63 Willow Place/ Lots 1 & 2, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (PEC100012) Applicant: Douglas and Dhuanne Tansill, represented by K.H. Webb Architects Planner: Rachel Friede I. SUMMARY The applicants, Douglas and Dhuanne Tansill, represented by K.H. Webb Architects, are requesting a first reading of Ordinance No. 6, Series of 2010, which is a major amendment to Special Development District No. 15, Bishop Park. The major amendment increases site coverage, reduces setbacks and amends GRFA (to account for changes in GRFA calculation). The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 6, Series of 2010, upon first reading. For reference, the following are attached: Ordinance No. 6, Series of 2010 (Attachment A) and the Planning and Environmental Commission memorandum dated April 12, 2010 including all attachments except the draft ordinance (Attachment B). II. BACKGROUND On April 12, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions to the Vail Town Council for Ordinance No. 6, Series of 2010, by a vote of 4 -0 -2 (Viele and Paladino recused). The Commission recommended the following conditions: 1. Approval of this major amendment to Special Development District (SDD) No. 15, Bishop Park, shall be contingent upon Town of Vail approval of the related design review application. 2. The applicant shall submit a site plan and landscape plan a minimum of ten (10) days prior to the first reading of the adopting ordinance by the Town Council to be included in the approved development plan of Special Development District No. 15. 3. Prior to the issuance of a temporary or final Certificate of Occupancy for this major amendment to Special Development District (SDD) No. 15, Bishop Park, the applicant shall amend and record the Condominium Map for the Vail Village Plaza Condominiums, 1 5/4/2010 6 -1 -I pursuant to Chapter 13 -6, Condominium and Townhouse Plats, Vail Town Code. 4. Prior to issuance of a building permit, the applicant shall pay a fee -in -lieu for mitigation of employee housing, per Chapter 12 -24, Inclusionary Zoning, Vail Town Code. The total amount shall be determined at the time of building permit issuance. III. ACTION REQUESTED Should the Vail Town Council choose to approve Ordinance No. 6, Series of 2010, on first reading, the Vail Town Council should pass the following motion: "The Vail Town Council approves, with conditions, on first reading, Ordinance No. 6, Series of 2010, an ordinance repealing and re- enacting Ordinance No. 13, Series of 1986, amending and reestablishing the approved development plan and requirements for site coverage, setbacks, and gross residential floor area for special development district No. 15, Bishop Park, in accordance with 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the construction of a residential addition (patio enclosure) to the north side of Unit 8, Bishop Park, located at 63 Willow Place/ Lots 1 & 2, Block 6, Vail Village Filing 1, and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 6, Series of 2010, on first reading, the Planning and Environmental Commission recommends the Vail Town Council approve with the following conditions: 1. "Approval of this major amendment to Special Development District (SDD) No. 15, Bishop Park, shall be contingent upon Town of Vail approval of the related design review application. 2. Prior to the issuance of a temporary or final Certificate of Occupancy for this major amendment to Special Development District (SDD) No. 15, Bishop Park, the applicant shall amend and record the Condominium Map for the Vail Village Plaza Condominiums, pursuant to Chapter 13 -6, Condominium and Townhouse Plats, Vail Town Code. 3. Prior to issuance of a building permit, the applicant shall pay a fee -in -lieu for mitigation of employee housing, per Chapter 12 -24, Inclusionary Zoning, Vail Town Code. The fee shall be determined at the time of building permit issuance." Should the Vail Town Council choose to approve Ordinance No. 6, Series of 2010, on first reading, the Planning and Environmental Commission recommends the Vail Town Council makes the following findings: 1. That the amendment complies with the design criteria, based upon the review outlined in Staffs April 12, 2010, memorandum to the Planning and Environmental Commission; and 2. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon the review outlined in Staffs April 12, 2010, memorandum to the Planning and Environmental Commission; and 3. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, based upon the review outlined in Staffs April 12, 2010, memorandum to the Planning and Environmental Commission; and 2 5/4/2010 6 -1 -2 4. That the amendment does promote the health, safety, morals, and general welfare of the Town, and does promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon the review outlined in StalTs April 12, 2010, memorandum to the Planning and Environmental Commission. VII. ATTACHMENTS A. Ordinance No. 6, Series of 2010 B. PEC memo dated April 12, 2010 3 5/4/2010 6 -1 -3 Attachment A ORDINANCE NO. 6 SERIES OF 2010 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 13, SERIES OF 1986, TO AMEND THE APPROVED DEVELOPMENT PLAN AND REQUIREMENTS FOR SITE COVERAGE, SETBACKS, AND GROSS RESIDENTIAL FLOOR AREA, IN ACCORDANCE WITH 12- 9A -10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONSTRUCTION OF A RESIDENTIAL ADDITION (PATIO ENCLOSURE) TO THE NORTH SIDE OF UNIT 8, BISHOP PARK, LOCATED AT 63 WILLOW PLACE/ LOTS 1 & 2, BLOCK 6, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Section 12 -9A -10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, the purpose of this ordinance is to amend and re- establish Ordinance No. 13, Series of 1986, to amend the Approved Development Plan and development parameters, to allow for the construction of a proposed addition (patio enclosure); and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on April 12, 2010 on the major amendment application and has submitted its recommendation of approval, with conditions, to the Vail Town Council by a vote of 4 -0 -2 (Viele and Paladino recused); and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend Special Development District No. 15, Bishop Park. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 6, Series of 2010 5/4/20101 6 -2 -1 Section 1. Purpose of the Ordinance Ordinance No. 13, Series of 1986, is hereby repealed and re- enacted by Ordinance No. 6, Series of 2010. Section 2. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Article 12 -9A of the Vail Town Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the Development Plan for Special Development District No. 15, Bishop Park. Section 3. Special Development District No. 15 Special Development District No. 15 (SDD 15) and the development plan therefore, are hereby approved as amended for the development of Lots 1 and 2, Block 6, Vail Village First Filing, within the Town of Vail, consisting of 0.7133 acres. Section 4. Ordinance No. 13, Series of 1986, is hereby repealed and reenacted so that the language of Special Development District No. 15, Bishop Park, shall read as follows (additions except rearrangement of language are shown in bold underline and deletions except rearrangement of language are shown in bod c+riketh ugh Purpose Special Development District No. 15 (SDD 15) was established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail and to promote the upgrading and redevelopment of a property within the Town. The development is regarded as complementary to the Town by the Town Council and meets all design standards as set forth in the Vail Town Code. There are significant aspects of Special Development District 15 which cannot be satisfied through the imposition of the standards in the High Density Multiple Family (HDMF) District. SDD 15 is compatible with the upgrading and redevelopment of the community while maintaining its unique character Established Ordinance No. 6, Series of 2010 5/4/20102 6 -2 -2 Special Development District No. 15 (SDD 15) and the development plan therefore, are hereby approved as amended for the development of Lots 1 and 2, Block 6, Vail Village First Filing, within the Town of Vail, consisting of 0.7133 acres. Amendments Any amendments to SDD 15 shall follow the procedures and regulations outlined in Article 12 -9A, Vail Town Code. Permitted, Conditional and Accessory Uses Permitted, conditional and accessory uses shall be set forth in the High Density Multiple Family District, per Article 12 -6H, Vail Town Code. Density - Dwelling Units The number of dwelling units shall not exceed twelve (12) dwelling units, including one (1) employee housing unit on -site. Density - Gross Residential Floor Area Since the adoption of Ordinance No. 13, Series of 1986, the method of calculation of Gross Residential Floor Area (GRFA) has been amended and numerous "250 Additions" have been constructed. The total allowable GRFA on -site is 26,669 27,574 square feet. Development Plans The approved development plan shall be included as Exhibit A upon second reading of Ordinance No. 6, Series of 2010. The development plan for SDD 15 is approved and shall constitute the plan for development within the special development district. The development plan is comprised of certain plans adopted by Ordinance No. 13, Series of 1986 as well as amended plans. The following plans were adopted by Ordinance No. 13, Series of 1986, and were submitted by Gordon Pierce, AIA, Architects and Berridge Associates, Inc., Landscaping Architects: 1. Elevations and sections by Gordon R. Pierce dated March 17, 1986 2. Preliminary landscape plan by Berridge Associates, Inc. dated March 17, 1986 Ordinance No. 6, Series of 2010 5/4/20103 6 -2 -3 Amended development plans submitted by K.H. Webb Architects, adopted by Ordinance No. 6, Series of 2010, are as follows: 1. Site plan by K.H. Webb dated February 8, 2010 2. Floor plans by K.H. Webb dated February 8, 2010 Development Standards The development standards set out herein are approved by the Town Council. The development standards represent the existing structures within Bishop Park as of April 8, 2010, plus the amendments from Ordinance No. 6, Series of 2010. Setbacks Setbacks are as built on the site plan adopted as part of the development plans. Height Maximum height shall be no greater than as shown on the- development pl ans. 44 feet. Site Coverage Site coverage shall hp a shal..n an the Qev°'�Te; t plans not exceed 66% of the total site area. Landscaping Landscaping shall be as shown on the'' e ve l opment p a minimum of 56% of total site (with up to 20% hardscape counting towards landscaping requirement). Parking and Loading The minimum parking requirement is 29 underground parking spaces and 4 surface spaces for loading and delivery. Recreation Amenities Tax Assessed The recreational amenities tax shall be assessed for any additions at the time of issuance of building permit for the current rate set by the Town of Vail. Ordinance No. 6, Series of 2010 5/4/20104 6 -2 -4 Use Restriction Related to the Employee Housing Unit (formerly referred to as Manager's Unit) The employee housing unit, Unit No. 12, shall be restricted to employee housing as per Chapter 12 -13, Employee Housing, Vail Town Code. Additional Amenities and Approval Agreements for Special Development District No. 15. A. At the time of adoption of Ordinance No. 13, Series of 1986, the applicant, or his successor in interest, agreed to contribute $4,900 toward the construction of a bike pathway from Vail Road to Willow Bridge Road in the form of an unconditional letter of credit from a financial institution and in a form acceptable to the Town Attorney. A letter of credit was provided but per the provisions in Ordinance No. 13, Series of 1986, the funds were released because construction of the bike pathway was not commenced within five (5) years of adoption. B. Upon issuance of a building permit for the additions proposed within Ordinance No. 6, Series of 2010, the applicant shall pay a fee - in -lieu for mitigation of employee housing for 22.1 square feet, per the adopted fee schedule established by the Vail Town Council. Time Requirements SDD No. 15 shall be governed by the procedures outlined in Article 12 -9A of the Town of Vail Municipal Code. Should the addition proposed as part of the major amendment within Ordinance No. 6, Series of 2010 not commence within three years of the adoption of Ordinance No. 6, Series of 2010, Ordinance No. 6, Series of 2010 will be void, thus reinstating Ordinance No. 13, Series of 1986. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, Ordinance No. 6, Series of 2010 5/4/20105 6 -2 -5 regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4 th day of May, 2010, and a public hearing for second reading of this Ordinance set for the 18 day of May, 2010, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 6, Series of 2010 5/4/20106 6 -2 -6 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 12, 2010 SUBJECT: A request for a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 15, Bishop Park, pursuant to Article 12 -9A, Special Development District, Vail Town Code, to allow for an increase in site coverage, a reduction of the rear setback, and a reduction in landscaping, located at 63 Willow Place /Lots 1 & 2, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (PEC100012) Applicant: Douglas and Dhuanne Tansill, represented by K.H. Webb Architects Planner: Rachel Friede I. SUMMARY The applicants, Douglas and Dhuanne Tansill, represented by K.H. Webb Architects, are proposing a major amendment to Special Development District No. 15, Bishop Park, that will increase site coverage, reduce the rear setback and reduce landscaping. The proposed major amendment will accommodate an addition to the north side of Unit 8 on the lower level and first floor. Staff is recommending approval, with conditions, of the applicant's proposal, based on the criteria established in Section VII of this memorandum. For reference, the following documents are attached: Vicinity Map (Attachment A), Draft Ordinance (Attachment B), Ordinance No. 13, Series of 1986 (Attachment C), the Applicant's Request (Attachment D), architectural plans (Attachment E), a photograph of Unit 8 (Attachment F) and a rendering of the south side of Unit 8 (Attachment G). H. DESCRIPTION OF THE REQUEST The applicant is requesting a major amendment to Special Development District No. 15, Bishop Park. The request includes: • Addition of 172 square feet to site coverage • Reduction of 172 square feet in landscaping (existing landscaping is an at -grade patio that counts as hardscape) • Reduction of the rear setback from 12 feet to 5.5 feet The applicant is requesting the major amendment to accommodate an addition of 221 square feet in total to Unit 8. The addition is being proposed on the north side of the building, infilling an existing at -grade patio with 172 square feet of GRFA, and also includes a 49 square foot addition of space that is currently part of the internal parking structure. This addition is considered a 250 Addition and does not require an amendment to the GRFA requirements of the Special Development District. No additional parking is proposed, and is not required. The applicant is required to pay a fee -in -lieu for mitigation of employee housing. With a 221 square foot addition of GRFA, the applicant shall provide payment at the time of building permit issuance for the current 5/4/2010 6 -3 -1 fee set for 22.1 square feet. No other mitigation of development impacts is proposed by the applicant or recommended by Staff. III. BACKGROUND Special Development District No. 15, Bishop Park, was established by Ordinance No. 13, Series of 1986. At that time, the purpose of the SDD was to allow for an increase in development potential while providing the public benefit of financial support for the public streamwalk. Since the establishment of SDD No. 15, there have not been any amendments to the SDD. IV. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Gore Creek Outdoor Recreation South: Residential High Density Multiple Family East: Bishop Park Outdoor Recreation West: Residential Two - Family Primary /Secondary V. ZONING ANALYSIS Legal Description: Lots 1 & 2, Block 6, Vail Village Filing 1 Zoning: SDD No. 15, High Density Multiple Family (HDMF) District Lot Size: 0.7133 acres/ 31,071 square feet Development Allowed Allowed Proposed Net Change Standard HDMF District SDD No.15 Dwelling Units /Acre 25 units /acre 11 DU 11 DU No Change 17 units 1 EHU 1 EHU GRFA 76% of buildable 21,482 sq ft 250 Addition No Change to 23,613 sq ft +221 sq ft SDD language Site Coverage (max) 55% total site/ Existing: 64.7% 65.3% +172 sq ft 17,089 sq ft 20,113 sq ft 20,285 sq ft Landscaping (min) 30% total site/ 56% total site 56% total site -172 sq ft 9,321 sq ft 14,490 softscape 14,490 softscape hardscape 5,453 hardscape* 5,281 hardscape No change to 17,388 sq ft total 17,388 sq ft total ** total landscaping Front Setback 20 ft As built varies No Change No Change Side Setback 20 ft As built (varies) No Change No Change Rear Setback (at 20 ft 5.3 - 20 ft (varies) 5.5 — 9.5 ft -0.2 — 10.5 ft Unit 8 Required Parking 26 spaces 29 underground 29 underground No Change (min) 4 surface 4 surface Height (max) Sloping 48 ft As built No Change No Change Flat 45 ft * Hardscape can only count for up to 20% of total landscaping. 2,898 sq ft of hardscape counts towards landscaping * *Because hardscape counts for up to 20% of total landscaping, there is no change to the total landscaping. 5/4/2010 6 -3 -2 VI. APPLICABLE PLANNING DOCUMENTS Vail Land Use Plan (in part) 1.0 General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5.0 Residential 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. Vail Village Master Plan (in part) GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITYAND IDENTITY. Objective 1.1: Implement a consistent development review process to reinforce the character of the Village. Policy 1.1.1: Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1.2.1: Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Policy 1.2.2: Development and improvement projects shall be coordinated to minimize the unintended negative consequences associated with construction activity in a pedestrianized, commercial area. For instance, the noise abatement, project completion guarantees, temporary parking, traffic control, etc. 5/4/2010 6 -3 -3 WILLOW CIRCLE SUB -AREA ( #2) Although immediately adjacent to the mixed use developments found in the Commercial Core and Mixed Use sub - areas, the willow circle sub -area has retained an exclusively residential character. Condominium developments have occurred on all but one of the sub - area's parcels and many of these properties are actively "short- termed" to overnight guests. In most cases, parking has been provided in underground structures. This design feature, coupled with the Town -owned open space (Willow Circle Park), contributes to the pleasing appearance of this area. In most cases, the levels of development -= throughout this sub -area greatly exceed what is allowed under existing zoning (High Density Multi- Family). Gross residential floor area ratios (GRFAR) range from .6 to 1.3, with an S t w r eooa6 ' average of 1.01. With the exception of one parcel, all properties within this sub -area are, . . developed at, or over, their permitted levels of r j � war development. As such, there is little development potential left in this sub -area. Residential uses dominate this sub -area and "`— - are proposed to continue with the exception of .. one potential commercial space at the east end of the sub -area facing Willow Bridge Road. This concept is discussed further under Sub -Area 2.2. #1 -9 Study Area: Village Streamwalk Study of a walking only path along Gore Creek between the Covered Bridge and Vail Road, connecting to existing streamwalk, further enhancing the pedestrian network throughout the Village and providing public access to the creek. specific design and location of walkway shall be sensitive to adjacent uses and the creek environment. (Reference the Vail Recreational Trails Plan for additional information on this trail). Special emphasis on 3.4, 4.2. Title 12, Vail Zoning Regulations, Vail Town Code Chapter 12 -1, Title, Purpose And Applicability (in part) Section 12 -1 -2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 5/4/2010 6 -3 -4 4. To promote adequate and appropriately located off - street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. ARTICLE 12 -9A: SPECIAL DEVELOPMENT (SDD) DISTRICT (in part) 12 -9A -1: PURPOSE: The purpose of the Special Development District is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. The Special Development District does not apply to and is not available in the following zone districts: Hillside Residential, Single- Family, Duplex, Primary /Secondary. The elements of the development plan shall be as outlined in Section 12 -9A -6 of this Article. 12 -9A -9: DEVELOPMENT STANDARDS: Development standards including lot area, site dimensions, setbacks, height, density control, site coverages, landscaping and parking shall be determined by the Town Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in Section 12- 9A-8 of this Article. 12- 9A -10: AMENDMENT PROCEDURES: A. Minor Amendments: 1. Minor modifications consistent with the design criteria outlined in subsection 12 -9A -2 (definition of "minor amendment') of this Article, may be approved by the Department of Community Development. All minor modifications shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the 5/4/2010 6 -3 -5 Department of Community Development. 2. Notification of a proposed minor amendment, and a report of staff action of said request, shall be provided to all property owners within or adjacent to the special development district that may be affected by the amendment. Affected properties shall be as determined by the Department of Community Development. Notifications shall be postmarked no later than five (5) days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the Planning and Environmental Commission will be informed of the staff decision. In all cases the report to the Planning and Environmental Commission shall be made within twenty (20) days from the date of the staffs decision on the requested amendment. 3. Appeals of staff decisions may be filed by adjacent property owners, owners of property within the special development district, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in Section 12 -3 -3 of this Title. B. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in Section 12 -9A -4 of this Article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the Department of Community Development). Notification procedures shall be as outlined in subsection 12 -3 -6C of this Title. VII. REVIEW CRITERIA The Vail Town Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The Willow Circle neighborhood has similar multiple family condominium buildings to the Bishop Park SDD. Staff believes the patio infill does not create the perception of new bulk and mass and does not affect the character or visual 5/4/2010 6 -3 -6 integrity of the building. The proposed addition is located adjacent to Gore Creek, which serves as a buffer to adjacent buildings. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Staff believes the current uses, activity and density provide a compatible relationship with surrounding uses, which are similar in nature. Because uses and density (dwelling units per acre) are not changing, this proposal continues that compatibility. C. Compliance with parking and loading requirements as outlined in Chapter 12 -10, Vail Town Code. Staff believes the proposal is in compliance with the parking requirements of the Vail Town Code. According to Chapter 12 -10, Vail Town Code, units between 500 and 2,000 square feet of GRFA require 2 parking spaces, and units over 2,000 square feet require 2.5 spaces. Based on this calculation, with 4 units requiring 2 spaces, and 8 units requiring 2.5 spaces, the total required parking spaces is 26 spaces. The property has 33 spaces. Unit 8 only requires 2 spaces and this addition would not shift their parking requirement to 2.5 spaces. D. Conformity with the applicable elements of the Vail Comprehensive Plan and Town policies. Staff believes that this application conforms with the applicable elements of the Vail Comprehensive Plan. Specifically, it meets the Vail Village Master Plans' "Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities" In the sub area plan for the Willow Circle area in the Vail Village Master Plan, there is mention of the over development of this area. The plan also attributes the pleasant character of this neighborhood to underground parking and open space. The application continues to conform to these concepts. E. Identification and mitigation of natural and /or geologic hazards that affect the property on which the special development district is proposed. SDD No. 15 is located along Gore Creek, but development remains outside of the floodplain and stream setback. No other hazards are located in the vicinity. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposal calls for a decrease in landscaping, but only because the at -grade patio counts as hardscape, which can be up to 20% of total landscaping. However, Staff does not believe that this proposal will adversely effect the natural vegetation located adjacent to the property. G. A circulation system designed for both vehicles and pedestrians addressing on and off -site traffic circulation. Staff believes this proposal does not adversely effect on -site or off -site traffic circulation. While a portion of the existing garage is proposed to be converted to 5/4/2010 6 -3 -7 GRFA, this will have no impact on the function of the garage. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Staff believes the reduction of at -grade patio adjacent to open space will not have negative impacts on the adjacent natural features, views and functions. There is mature vegetation throughout the property and adjacent to Gore Creek that will screen the addition from view across the creek. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Staff does not believe this criterion is relevant to this application as the proposal will only affect a portion of this project and does not require any further phasing or subdividing. VIII. STAFF RECOMMENDATION Staff recommends the Planning and Environmental Commission forward a recommendation of approval, with conditions, to the Vail Town Council for the applicant's request of a major amendment to Special Development District No. 15, Bishop Park, pursuant to Article 12 -9A, Special Development District, Vail Town Code, to allow for an increase in site coverage, a reduction of the rear setback, and a reduction in landscaping, located at 63 Willow Place /Lots 1 & 2, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation for approval, with conditions, for this major amendment to a special development district, the Department of Community Development recommends the Commission pass the following motion: 'Based upon the review of the criteria described in Section VII of the Staff memorandum to the Planning and Environmental Commission dated April 12, 2010, and evidence and testimony presented at this hearing, the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council for the applicant's request of a major amendment to Special Development District No. 15, Bishop Park, pursuant to Article 12 -9A, Special Development District, Vail Town Code, to allow for an increase in site coverage, a reduction of the rear setback, and a reduction in landscaping, located at 63 Willow Place /Lots 1 & 2, Block 6, Vail Village Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation for approval, with conditions, for this major amendment to a special development district, the Community Development Department recommends the Commission pass the following conditions: 1. Approval of this major amendment to Special Development District (SDD) No. 15, Bishop Park, shall be contingent upon Town of Vail approval of the 5/4/2010 6 -3 -8 related design review application. 2. The applicant shall submit a site plan and landscape plan a minimum of ten (10) days prior to the first reading of the adopting ordinance by the Town Council to be included in the approved development plan of Special Development District No. 15. 3. Prior to the issuance of a temporary or final Certificate of Occupancy for this major amendment to Special Development District (SDD) No. 15, Bishop Park, the applicant shall amend and record the Condominium Map for the Vail Village Plaza Condominiums, pursuant to Chapter 13 -6, Condominium and Townhouse Plats, Vail Town Code. 4. Prior to issuance of a building permit, the applicant shall pay a fee -in -lieu for mitigation of employee housing, per Chapter 12 -24, Inclusionary Zoning, Vail Town Code. The fee shall be determined at the time of building permit issuance. " Should the Planning and Environmental Commission forward a recommendation of approval of this application, the Community Development Department recommends the Planning and Environmental Commission makes the following findings: 'Based upon the review of the criteria outlined in Section VII of this Staff memorandum to the Planning and Environmental Commission dated April 12, 2010, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the proposed major amendment to Special Development District No. 15, Bishop Park, complies with the nine design criteria outlined in Section 12 -9A- 8, Vail Town Code. 2. That the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. 3. That the request is consistent with the development goals and objectives of the Town." IX. ATTACHMENTS A. Vicinity Map B. Draft Ordinance C. Applicant's Request D. Architectural Plans E. Photograph of Unit 8 F. Rendering of Unit 8 5/4/2010 6 -3 -9 Attachment A Bishop Park Condos Lot 9, Block 6, Vail Village Filing 9 (63 Willow Place) Subject Site I 17 413 X163 � 63 123 C. Land Use Village Master Plan 14 Low Density Residential A `•,\ •44 74 Medium Density Residential 1 Q0 y , 1 114 Ski Base 17 t 413 122 /- 20 ,> 413 t ,r Zoning commercial core 1 (cc1) commercial core 2 (CC2) �+ r Two-Family Primary /Secondary Residential (PS) 4 - High Density Multiple Family (HDMF) Public Accommodation (PA) _ Outdoor Recreation (OR) - Natural Area Preservation ("NAP) 14 Ski Base Recreation 2 (SBR -2) General Use (GU) 1oa SDD 40 Special Development Districts e C Feet Thlsmapwescreatetlbythe T, —oi5�g 2,R,10� fthi mep,hould beforgeera nl pu nform anon rpi, —i,nIV The TO not ail tloes no arra the eca racy Oi he i— hinetlherein JQ 10� (where shown, parcelline work is approximaleJ J0 Last Mod ified.Apn 6.2010 p{�, 5'. � x .' Attachment C ORDINANCE NO. 13 Series of 1986 AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT DISTRICT (KNOWN AS SDD NO. 15) AND THE DEVELOPMENT PLAN IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special development districts within the Town; and WHEREAS, Ira C. Rothgerber, Jr. and the M.B. Trust have submitted an application for special development approval for a certain parcel of property within the Town known as Lots 1 and 2, Block 6, Vail Village 1st Filing, to be known as Special Development District 15; and WHEREAS, the establishment of the requested SDD 15 will insure unified and coordinated development within the Town of Vail in a manner suitable for the area in which it is situated; and WHEREAS, the Planning and Environmental Commission has recommended approval of the proposed SDD; and WHEREAS, the Town Council considers that it is reasonable, appropriate and beneficial to the Town and its citizens, inhabitants and visitors to establish said Special Development District No. 15; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE "TOWN'OF "VAIL, COLORADO THAT: Section 1. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed development plan for SDD 15. 5/4/2010 6 -3- 11 Section 2. Special Development District 15 Special Development District 15 (SDD 15) and the development plan therefore, are hereby approved for the development of Lots 1 and 2, Block 6, Vail Village First Filing, within the Town of Vail, consisting of 0.7133 acres. Section 3. Purpose Special Development District 15 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail and to promote the upgrading and redevelopment of a property within the Town. The development is regarded as complementary to the Town by the Town Council and meets all design standards as set forth in Section 18.40 of the Municipal Code. As stated in the staff memorandum dated • April 14, 1986, there are significant aspects of Special Development District 15 which cannot be satisfied through the imposition of the standards in the High Density Multiple Family zone district. SDD 15 is compatible with the upgrading and redevelopment of the community while maintaining its unique character. Section 4. Development Plan A. The development plan for SDD 15 is approved and shall constitute the plan for development within the special development district. The development plan is comprised of those plans submitted by Gordon Pierce, A.I.A., Architects and Berridge Associates, Inc., Landscape Architects and consists of the following documents: 1. Site plan by Gordon R. Pierce dated May 6, 1986 2. Preliminary landscape plan by Berridge Associates, Inc. dated March 17, 1986 3. Typical floor plans by Gordon R. Pierce dated March 17, 1986 4. Elevations and sections by Gordon R. Pierce dated March 17, 1986 5. Environmental Assessment and other submittal documents. B. The Development Plan shall adhere to the following: Setbacks Setbacks shall be noted as on the site plan listed above. Heig t Heights of structures shall be as indicated on the elevations listed above. -2- 5/4/2010 6 -3 -12 Coverage Site coverage shall be an indicated on the site plan listed above. Landscaping The area of the site to be landscaped shall be as indicated on the preliminary landscape plan. A detailed landscape plan shall be submitted to the Design Review Board for their approval. The DRB- approved final landscape plan shall represent the landscaping requirements. Parking and Loadin Parking and loading shall be provided as indicated on the site plan and floor plans as listed above. In no case shall the parking provided on site be less than 29 spaces underground with 4 surface spaces provided for loading and delivery. Section 5. Density Approval of this development plan shall permit twelve (12) dwelling units, including one manager's unit, consisting of 21,482 square feet of gross residential floor area. As detailed on floor plans and elevations submitted by Gordon R. Pierce, dated March 17, 1986, the gross floor area as approved consists of 26,699 square feet. Section 6. Uses Permitted, conditional and accessory uses shall be as set forth in the High Density Multiple Family zone district. Section 7. Use Restrictions Related to the Manager's Unit The manager's unit, unit no. 12, shall be restricted to employee housing as per Section 18.13.080 B.10 a -d of the Town of Vail Municipal Code. Section 8. Amendments Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.060. Amendments which do change the substance of the development plan shall be required to be approved by Town Council after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development plan. -3- 5/4/2010 6 -3- 13 Section 9. Expiration The applicant must begin construction of the special development district within 18 months from the time of its final approval, and continue diligently toward the completion of the project. If the applicant does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed by the preceding subsection, the Planning and Environmental Commission shall review the special development district. They shall recommend to the Town Council that either the approval of the special development district be extended, that the approval of the special development district be revoked, or that the special development district be amended. Section 10 Conditions of Approvals for Special Development District 15 The applicant, or his successor in interest, agrees to contribute $4,900 toward the construction of a bike pathway from Vail Road to Willow Bridge Road in the form of an unconditional letter of credit from a financial institution and in a form acceptable to the Town Attorney. No building permit shall be issued for the construction of any improvements for Special Development District 15 until such letter of credit has been filed with the Town. Said letter of credit shall be released and the applicant's obligation to contribute said funds shall terminate if construction is not commenced on the bike pathway within five (5) years from the date hereof. Section 11. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 12. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. _4_ 5/4/2010 6 -3- 14 Section 13. The repeal or the repeal and reenactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS 6th DAY OF May 1986, and a public hearing shall be held on this ordinance on the 6th day of May , 1986 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building in Vail, Colorado. Ordered published in full this 6th day of .Ma 1986. i Paul R. Jo,K ston, Mayor TTE T r Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED ' in full this 17th day of �— , 1986. Paul R. Jq� Zon, Mayor ATTEST 6 ",rjw y j;4 � Pamela A. Brandmeyer, Town Clerk -5- 5/4/2010 6 -3- 15 03.15.10 Bishop Park Unit 8 Addition Vail Yllage We are proposing an addition of 221 square feet to Unit 8 in Bishop Park 172 square feet of the addition will be infiiling an existing deck on the creek side of the property at grade level. This spate will be used for a new bedroom, and will be in line with the existing design aesthetics and standards. All materials and windows will match the existing elements as closely as possible. There will also be an addition of 49 square feet in the form of a storage unit located next to the entrance to the unit at the parking garage level. This addition will only be visible from the underground parking garage. The Planning Staff as a whole determined that the decrease in established setbacks (the building footprint as built being the setback) would put this application in the Major amendment to SDD category. Regards: Kyle Webb, Alk K.h. Webb Architects lid v �1 4 3 110 WEST tIOHSHEAG CIRCLE, SUITE A TAIL COIOKAOO 91657 910.411.2990 910 477 296S(E) www.khwrhb.com 5/4/2010 6Ek of fuf AJ, f4lfAN ! ^I5 ft of .A sr x,rrizS 6 -3 -16 0651 lit I 15919 MUM) `1Nd I 1 ANN - 11311) 01 WOU 1s1M 011 OOtl8010) 'A1N00] ilm 19VAA 11VA IlVld M0111M B 9 d S 8 ) l y) J O ' NOIIIGGV `0 IINn g q a M q HBtld dOHS19 1) 0 0 O F Lri L " = Z 'D� <� - e > s _ r Z r w o o i a u b � 0 w Q u moo- ❑u x_NM,M 1) 0 °o 5 �O U , ° o z U a1) < < << < a ¢ �� �10 w >� C 2 UPI O � P U J u Q Z U J w C W m 77 cr 6 CL r z w t nu M HIV Q F� E ¢ ? >� U N LU p Z J ¢� O r mp�m�' a 3 ,¢� Z. 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J a u z i .2 W W z 03 W _ z _ F W — 1) p t sa J 2 ur i W OC tt I t 5/4/2010 6 -3 -24 t a i 1 Attachment F �- ,� !� I 46 � r 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 4, 2010 ITEM /TOPIC: First Reading of Ordinance No. 7, Series of 2010, an ordinance repealing and re- enacting Ordinance No. 12, Series of 2003, amending and reestablishing the approved development plan and density control requirements for Special Development District No. 37, Tivoli Lodge, in accordance with Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the conversion of meeting space to an accommodation unit at the Tivoli Lodge, located at located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5th Filing, and setting forth details in regard thereto. PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 7, Series of 2010, upon first reading. BACKGROUND: On April 26, 2010, the Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for Ordinance No. 7, Series of 2010, by a vote of X. ATTACHMENTS: Ordinance No. 7 Memo 050410 Ordinance No. 7 Attach A 050410 Ordinance No. 7 Attach A Exhibit A 050410 Ordinance No. 7 Attach B 050410 5/4/2010 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: May 4, 2010 SUBJECT: First Reading of Ordinance No. 7, Series of 2010, an ordinance repealing and re- enacting Ordinance No. 12, Series of 2003, amending and reestablishing the approved development plan and density control requirements for Special Development District No. 37, Tivoli Lodge, in accordance with Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the conversion of meeting space to an accommodation unit at the Tivoli Lodge, located at located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5 th Filing, and setting forth details in regard thereto. (PEC100013) Applicant: Robert Lazier Planner: Rachel Friede I. SUMMARY The applicant, Robert Lazier, is requesting first reading of Ordinance No. 7, Series of 2010, which will allow for a major amendment to Special Development District No. 37, Tivoli Lodge, to allow for a conversion of unfinished meeting room space to an accommodation unit (hotel room). The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 7, Series of 2010, upon first reading. For reference, the following are attached: Ordinance No. 7, Series of 2010 (Attachment A) and the Planning and Environmental Commission memorandum dated April 26, 2010 including all attachments except the draft ordinance (Attachment B). II. BACKGROUND On April 26, 2010, the Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for Ordinance No. 7, Series of 2010, by a vote of X. III. ACTION REQUESTED Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2010, on first reading, the Vail Town Council should pass the following motion: "The Vail Town Council approves on first reading, Ordinance No. 7, Series of 2010, an ordinance repealing and re- enacting Ordinance No. 12, Series of 2003, amending and reestablishing the approved development plan and density control requirements for Special Development District No. 37, Tivoli Lodge, in accordance with Section 12 -9A- 10, Amendment Procedures, Vail Town Code, to allow for the conversion of meeting space to an accommodation unit at the Tivoli lodge, located at located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5 th Filing, and setting forth details in regard thereto. " 1 5/4/2010 7 -1 -I Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2010, on first reading, the Planning and Environmental Commission recommends the Vail Town Council makes the following findings: 1. "That the amendment complies with the design criteria, based upon the review outlined in StalTs April 26, 2010, memorandum to the Planning and Environmental Commission; and 2. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon the review outlined in StalTs April 26, 2010, memorandum to the Planning and Environmental Commission; and 3. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, based upon the review outlined in StalTs April 12, 2010, memorandum to the Planning and Environmental Commission; and 4. That the amendment does promote the health, safety, morals, and general welfare of the Town, and does promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon the review outlined in StalTs April 26, 2010, memorandum to the Planning and Environmental Commission. " VII. ATTACHMENTS A. Ordinance No. 7, Series of 2010 B. PEC memo dated April 26, 2010 2 5/4/2010 7 -1 -2 Attachment A ORDINANCE NO. 7 SERIES OF 2010 AN ORDINANCE REPEALING AND RE- ENACTING ORDINANCE NO. 12, SERIES OF 2003, AMENDING AND REESTABLISHING THE APPROVED DEVELOPMENT PLAN AND DENSITY CONTROL REQUIREMENTS FOR SPECIAL DEVELOPMENT DISTRICT NO. 37, TIVOLI LODGE, IN ACCORDANCE WITH SECTION 12- 9A -10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONVERSION OF MEETING SPACE TO AN ACCOMODATION UNIT AT THE TIVOLI LODGE, LOCATED AT LOCATED AT 386 HANSON RANCH ROAD/ LOT E, BLOCK 2, VAIL VILLAGE 5 FILING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Ordinance No. 12, Series of 2003 established Special Development District No. 37, Tivoli Lodge, per the approved development plan submitted by Robert and Diane Lazier; and WHEREAS, Section 12 -9A -10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, the purpose of this ordinance is to amend and re- establish Ordinance No. 12, Series of 2003, to amend the Approved Development Plan and density control requirements, to allow for the conversion of meeting space to an additional accommodation unit; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on April 26, 2010 on the major amendment application and has submitted its recommendation of approval to the Vail Town Council by a vote of 6 -0 -0; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend Special Development District No. 37, Tivoli Lodge. Ordinance No. 7, Series of 2010 5/4/20101 7 -2 -1 Attachment A NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance Ordinance No. 12, Series of 2003, is hereby repealed and re- enacted by Ordinance No. 7, Series of 2010. Section 2. Amendment Procedures Fulfilled, Planning Commission Report The approval procedures described in Article 12 -9A of the Vail Town Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the Development Plan and density control requirements for Special Development District No. 37, Tivoli Lodge. Section 3. Ordinance No. 12, Series of 2003 is hereby repealed and re- enacted so that Special Development District No. 37, Tivoli Lodge, reads as follows (additions except rearrangement of language are shown in bold underline and deletions except rearrangement of language are shown in hair! guiWothrough Section 1. Special Development District No. 37 Established Special Development District No. 37, Tivoli Lodge, is established for development on two parcels of land, legally described as Lot E, Block 2, Vail Village 5'h Filing, and Lot 3, First Amendment, Vail Village 5th Filing, which comprise a total of 22,760 square feet (0.5225 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 37 ". Special Development District No 37 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 37, Tivoli Lodge, shall be Public Accommodation (PA) District (Lot E, Block 2, Vail Village 5'h Filing) and Parking (P) District (Lot 3, First Amendment, Vail Village 5th Filing). Section 2. Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development Ordinance No. 7, Series of 2010 5/4/20102 7 -2 -2 Attachment A District No. 37, Tivoli Lodge, complies with each of the requirements set forth in Sections 12 -9A -5 and 12 -9A -6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 37, Tivoli Lodge, shall be comprised of materials submitted in accordance with Section 12 -9A -5 of the Town Code of Vail and those plans prepared by Resort Design Associates International, entitled "Tivoli Lodge Approved Development Plan Office Copy, dated May 15, 2003." Amendments made by Ordinance No. 7, Series of 2010 are outlined in the plan prepared by Reslock and Sullivan, LLC entitled "Tivoli Lodge Page A2.0 dated as revised on Feburary 8, 2010" which are shown in Exhibit A of Ordinance No. 7, Series of 2010. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 37, Tivoli Lodge. The development standards for Special Development District No. 37, Tivoli Lodge are described below: A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 37, Tivoli Lodge, shall be those uses listed in Sections 12 -7A -2, 12 -7A -3, and 12 -7A -4 of the Town Code of Vail, as may be amended. B. Lot Area: The minimum lot area for Special Development District No. 37, Tivoli Lodge, shall be 22,760 square feet (0.5.225 acres). C. Setbacks: The minimum setbacks for Special Development District No. 37, Tivoli Lodge, shall be as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 37, Tivoli Lodge shall be fifty -six feet (56'), and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 37, Tivoli Lodge, shall be "=, -919.0 27,901.5 square feet and the maximum allowable density shall be Ordinance No. 7, Series of 2010 5/4/20103 7 -2 -3 Attachment A one (1) dwelling unit, sixty 944 sixty -two (62) accommodation units, and one (1) Type III Employee Housing Unit, and as indicated on the Tivoli Lodge Approved Development Plan, dated May 15, 2003. Said Gross Residential Floor Area (GRFA) shall be allocated as follows: a. Accommodation Units (61)23,569 (62): 24,451 square feet b. Dwelling Unit (1): 3,000.5 square feet c. Type III Employee Housing Unit (1): 450.0 square feet F. Site Coverage: The maximum allowable site coverage shall be sixty -three percent (63 %) of the total lot area, and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least thirty percent (30 %) or 5,312 square feet of the total lot area shall be landscaped. In no instance shall the hardscaped areas of the development site exceed twenty percent (20 %) of the minimum landscaped area. The landscaping and site development shall be as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. H. Parking and Loading: The minimum number of off - street parking spaces shall be forty (40) and the minimum number of loading and delivery bays shall be one (1), and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. Section 4. Conditions of Approval The conditions of approval required as part of Ordinance No. 12, Series of 2010, have been met. Specifically, the condition that the Developer provides deed - restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12 -13) for a minimum of one (1) employee on the Tivoli Lodge development site, and that said deed - restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Tivoli Lodge were met. The required deed - restricted employee housing units shall not be eligible for resale and the units shall be owned and operated by the hotel and said ownership shall transfer with the deed to Ordinance No. 7, Series of 2010 5/4/20104 7 -2 -4 Attachment A the hotel property. No other conditions shall be required as part of the amendments within Ordinance No. 7, Series of 2010. Section 5. Amendments Any amendments to Special Development District No. 37 shall follow the procedures and regulations outlined in Article 12 -9A, Vail Town Code. Section 6. Time Requirements SDD No. 37 shall be governed by the procedures outlined in Article 12 -9A of the Town of Vail Municipal Code. Should the addition proposed as part of the major amendment within Ordinance No. 7, Series of 2010 not commence within three years of the adoption of Ordinance No. 7, Series of 2010, Ordinance No. 7, Series of 2010 will be void, thus reinstating Ordinance No. 12, Series of 2003. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, Ordinance No. 7, Series of 2010 5/4/20105 7 -2 -5 Attachment A 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 4 th day of May, 2010, and a public hearing for second reading of this Ordinance set for the 18 day of May, 2010, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 7, Series of 2010 5/4/20106 7 -2 -6 O D z D - II I II I II n II II I I I II I I I n I � 10 1 I� O n N C vD LT 7 LL � _ L l r � m O Iz R1 / ® ❑ � � d0o�0 ® ®p400 12 = LT Cl IL ;p r - rn _ rn l r rn TIVOLI LODGE R Si °`k s °il'vn' L.L.c. FF 3t% HAN50N RANCH RD. �r�. �.rrN, cc son3y LOT E, BILK, 2, VAIL VILLAGE FIFTH FILING !,Ndharn F. R,510 k, ALA. 0 VAIL, COLORADO a��nitP�t MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 26, 2010 SUBJECT: A request for a recommendation to the Vail Town Council for a major amendment to a Special Development District, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to amend Special Development District No. 37, Tivoli Lodge, to add one accommodation unit and remove meeting space, located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5 Filing, and setting forth details in regard thereto. (PEC100013) Applicant: Robert Lazier Planner: Rachel Friede I. SUMMARY The applicant, Robert Lazier, is requesting a recommendation to the Vail Town Council on a major amendment to Special Development District No. 37, Tivoli Lodge, to allow for a conversion of unfinished meeting room space to an accommodation unit (hotel room). Staff is recommending approval of the applicant's proposal, based on the criteria established in Section VII of this memorandum. For reference, the following documents are attached: Vicinity Map (Attachment A), Ordinance No. 12, Series of 2003 (Attachment B), draft Ordinance No. 7, Series of 2010 (Attachment C) and architectural plans (Attachment D). II. DESCRIPTION OF THE REQUEST The applicant is requesting a major amendment to Special Development District No. 37, Tivoli Lodge. The request includes: • Conversion of 891 square feet of designated meeting space into a hotel room, resulting in the following changes to the SDD language: • Amendments to the density control section, including increase from 61 accommodation units to 62 accommodation units, increase of total GRFA from 27,010.5 square feet to 27,901.5, and an increase of AU GRFA from 23,560 square feet to 24,451 square feet. • No changes to number of parking spaces III. BACKGROUND Special Development District No. 37, Tivoli Lodge, was established by Ordinance No. 12, Series of 2003. The SDD allowed for increased height, loading and delivery in the front setback and a reduction in landscaping. The Tivoli Lodge provided one on -site employee housing unit, streetscape improvements, a paved walkway on Hanson Ranch Road and paid a transportation impact fee for increased vehicle trips. The Tivoli Lodge received their certificate of occupancy in 2005. No changes have been made to the Tivoli Lodge since it opened. 1 5/4/2010 7 -4 -1 IV. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Residential Public Accommodations South: Open Space Agriculture and Open Space East: Residential Public Accommodations West: Open Space Agriculture and Open Space V. ZONING ANALYSIS Legal Description: Lot E, Block 2, Vail Village 5 th Filing Zoning: SDD No. 37, Public Accommodations (PA) District Lot Size: 27,620 square feet/ 0.5225 acres Development Allowed Allowed Proposed Net Change Standard PA District SDD No. 37 Dwelling Units /Acre 25 DU /acre 1 DU 1 DU +1 AU unlimited EHU, 61 AU 62 AU AU, FF /TS 1 EHU 1 EHU GRFA (max) 41,430 sq ft 27,010.5 sq ft 27,901.5 sq ft +891 sq ft Site Coverage max 65 %/ 17,953 s ft 63% 63% No change Landscaping (min) 30 %/ 8,286 sqft 30% 30% No change Setbacks 20 feet Per approved plan Per approved plan No change Parking min 47 spaces* 40 spaces 40 spaces* No change Height (max) Sloping roof 56 feet 56 feet No change 48 feet *The proposed conversion of meeting space to an AU reduces the required parking calculation by 1 space. No additional spaces proposed but deviation between SDD and required parking will be reduced. VI. APPLICABLE PLANNING DOCUMENTS Vail Land Use Plan (in part) 1.0 General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 3.0 Commercial 3.1. The hotel bed base should be preserved and use more efficiently. 3.2. The Village and Lionshead areas the best location for hotels to serve the future needs of destination skiers. 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. 2 5/4/2010 7 -4 -2 Vail Village Master Plan (in part) GOAL #2 : TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A WHOLE. Objective 2.3: Increase the number of residential units available for short term overnight accommodations. Policy 2.3.1: The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short term overnight rental. Obiective 2.5 Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. EAST VILLAGE, SUB -AREA ( #7) 6 1 eAwNMOU688 `j' y j 1 C • ' ,� \.Cun wear. 7 � � �� . -, I �� _; ' . y 1 5 -A4.k SE.48gNSy`' . i 1 r /i \HATPA�ih..� r The East Village sub -area is comprised almost exclusively of residential /lodging and condominium development. The sub -area separates the commercial activity of the Village Core on the west with the Golden Peak Ski Base /Recreation area on the east. While there is vehicular traffic through the sub -area, Hanson Ranch Road, Gore Creek Drive, and Vail Valley Drive also accommodate a great deal of pedestrian and bicycle traffic. The most important public improvements in this sub -area relate to pedestrian and bicycle safety. The public right -of- -way; should be maintained and expanded for public use whenever possible There are locations throughout the sub -area that have the potential to accommodate small residential /lodging infill development. A number of the parcels identified: for infill development are now used for surface parking. A key objective for any infill development is to replace existing surface parking with buildings and landscape /site improvements. The parking lost by the development of the site, as well as the new parking required for the additional development must be accommodated on site. 3 5/4/2010 7 -4 -3 With the exception of one parcel, there are no significant development rights remaining in this sub -area. Existing development levels range from 22 to 80 units per acre with an average GRFAR of .92. The likelihood of an infill development proposal being approved will be based on the project's ability to satisfy the goals, objectives and policies of this plan and other zoning and development standards. Development or redevelopment of this sub area will attract additional traffic and population into this area and may have significant impacts upon portions of sub -areas 6 and 10. #7 -2 Tivoli Lodge Infill (Complete) Small lodging infill over parking area off of the existing lodge. Mass of building to "step down" from existing structure. A key issue related to this potential development is accommodating on -site parking for new demand created and the spaces lost by the infill of the existing lot. Title 12, Vail Zoning Regulations, Vail Town Code Chapter 12 -1, Title, Purpose And Applicability (in part) Section 12 -1 -2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off - street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. ARTICLE 12 -9A: SPECIAL DEVELOPMENT (SDD) DISTRICT (in part) 12 -9A -1: PURPOSE: The purpose of the Special Development District is to encourage flexibility and 4 5/4/2010 7 -4 -4 creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. The Special Development District does not apply to and is not available in the following zone districts: Hillside Residential, Single - Family, Duplex, Primary/Secondary. The elements of the development plan shall be as outlined in Section 12 -9A -6 of this Article. 12 -9A -9: DEVELOPMENT STANDARDS: Development standards including lot area, site dimensions, setbacks, height, density control, site coverages, landscaping and parking shall be determined by the Town Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in Section 12- 9A-8 of this Article. 12- 9A -10: AMENDMENT PROCEDURES: B. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in Section 12 -9A -4 of this Article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the Department of Community Development). Notification procedures shall be as outlined in subsection 12 -3 -6C of this Title. VII. REVIEW CRITERIA The Vail Town Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. 5 5/4/20]0 7 -4 -5 A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Staff believes that this application is compatible and sensitive to the immediate environment, neighborhoods and adjacent properties, as the design of the building will not change with this proposal. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Staff believes that the proposed addition of one accommodation unit provides a compatible, efficient and workable relationship with surrounding uses and activities. There is a need for more hot beds in this neighborhood, and this addition will help supply this need. The addition of a hotel room improves the workable relationship between this building, surrounding buildings, and the nearby ski mountain. The neighborhood has similar uses and density, which is compatible with the Tivoli Lodge. C. Compliance with parking and loading requirements as outlined in Chapter 12 -10, Vail Town Code. At the establishment of this SDD, a reduction in parking was provided, allowing 40 spaces instead of 48 spaces as required by Chapter 12 -10, Vail Town Code. Typically, when changes of use applications come in, parking is assessed for the change in use and not for the entire project. The former use of meeting space required 1 space per 330 square feet of seating area, or approximately 2 spaces. The accommodation unit requires 0.7 parking spaces. Therefore, there is a decrease in required parking, per Chapter 12 -10, Vail Town Code. There is also a decrease in the deviation between required parking and the SDD parking spaces. D. Conformity with the applicable elements of the Vail Comprehensive Plan and Town policies. Staff believes that this application complies with applicable elements of the Vail Comprehensive Plan and Town policies. Specifically, the application complies with the Vail Village Master Plan, as "the development of short term accommodation units is strongly encouraged." Further, this application meets the goals of the Vail Land Use Plan, including accommodating "most of the additional growth in existing developed areas (infill areas)." The Vail Land Use Plan also calls for hotels to be located in Vail Village and Lionshead, which this application continues to do. Because this proposal is a conversion of commercial uses, no mitigation of employee housing is required. Staff believes that no further mitigation of development impacts should be required for this application because of the positive impacts of increased AU in Vail Village. E. Identification and mitigation of natural and /or geologic hazards that affect the property on which the special development district is proposed. Staff believes that the proposal is in compliance with this criteria, as there are no natural or geologic hazards that need to be mitigated. 6 5/4/20]0 7 -4 -6 F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Staff believes that this proposal is in compliance with this criteria, as there are no changes to site plan, building design and location, all of which already comply with the criteria. G. A circulation system designed for both vehicles and pedestrians addressing on and off -site traffic circulation. Staff believes that this proposal complies with this criteria, as the circulation system that is designed for both vehicles and pedestrians will not be effected. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Staff believes that this application complies with this criteria, as landscaping and open space, both of which are not affected by this application, are already optimizing and preserving natural features, recreation, views and functions. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Staff believes that this criteria is not applicable, as there is no phasing plan or subdivision plan to be enacted as part of this project. VIII. STAFF RECOMMENDATION Staff recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the applicant's request for a major amendment to a Special Development District, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to amend Special Development District No. 37, Tivoli Lodge, to add one accommodation unit and remove meeting space, located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5 th Filing, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation for approval, with conditions, for this major amendment to a special development district, the Department of Community Development recommends the Commission pass the following motion: `Based upon the review of the criteria described in Section VII of the Staff memorandum to the Planning and Environmental Commission dated April 26, 2010, and evidence and testimony presented at this hearing, the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council for the applicant's request for a major amendment to a Special Development District, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to amend Special Development 7 5/4/2010 7 -4 -7 District No. 37, Tivoli Lodge, to add one accommodation unit and remove meeting space, located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5' Filing, and setting forth details in regard thereto." Should the Planning and Environmental Commission forward a recommendation of approval of this application, the Community Development Department recommends the Planning and Environmental Commission makes the following findings: "Based upon the review of the criteria outlined in Section Vll of this Staff memorandum to the Planning and Environmental Commission dated April 26, 2010, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the proposed major amendment to Special Development District No. 37, Tivoli Lodge, complies with the nine design criteria outlined in Section 12 -9A- 8, Vail Town Code. 2. That the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. 3. That the request is consistent with the development goals and objectives of the Town." IX. ATTACHMENTS A. Vicinity Map B. Ordinance No. 12, Series of 2003 C. Draft Ordinance No. 7, Series of 2010 D. Architectural Plans 8 5/4/2010 7 -4 -8 - GOCRIEI(pR „}, 1 i� 4�y w y 9 r lo"A soll Or IAL 0... hL N � �- ORDINANCE NO. 12 Series of 2003 AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 37, TIVOLI LODGE, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Zoning Title, Chapter 9, Article A, Special Development (SDD) District, Town Code of Vail establishes a procedure for establishing special development districts; and WHEREAS, Robert & Diane Lazier have submitted an application to the Town of Vail Community Development Department to establish Special Development District No. 37, Tivoli Lodge, to facilitate the redevelopment of an existing lodge; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on April 28, 2003, on the application to establish Special Development District No. 37, Tivoli Lodge, in accordance with the provisions of the Town Code of Vail; and WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail finds that the request complies with the design criteria prescribed in the Title 12, Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval by a vote of 6 -1 (Lamb Opposed) of this request to the Vail Town Council; and WHEREAS, the Vail Town Council finds that that the request to establish Special Development District No. 37, Tivoli Lodge, complies with the design criteria prescribed in the Title 12, Zoning Title, Town Code of Vail; and provides a harmonious, convenient, workable Ordinance No. 12, Series 2003 5/4/2010 7 -4- 10 • • • relationship among land uses consistent with municipal development objectives; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 12, Series of 2003, and establish a new special development district in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 37, Tivoli Lodge, is established for development on two parcels of land, legally described as Lot E, Block 2, Vail Village 5' Filing, and Lot 3, Firs m First Amendment, Vail Village 5 Filing, comprise a 9 p total of 22,760 square feet (0.5225 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 37 ". Special Development District No 37 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 37, Tivoli Lodge, shall be Public Accommodation (PA) District (Lot E, Block 2, Vail Village 5 th Filing) and Parking (P) District (Lot 3, First Amendment, Vail Village 5 th Filing). Section 2. Special Development District No. 37, Tivoli Lodge, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 37, Tivoli Lodge, complies with each of the requirements set forth in Sections 12 -9A -5 and 12 -9A -6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 37, Tivoli Lodge, shall be comprised of materials submitted in accordance with Ordinance No. 12, Series 2003 2 5/4/2010 7 -4- 11 Section 12 -9A -5 of the Town Code of Vail and those plans prepared by Resort Design Associates International, entitled " Tivoli Lodge Approved Development Plan Office Copy" dated May 15, 2003. Section 3. Development Standards In conjunction with the Approved J ed Develo m pp Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Dev P elo ment Plan to r pP p protect the integrity of 9 Y the development of Special Development District No. 37, Tivoli Lodge. The development standards for Special Development District No. 37, Tivoli Lodge are described below: A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 37, Tivoli Lodge, shall be those uses listed in Sections 12 -7A -2, 12 -7A -3, and 12 -7A -4 of the Town Code of Vail, as may be amended. B. Lot Area: The minimum lot area for Special Development District No. 37, Tivoli Lodge, shall be 22,760 square feet (0.5.225 acres). C. Setbacks: The minimum setbacks for Special Development District No. 37, Tivoli Lodge, shall be as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 37, Tivoli Lodge shall be fifty -six feet (56'), and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. E. Density Control: The maximum allowable Gross Residential Floor Area Ordinance No. 12, Series 2003 3 5/4/2010 7 -4- 12 • • • (GRFA) for Special Development District No. 37, Tivoli Lodge, shall be 27,010.5 square feet and the maximum allowable density shall be one (1) dwelling unit, sixty -one (61) accommodation units, and one (1) Type III Employee Housing Unit, and as indicated on the Tivoli Lodge Approved Development Plan, dated May 15, 2003. Said Gross Residential Floor Area (GRFA) shall be allocated as follows: • Accommodation Units (61) - 23,560.0 square feet • Dwelling Unit (1) - 3,000.5 square feet • Type III Employee Housing Unit (1) - 450.0 square feet Total 27,010.5 square feet F. Site Coverage: The maximum allowable site coverage shall be sixty - three percent (63 %) of the total lot area, and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least thirty percent (30 %) or 5,312 square feet of the total lot area shall be landscaped. In no instance shall the hardscaped areas of the development site exceed twenty percent (20 %) of the minimum landscaped area. The landscaping and site development shall be as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. H. Parking and Loading: The minimum number of off - street parking spaces shall be forty (40) and the minimum number of loading and delivery bays shall be one (1), and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. Ordinance No. 12, Series 2003 4 5/4/2010 7 -4- 13 Section 4. Conditions of Approval The Developer, agrees to comply to the following conditions of approval, which shall be part of the Town's approval of the establishment of Special Development District No. 37, Tivoli Lodge: 1. That the Developer provides deed - restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12 -13) for a minimum of one (1) employee on the Tivoli Lodge development site, and that said deed - restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Tivoli Lodge. The required Type III deed - restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 2. That the Developer meets with the Town staff and prepares a memorandum of understanding outlining the responsibilities and requirements of the required off -site improvements, prior to second reading of the ordinance approving the establishment of Special Development District No 37, Tivoli Lodge. This memorandum of understanding shall include, but not be limited to, all streetscape improvements along Vail Valley Drive and Hanson Ranch Road, in accordance with the Town of Vail Streetscape Master Plan. 3. That the Developer submits a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submitting a building permit application to the Town of Vail Community Development Department.. 4. That the Developer submits a comprehensive sign program proposal for the Tivoli Lodge for review and approval by the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy for the project. Ordinance No. 12, Series 2003 5 5/4/2010 7 -4- 14 t • • 5. That the Developer submits a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to submitting a building permit application to the Town of Vail Community Development Department. All rooftop mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and visually screened from public view. 6. That the Developer posts a bond to provide financial security for the 150% of the total cost of the required off -site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. 7. That the Developer complies with all fire department staging and access requirements pursuant to Title 14, Development Standards, Vail Town Code. This will be demonstrated on a Construction Staging plan for Town review and approval prior to submitting a building permit application to the Town of Vail Community Development Department. 8. That the Developer submits a written letter of approval from the utility companies permitting encroachments into the platted utility easements prior to submitting a building permit application to the Town of Vail Community Development Department for this project. 9. That the Developer provides a 6 ft. to 8 ft. heated concrete unit paver pedestrian walkway from the intersection of Vail Valley Drive, north the intersection of Vail Valley Drive and Hanson Ranch Road, then west to the westernmost property line of Tract A, Vail Village Fifth Filing. All work related to providing these improvements including street lights, retaining walls, utility relocation, curb and gutter, drainage and landscaping shall be included. A plan shall be submitted for review and approval by the Town and the Design Review Board prior to submittal of a building permit. The applicants shall submit civil drawings depicting said off -site improvements to the Town of Vail Community Development Department for review and approval prior to the issuance of a building permit for this project. Ordinance No. 12, Series 2003 6 5/4/2010 7 -4- 15 10. That the Developer shall prepare and submit all applicable roadway and drainage easements for dedication to the Town for review and approval by the Town Attorney. All easements shall be recorded with the Eagle County Clerk and Recorder's Office prior to issuance of a Temporary Certificate of Occupancy. 11. That the Developer shall be assessed an impact fee of $5,000 for the net increase in p.m. traffic generation as determined by the Town of Vail Public Works Department, as addressed in attachment F of the memorandum to the Planning and Environmental Commission, dated April 28, 2003. 12. That the Developer shall provide detailed civil plans, profiles, details, limits of disturbance and construction fence for review and civil approval by the Department of Public Works, prior to submittal of a building permit. 13. That the approval of the conditional use permits is not valid unless an ordinance approving the associated special development district amendment request is approved on second reading. 14. That the Developer shall commence initial construction of the Tivoli Lodge within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 37, and continue diligently toward the completion of the project. If the Developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12 -9A -4, Vail Town Code. 15. That the Developerts revises the proposed landscape plan to increase the amount of softscape area on the development site prior to submitting the plans to the Design Review Board for final review. The revised landscape plan shall be Ordinance No. 12, Series 2003 7 5/4/2010 7-4-16 reviewed and approved by the Design Review Board. In no instance, however, shall the amount of softscape area decrease below 80% of the total landscape area requirement. 16. That the Developer submits a tree protection plan prepared by a Certified Consulting Arborist to the Design Review Board for review and approval prior to final approval by the Board of the proposed project. Upon acceptance of the tree protection by the Design Review Board, the Developer shall submit a written agreement between the applicants and their contractor, to the Town of Vail Community Development, stating that all mitigation measures recommended by the Certified Consulting Arborist will be implemented and strictly adhered to by the applicants and their contractors throughout the duration of the construction process. The written agreement shall be approved and accepted prior to the issuance of a building permit for this project. 17. That the Developer addresses the written final comments of the Town of Vail Public Works Department outlined in the memorandum to George Ruther from the Town of Vail Public Works Department, dated April 24, 2003, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. Section 5. 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 Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Vail 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 Ordinance No. 12, Series 2003 8 5/4/2010 7 -4- 17 • • ! and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. 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 20' day of May, 2003 and a public hearing for second reading of this Ordinance set for the 3 1 day of June, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. urz, Wayor ATTE 4Donaldson, SEAL rele Town Clerk c ol OR READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3r day of Ordinance No. 12, Series 2003 9 5/4/2010 7 -4- 18 i oF�,�� June, 2003. SEAL Ludwig Kurz, qayor ATTIE L-e Kelei donaldson, Town Clerk Ordinance No. 12, Series 2003 10 5/4/2010 7-4-19 D i i �� - - -- ----- - - - -11 - Lei - - -u- - ii C1 io is 0 n C Li D� �D �71 Li Oz rn /�� ® ❑ � � 30o�0 ® ®p400 12 = LT I ;p r — rn _ rn l r rn TIVOLI LODGE R Si °`k F ° -D Iln ' L.L.c. 3t% HAN50N RANCH RD. �r�. �.rrN, cc son3y LOT E, BILK, 2, VAIL VILLAGE FIFTH FILING !,A/dharn F. R,510 k, A.LA. 0 VAIL, COLORADO a��n�tP�t I �I I i I I I i -F�7 T E l ILI u I Li P IS �D B O Z � rn ii r X s i O� rr� Z i O� �rn ro U� ii O i o TIVOLI LODGE R Si °`k t s °ii'vn' L.L.C. 38% HAN50N RANCH PAD. vr�. �.rrn, cc &once - - LOT E, BLK.L, VAIL VILLAGE FIFTH FILING VAIL, COLORADO Wimarr, F. RPSro. -k, A.I.A. a��n�tP�t T VAIL VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 4, 2010 ITEM /TOPIC: First reading of Ordinance No. 8, Series of 2010, an ordinance amending Section 12- 14 -20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses and setting forth details in regard thereto. PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 8, Series of 2010, upon first reading. BACKGROUND: On May 3, 2005, the Town Council adopted Section 12- 14 -20, Commercial Core Construction, Vail Town Code, through Ordinance No. 10, Series of 2005. These regulations facilitated the installation of temporary construction mitigation signs and fencing within the Town's commercial areas to lessen the impact of redevelopment construction on the Town's businesses, residents, and guests. These regulations were originally set to expire on April 1, 2008, but were extended to April 1, 2010 by Ordinance No. 4, Series of 2008. On April 26, 2010, the Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for Ordinance No. 8, Series of 2010 by a vote of 6 -0 -0. ATTACHMENTS: Ordinance No. 8 Memo 050410 Ordinance No. 8 Attach A 050410 Ordinance No. 8 Attach B 050410 5/4/2010 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: May 4, 2010 SUBJECT: First reading of ordinance No. 8, Series of 2010, an ordinance amending Section 12- 14 -20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses and setting forth details in regard thereto. Applicant: Town of Vail Planner: Rachel Friede I. DESCRIPTION OF THE REQUEST The applicant, the Town of Vail, is requesting a first reading of Ordinance No. 8, Series of 2010, for proposed text amendments to Section 12- 14 -20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses and setting forth details in regard thereto. The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 8, Series of 2010, upon first reading. Attached for reference are Ordinance No. 8, Series of 2010 (Attachment A) and the April 26, 2010 Staff memorandum to the PEC (Attachment B). II. BACKGROUND On May 3, 2005, the Town Council adopted Section 12- 14 -20, Commercial Core Construction, Vail Town Code, through Ordinance No. 10, Series of 2005. These regulations facilitated the installation of temporary construction mitigation signs and fencing within the Town's commercial areas to lessen the impact of redevelopment construction on the Town's businesses, residents, and guests. These regulations were originally set to expire on April 1, 2008, but were extended to April 1, 2010 by Ordinance No. 4, Series of 2008. On April 26, 2010, the Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for Ordinance No. 8, Series of 2010 by a vote of 6 -0 -0. III. CRITERIA FOR REVIEW The criteria outlined in Section V of Staff's April 26, 2010 memorandum to the Planning and Environmental Commission shall be used as the principal criteria in evaluating the merits of the proposed special development district. 1 5/4/2010 8 -1 -1 IV. REQUESTED ACTION Should the Town Council choose to approve Ordinance No. 8, Series of 2010, upon first reading, the Community Development Department recommends the Town Council pass the following motion: "The Town Council approves, on first reading, Ordinance No. 8, Series of 2010, an ordinance amending Section 12- 14 -20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses and setting forth details in regard thereto. " Should the Town Council choose to approve Ordinance No. 8, Series of 2010, upon first reading, the Community Development Department recommends the Town Council makes the following findings: "1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section V of the Staff memorandum dated April 26, 2010, and the evidence and testimony presented; and, 2. That the amendments further the general and specific purposes of Zoning Regulations, based upon Section V of the Staff memorandum dated April 26, 2010, and the evidence and testimony presented; and, 3. That the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section V of the Staff memorandum dated April 26, 2010, and the evidence and testimony presented." V. ATTACHMENTS A. Ordinance No. 8, Series of 2010 B. April 26, 2010, Staff memorandum to the PEC 2 5/4/2010 8 -1 -2 Attachment A ORDINANCE NO. 8 SERIES OF 2010 AN ORDINANCE AMENDING SECTION 12- 14 -20, COMMERCIAL CORE CONSTRUCTION, VAIL TOWN CODE, TO ALLOW FOR THE EXTENSION OF THE COMMERCIAL CORE TEMPORARY CONSTRUCTION SIGNAGE FOR BUSINESSES AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, significant redevelopment construction is proposed and already occurring within the Town of Vail has many physical and economic impacts on the Town's businesses, guests and residents; and, WHEREAS, the Town Council wishes to minimize the negative impacts of this unprecedented volume of construction activities on the Town's businesses, guests and residents; and, WHEREAS, on April 26, 2010, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12 -3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section V of the Staff memorandum to the Planning and Environmental Commission April 26, 2010, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated April 26, 2010, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section V of the Staff memorandum dated April 26, 2010; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated April 26, 2010, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Subsection 12- 14 -20C, the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold, sections of text that are not amended have been Ordinance No. 8, Series of 2010 5/4/2010 8 -2 -1 Attachment A omitted.) C. Termination of Section: The authority granted pursuant to this section shall terminate on April 1, 2040 2011, unless sooner extended or terminated by separate ordinance of the council. Section 2 . If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3 . The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4 . The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5 . All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4 th day of May, 2010, and a public hearing for second reading of this Ordinance set for the 18th day of May, 2010, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 8, Series of 2010 2 5/4/2010 8 -2 -2 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 26, 2010 SUBJECT: A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Section 12- 14 -20, Commercial Core Construction, Vail Town Code, to extend the Construction Mitigation Signage Program, and setting forth details in regard thereto. (PEC100015) Applicant: Town of Vail Planner: Rachel Friede I. SUMMARY The applicant, the Town of Vail, is requesting a recommendation to the Vail Town Council on a text amendment to Section 12- 14 -20, Commercial Core Construction, Vail Town Code, to extend the commercial core temporary construction signage for businesses to April 1, 2011. Staff recommends that the Planning and Environmental Commission forwards a recommendation of approval, based on the criteria in Section V of this memorandum. Attached for reference is draft Ordinance No. 8, Series of 2010 (Attachment A). II. BACKGROUND On May 3, 2005, the Town Council adopted Section 12- 14 -20, Commercial Core Construction, Vail Town Code, through Ordinance No. 10, Series of 2005. These regulations facilitated the installation of temporary construction mitigation signs and fencing within the Town's commercial areas to lessen the impact of redevelopment construction on the Town's businesses, residents, and guests. These regulations were originally set to expire on April 1, 2008, but were extended to April 1, 2010 by Ordinance No. 4, Series of 2008. III. DESCRIPTION OF THE REQUEST The applicant, the Town of Vail, is proposing amendments to the Town's regulations of public signage during construction within commercial areas. The purpose of these text amendments is to grant an extension of these regulations for one year beyond the April 1, 2010 expiration date currently prescribed by the Vail Town Code. The extension is needed because streetscape construction is continuing through the 2010 summer season and signage will help direct guests to businesses and other activities. The following are the proposed text amendments, with deletions shown in stF i ke +h Fe gh and additions in bold: 1 5/4/2010 8 -3 -1 12- 14 -20: Commercial Core Construction (in part) C. Termination of Section: The authority granted pursuant to this section shall terminate on April 1, 2010 2011, unless sooner extended or terminated by separate ordinance of the Council. IV. APPLICABLE PLANNING DOCUMENTS A. Title 11, Sign Regulations, Vail Town Code (in part) 11 -1 -2: PURPOSE: A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: These regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. B. Title 12, Zoning Regulations, Vail Town Code (in part) 12 -1 -2: PURPOSE: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities 2 5/4/2010 8 -3 -2 and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. 12 -3 -7: AMENDMENT: A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. C. Criteria And Findings: 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: 3 5/4/2010 8 -3 -3 (1) The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and (2) The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (3) The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and (5) Such other factors and criteria the planning and environmental commission and /or council deem applicable to the proposed text amendment. b. Necessary Findings: Before recommending and /or granting an approval of an application for a text amendment the planning and 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 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 (2) That the amendment furthers the general and specific purposes of the zoning regulations; 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. ARTICLE 12 -7B. COMMERCIAL CORE 1 (CC1) DISTRICT 12 -7B -1: PURPOSE: The commercial core 1 district is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The commercial core 1 district is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings 4 5/4/2010 8 -3 -4 and uses. The zoning regulations in accordance with the Vail Village urban design guide plan and design considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the village. ARTICLE 12 -7H. LIONSHEAD MIXED USE 1 (LMU -1) DISTRICT 12 -7H -1: PURPOSE: The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple- family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant 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 create 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. With any developmenuredevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian /bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12- 14 -20: COMMERCIAL CORE CONSTRUCTION: A. Endorsement: The town council hereby endorses the commercial core construction mitigation sign and construction fencing package (available for public inspection at the offices of the town clerk of the town of Vail). B. Regulations: In order to facilitate the implementation of the commercial core construction mitigation sign and construction fencing package, the following process shall be substituted for the customary zoning, design review, and sign review as set forth in this code. 1. All temporary signs, construction fencing, and other temporary improvements which comply with the commercial core construction mitigation sign and construction fencing package 5 5/4/2010 8 -3 -5 necessary for the mitigation of construction impacts in Vail's commercial cores shall be administered by the public works department director or his /her designee. 2. If town staff and a private retailer disagree on the inclusion of their business signage on the general and direct business impact mitigation signage, that retailer shall have the right to appeal the decision of staff to a three (3) person panel comprised of the town manager, director of public works, and director of community development. This three (3) person panel shall have two (2) business days to convene and make a ruling on the appeal. Should the private retailer still feel that an incorrect decision was made they can then appeal the panel's decision to town council. Appeal to town council shall occur after this code's requirements for appeals are met. C. Termination Of Section: The authority granted pursuant to this section shall terminate on April 1, 2010, unless sooner extended or terminated by separate ordinance of the council. C. Lionshead Redevelopment Master Plan (in part) Section 2.3 Policy Objectives 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 appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. D. Vail Village Master Plan Section V. Goals, Objectives, Policies and Action Steps Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. V. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff believes that the text amendment furthers the general and specific purposes of the zoning regulations, specifically the purpose of "promoting safe and efficient pedestrian and vehicular traffic circulation" and "to otherwise provide for the growth of an orderly and viable community." The amendments will facilitate continued redevelopment and growth while directing pedestrians to additional businesses beyond construction. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, 6 5/4/2010 8 -3 -6 and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff believes the text amendments further the applicable elements of the Vail Village Master Plan and Lionshead Redevelopment Master Plan that call for facilitation of redevelopment and growth. The extension of the signage program will allow for a more organized and informed public to move through and around construction projects, which is also a goal of the Town of Vail. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and These supplemental regulations concerning construction in the commercial cores were originally adopted in the spring of 2005, at the beginning of Vail's Renewal. These original regulations were intended to help mitigate the numerous anticipated redevelopment and streetscape projects in Vail Village and Lionshead. The expiration was extended from April 1, 2008 to April 1, 2010 in order to accommodate the needs of private and public projects, including Landmark, Lion Square Lodge North, Rucksack, and Solaris. Conditions have continued to change, with projects such as Solaris still under construction and new streetscape projects underway in Vail Village and Lionshead. Staff believes that conditions in construction have changed enough to necessitate the adoption of the proposed regulations. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff believes that the proposed text amendment will continue to provide a workable relationship between construction projects and the public. These amendments are a response to the pace of construction within the core areas. Creating an undisturbed environment for guests is an essential objective of the Town during redevelopment. 5. Such other factors and criteria the planning and environmental commission and /or council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Section 12- 14 -20, Commercial Core Construction, Vail Town Code, to extend the Construction Mitigation Signage Program, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval, the Community Development Department recommends the Commission pass the following motion: 7 5/4/2010 8 -3 -7 "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Section 12 -14- 20, Commercial Core Construction, Vail Town Code, to extend the Construction Mitigation Signage Program, and setting forth details in regard thereto. " Should the Planning and Environmental Commission Town Council choose to forward a recommendation of approval, the Community Development Department recommends the Commission makes the following findings: "Based on a review of the criteria in Section V of StalTs April 26, 2010 memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Planning and Environmental Commission makes the following findings: 1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendments further the general and specific purposes of Zoning Regulations; and 3. That the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " VII. ATTACHMENTS A. Draft Ordinance No. 8, Series of 2010 8 5/4/2010 8 -3 -8 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 4, 2010 ITEM /TOPIC: First Reading of Ordinance No. 10, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. (PEC100010) PRESENTER(S): Bill Gibson, Planner; and Dominic Mauriello, Applicant's Representative ACTION REQUESTED OF COUNCIL: The Town Council shall approve, approve with modifications, or deny Ordinance No. 10, Series of 2010, on first reading. BACKGROUND: On April 12, 2010, the Planning and Environmental Commission voted 6 -0 -0 to forward a recommendation of approval, with modifications, to the Town Council for the proposed amendments to the Town's Sign Regulations. The Planning and Environmental Commission's recommended modifications to the Sign Regulation amendments have been incorporated into Ordinance No. 10, Series of 2010. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Town Council approves Ordinance No. 10, Series of 2010, on first reading. ATTACHMENTS: Town Council memo Ordinance No. 10, Series of 2010 PEC results 4/12/2010 PEC memo PEC attachments Applicant's public parking sign concept drawings Applicant's public parking sign concept drawings too 5/4/2010 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: May 4, 2010 SUBJECT: Ordinance No. 10, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. (PEC100010) Applicant: Peter Knobel, represented by Mauriello Planning Group Planner: Bill Gibson I. DESCRIPTION OF THE REQUEST The applicant, Peter Knobel, represented by Mauriello Planning Group, is requesting a first reading of Ordinance No. 10, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. The applicant is proposing to amend the Town's Sign Regulations to address the following: • Additional bowling alley business identification signage • Additional movie theater signs business identification signage • Establishing public parking on private property sign regulations • Clarifying the sign area regulations for businesses not on the first floor The proposed Ordinance No. 10, Series of 2010, (Attachment A), the April 12, 2010, Planning and Environmental Commission hearing results (Attachment B), the April 12, 2010, Staff memorandum to the Planning and Environmental Commission (Attachment C), and the applicant's public parking sign concept drawings (Attachment D) have been attached for review. II. BACKGROUND On April 12, 2010, the Planning and Environmental Commission reviewed the proposed Sign Regulations text amendments. The proposed regulation amendments were as follows (text to be deleted is in str text that is to be added is bold, and sections of text that are not amended have been omitted): 1 5/4/2010 9 -1 -1 11- 6- 3 -A -1: Business Identification Signs in Sign District 1 (in part) b. Area: The allowable area of each business identification sign shall be up to six (6) square feet. At the discretion of the Design Review Board, a business identification sign for a bowling alley or movie theater may be up to fifteen (15) square feet in area, subject to the applicant demonstrating that the sign area is harmonious with the scale and architectural character of the subject business and the building in which it is located. f. Businesses Not On The First Floor: Businesses not located on the first floor shall be allowed only one projecting sign with a maximum area of four (4) square feet; location shall be subject to design review. Businesses located above or below the first floor and determined by the administrator or the Design Review Board to function as a street level business are exempt from this provision. For example, a basement or second floor business located along, level to, and individually accessed from an outdoor pedestrian way with eye level storefront windows and doors may be exempt from this provision. 11 -7 -15: Public Parking and Loading Signs for Private Property: A. Description: A public parking and loading sign is permitted for private properties which provides a minimum of 25 parking spaces available to the general public and /or loading bays available to the general public. These parking spaces must be above and beyond the requirements of Chapter 12- 10, Vail Town Code, and shall be available to the general public on a short term basis. 1. Number: Two signs per public vehicular entrance, unless the Design Review Board determines fewer or additional signs are necessary to promote the safe and expedient flow of traffic. 2. Area: The allowable area of any single public parking and loading sign shall not exceed ten (10) square feet, unless the Design Review Board determines a smaller or larger area is necessary to promote the safe and expedient flow of traffic. 3. Height: Projecting and awning signs shall have a minimum clearance of eight (8') feet above pedestrian ways and a minimum clearance of fifteen feet (15') above vehicular ways. No part of any public parking or loading signs shall extend more than twenty five feet (25') above existing grade. 4. Location: Subject to design review. Signs may be permitted in the Town's street right -of -way, subject to Section 5 -3 -I, Placement on Public Property, of this Chapter. 5. Type: Awning, freestanding, projecting or wall mounted. 6. Lighting: Subject to design review. 2 5/4/2010 9 -1 -2 7. Landscaping: Subject to design review. 8. Special Provisions: a. Public parking and loading signs shall include language and symbols identifying parking and loading bays available to the general public. b. Signs may identify the owner or the project name and logo, up to fifty (50) percent of the total sign area. c. Changeable copy may be allowed to identify the status or availability of parking spaces and /or loading bays. On April 12, 2010, the Planning and Environmental Commission voted 6 -0 -0 to forward a recommendation of approval, with modifications, to the Town Council for the proposed amendments to the Town's Sign Regulations. The following Planning and Environmental Commission's recommended modifications to the Sign Regulation amendments have been incorporated into the attached Ordinance No. 10, Series of 2010: 1) Proposed section 11- 7- 15 -A -1, should be modified to read as follows: 1. Number: T w o GigR One sign per public entrance, unless the Design Review Board determines fe wer additional signs are necessary to promote the safe and efficient flow of traffic. 2) Proposed Sections 11- 7- 15 -A -8 -a and 11- 7- 15 -A -8 -b should be modified to read as follows: a. Public parking and loading signs shall include language and symbols identifying parking and loading bays available to the public on no less than fifty percent (50 %) of the total sign area. b. Signs may identify the owner or the project name and logo up to f ifty iFrn PeFGeRt Of Oho cinri �ro� III. RECOMMENDATION Since the Planning and Environmental Commission's April 12, 2010, hearing on the proposed Sign Regulation amendments, Staff has re- evaluated the specific text of the proposed amendments. The purpose of this re- evaluation was not to change the intent of the applicant's request or the Commission's recommendation, but to determine the most efficient and effective specific text to implement the proposed amendments. Based upon this re- evaluation, Staff recommends the following modifications to the proposed Sign Regulations amendments: • Modify Section 11- 6- 3 -A -1 -F to not address "businesses not on the first floor ", but to instead address "businesses not on the first floor or street level ". Staff believes the original intent of this regulation was to address non - street level businesses regardless of which story in the building they are located. 3 5/4/2010 9 -1 -3 • Establish a definition of first floor in the Sign Regulations that is consistent with the definition of the term "first floor or street level" found in Title 12, Zoning Regulations, Vail Town Code, currently used for implementing horizontal zoning. • Establish a definition of "Sign, Public Parking and Loading on Private Property" in the Sign Regulations that for consistency references the "public parking structure" and "public unstructured parking" land uses defined in Title 12, Zoning Regulations, Vail Town Code. • Modify proposed Section 11- 7 -15 -1 to allow more than one Public Parking and Loading Sign for Private Property at the discretion of the "Administrator', rather than at the discretion of the "Design Review Board." Staff believes this modification maintains the applicant's and Commission's intent to allow an expedited review process without the need for a variance. Staff believes the evaluation of impacts to public safety and traffic is not the role of the Design Review Board, but rather the Administrator. • Modify proposed section 11- 7- 15 -A -3 by deleting the term "existing ". While this phrase is used elsewhere in the Sign Regulations, the phrase "existing grade" is a defined term in the Town's Zoning Regulations and refers to the historic grades of a site prior to any construction. The intent of the Sign Regulations is to ensure adequate sign clearance heights. These clearances are not related to pre - construction site grades. • Modify the term "available to the general public" in proposed Section 11- 7- 15 -8 -A to "for use by the public" for consistency with the "public parking structure" and "public unstructured parking" definition terminology of Title 12, Zoning Regulations, Vail Town Code. Staff recommends the Town Council approve Ordinance No. 10, Series of 2010, to read as follows (text to be deleted from the Planning and Environmental Commission's recommendation is in , text to be added to the Planning and Environmental Commission's recommendation is in bold italics): 11 -2 -1: Definitions Enumerated (in part) FIRST FLOOR OR STREET LEVEL: For the purposes of calculating allowable sign area, first floor or street level shall be any floor, or portion of any floor, of a structure located at or nearest to (either above or below) the level of the adjacent vehicular or pedestrian way, as determined by the Administrator. More than one floor, or portion of floors, may be defined as first floor or street level within a single structure. SIGN, PUBLIC PARKING AND LOADING ON PRIVATE PROPERTY. • A sign that is permitted for private properties which provide public unstructured parking or public parking structures as defined by Section 12 -2 -2, Definitions, Vail Town Code, with a minimum of 25 parking spaces and /or loading bays available for use by the public. These public parking spaces and loading bays must be above and beyond the requirements of Chapter 4 5/4/2010 9 -1 -4 12 -10, Vail Town Code. 11- 6- 3 -A -1: Business Identification Signs in Sign District 1 (in part) b. Area: The allowable area of each business identification sign shall be up to six (6) square feet. At the discretion of the Design Review Board, a business identification sign for a bowling alley or movie theater may be up to fifteen (15) square feet in area, subject to the applicant demonstrating that the sign area is harmonious with the scale and architectural character of the subject business and the building in which it is located. f. Businesses Not On the First Floor or Street Level: Businesses not located on the first floor or street level shall be allowed only one projecting sign with a maximum area of four (4) square feet; location shall be subject to design review. W-W an thi 11 -7 -15: Public Parking and Loading Signs for Private Property: A. Description: A public parking and loading sign is permitted for private properties which provide public unstructured parking or public parking structures as defined by Section 12 -2 -2, Definitions, Vail Town Code, with a minimum of 25 parking spaces and /or loading bays for use by the public. These public parking spaces and loading bays must be above and beyond the requirements of Chapter 12 -10, Vail Town Code, 1. Number: One sign per public vehicular entrance, unless the Administrator determines additional signs are necessary to promote the safe and expedient flow of traffic. 2. Area: The allowable area of any single public parking and loading sign shall not exceed ten (10) square feet, unless the Administrator determines a smaller or larger area is necessary to promote the safe and expedient flow of traffic. 3. Height: Projecting and awning signs shall have a minimum clearance of eight (8') feet above pedestrian ways and a minimum clearance of fifteen feet (15) above vehicular ways. No part of any public parking or loading signs shall extend more than twenty five feet (25) above grade. 4. Location: Subject to design review. Signs may be permitted in the Town's street right -of -way, subject to Section 5 -3 -I, Placement on Public Property, of this Chapter. 5 5/4/2010 9 -1 -5 5. Type: Awning, freestanding, projecting or wall mounted. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. Public parking and loading signs shall include language and/or symbols identifying parking and /or loading bays for use by the public on no less than fifty percent (50 %) of the total sign area. b. Signs may identify the owner or the project name and logo. c. Changeable copy may be allowed to identify the availability of parking spaces and /or loading bays. The Planning and Environmental Commission forwarded a recommendation of approval to the Town Council for the first reading of Ordinance No. 10, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. Should the Town Council choose to approve these amendments, the Community Development Department recommends the Town Council pass the following motion: "The Town Council approves, on first reading, Ordinance No. 10, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. " Should the Town Council choose to approve Ordinance No. 10, Series of 2010, on second reading, the Community Development Department recommends the Town Council makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's April 12, 2010, memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Town Council finds: 1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendments further the general and specific purposes of the sign regulations; and 6 5/4/2010 9 -1 -6 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " IV. ATTACHMENTS Attachment A: Ordinance No. 10, Series of 2010 Attachment B: April 12, 2010, PEC hearing results Attachment C: April 12, 2010, Staff memorandum to the PEC Attachment D: Applicant's public parking sign concept drawings 7 5/4/20]0 9 -1 -7 ORDINANCE NO. 10 Series of 2010 AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, TO ALLOW FOR ADDITIONAL MOVIE THEATER, BOWLING ALLEY, AND PUBLIC PARKING ON PRIVATE PROPERTY SIGNAGE, AND TO DEFINE THE TERM FIRST FLOOR FOR THE PURPOSES OF CALCULATING ALLOWABLE SIGN AREA, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, sets forth the procedures for amending the Town's Sign Regulations; and WHEREAS, the Town of Vail Planning and Environmental Commission held a public hearing on April 12, 2010, on the application to amend the Town's Sign Regulations, in accordance with the provisions of the Vail Town Code; and WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a recommendation of approval, with modifications, to the Vail Town Council by a vote of 6 -0 -0 of the request to amend the Town's Sign Regulations; and WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Sign Regulations is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Sign Regulations furthers the general and specific purposes of the sign regulations; and, WHEREAS, the Vail Town Council finds and determines 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1 . Section 11- 6- 3 -A -1: Business Identification Signs in Sign District 1, Vail Town Code, is hereby amended in part as follows (text to be deleted is in 6tFikethF9HgI4, text that is to be added is bold, and sections of text that are not amended have been omitted) b. Area: The allowable area of each business identification sign shall be up to six (6) square feet. At the discretion of the Design Review Board, a business identification sign fora bowling alley or movie theater may be up to fifteen (15) square feet in area, subject to the applicant demonstrating thatthe sign area is harmonious with the scale and architectural characterof the subject business and the building in which it is located. f. Businesses Not On The First Floor: Businesses not located on the first floor shall be allowed only one projecting sign with a maximum area of four (4) square feet; location shall be subject to design review. Businesses located above or below the first floorand determined by the administrator orthe Design Review Board Ordinance No. 10, Series of 2010, first reading 1 5/4/2010 9 -2 -1 to function as a street level business are exempt from this provision. For example, a basement or second floor business located along, level to, and individually accessed from an outdoor pedestrian way with eye level storefront windows and doors may be exempt from this provision. SECTION 2 . Section 11 -7 -15: Public Parking and Loading Signs for Private Property, Vail Town Code, is hereby established as follows (text that is to be added is bold): 11 -7 -15: Public Parking and Loading Signs for Private Property: A. Description: A public parking and loading sign is permitted for private properties which provides a minimum of 25 parking spaces available to the general public and /or loading bays available to the general public. These parking spaces must be above and beyond the requirements of Chapter 12 -10, Vail Town Code, and shall be available to the general public on a short term basis. 1. Number: One sign per public vehicular entrance, unless the Design Review Board determines fewer or additional signs are necessary to promote the safe and expedient flow of traffic. 2. Area: The allowable area of any single public parking and loading sign shall not exceed ten (10) square feet, unless the Design Review Board determines a smaller or larger area is necessary to promote the safe and expedient flow of traffic. 3. Height: Projecting and awning signs shall have a minimum clearance of eight (8') feet above pedestrian ways and a minimum clearance of fifteen feet (15') above vehicular ways. No part of any public parking or loading signs shall extend more than twenty five feet (25') above existing grade. 4. Location: Subject to design review. Signs may be permitted in the Town's street right -of -way, subject to Section 5 -3 -I, Placement on Public Property, of this Chapter. 5. Type: Awning, freestanding, projecting or wall mounted. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. Public parking and loading signs shall include language and symbols identifying parking and loading bays available to the general public on no less than fifty percent (50 %) of the total sign area. b. Signs may identify the owner or the project name and logo. Ordinance No. 10, Series of 2010, first reading 2 5/4/2010 9 -2 -2 c. Changeable copy may be allowed to identify the status or availability of parking spaces and /or loading bays. 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 Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 4. The Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. SECTION 5. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. SECTION 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4 th day of May, 2010 and a public hearing for second reading of this Ordinance set for the 18 day of May, 2010, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 10, Series of 2010, first reading 3 5/4/2010 9 -2 -3 Planning and Environmental Commission 4/12/10 Public Hearing Results (in part) 3. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. (PEC100010) Applicant: Peter Knobel, represented by Mauriello Planning Group Planner: Bill Gibson ACTION: Recommendation of approval with modification(s) MOTION: Viele SECOND: Paladino VOTE: 6 -0 -0 MODIFICATIONS: 1. Proposed section 11- 7- 15 -A -1, should be modified to read as follows: 1. Number: T w S One sign per public entrance, unless the Design Review Board determines few additional signs are necessary to promote the safe and efficient flow of traffic. 2. Proposed Sections 11- 7- 15 -A -8 -a and 11- 7- 15 -A -8 -b should be modified to read as follows: a. Public parking and loading signs shall include language and symbols identifying parking and loading bays available to the public on no less than fifty percent (505 of the total sign area. b. Signs may identify the owner or the project name and logo. 61n +n f ifty iFrn Perron+ of Oho 4r4�1 cirri �ro� Bill Gibson presented an overview of the proposal and the staff memorandum. Commissioner Pierce stated that from the memorandum it appeared Staff had thought about the topic very thoroughly. He had no further questions. Commissioner Kurz noted that the based upon the site visit the proposed sign size changes were appropriate. He inquired as to the design standards that controlled sign lighting. Bill Gibson explained the Sign Code lighting regulations. Commissioner Cartin inquired with an example of a concern about second floor spaces just building a single access and being considered first floor. Bill Gibson explained that the language, "pedestrian way" was included to prohibit a single stair case qualifying as a first floor level structure. He continued by presenting the final element of the applicant's request. Commissioner Kurz inquired as to the location of the public parking signs in the right -of -way. He suggested that it may only be appropriate in a median. He further inquired as to how the size of the sign was measured. Did it include the base of the structure? He felt the sign should be restricted to six square feet. 1 5/4/2010 9 -3 -1 Bill Gibson explained how signage is measured and it does not include the base. Commissioner Pierce pointed out that the proposed amendment to put signage in the right -of- way would be at the discretion of the Town. Commissioner Cartin suggested the proposal for the public parking signage be reversed to require a minimum of 50% of the sign face be used to identify the public parking. Dominic Mauriello, representing the applicant, presented a summary of the proposal. Commissioner Viele noted his support for a recommendation of approval to the Town Council, and complimented Staff on the concise code language addressing complex issues. Commissioner Cartin stated that his concerns were expressed earlier. Commissioner Pratt recommended the number of remaining available parking spaces be identified on public parking signs. Commissioners Kurz, Paladino, and Pierce had no further comment. Commissioner Pierce noted that the proposed amendments were well written. There was no public comment. 2 5/4/2010 9 -3 -2 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 12, 2010 SUBJECT: A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. (PEC100010) Applicant: Pete Knobel, represented by Mauriello Planning Group Planner: Bill Gibson I. SUMMARY A request for a recommendation to the Vail Town Council for prescribed regulations amendments to Title 11, Sign Regulations, Vail Town Code, to allow for additional movie theater and bowling alley signage, to create regulations allowing signage for public parking on private property, and to clarify the allowable signage for businesses not located on the first floor of a building. Based upon Staff's review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Commission forwards a recommendation of approval, with modifications, subject to the findings noted in Section VI of this memorandum. Photographs of existing parking signs (Attachment A) and the applicant's request has been attached for reference (Attachment B). II. DESCRIPTION OF REQUEST Solaris is located within Special Development District No. 39 and includes a movie theater, bowling alley, public parking, and a second story outdoor pedestrian promenade, among other residential and commercial uses. While the Solaris development project is the catalyst for this application, the proposed Sign Regulation amendments will affect all properties and other future development projects. The applicant is proposing to amend the Town's Sign Regulations to address the following: • Additional bowling alley business identification signage • Additional movie theater signs business identification signage • Establishing public parking on private property sign regulations • Clarifying the sign area regulations for businesses not on the first floor 1 5/4/2010 9 -4 -1 The applicant contends that movie theaters and bowling alleys have unique land use characteristics and should have unique consideration for signage. The applicant is requesting Sign Regulations amendments to allow, at the discretion of the Design Review Board, movie theaters and bowling alleys located in Sign District 1 (all areas except West Vail and Cascade Crossing) to install business identification signs up to 15 sq. ft. in area. The current Sign Regulations allow business identification signs up to 6 sq. ft. in area for all business types. Currently the Town's Sign Regulations do not specifically address signage for public parking on private property. The existing signs for the Vail Village parking structure, the Lionshead parking structures, Ford Park, and other Town of Vail owned properties have historically been interpreted as "government signs, including directional signs to control traffic or for other regulatory purposes" that are exempt from the Sign Regulations pursuant to Section 11 -9 -1, Exempt Signs, Vail Town Code. The Town has also interpreted the signs for the public loading bays at the Front Door in Vail Village, the public loading bays at the Arrabelle in Lionshead, and public parking at Golden Peak under this same exemption, even though these properties are privately owned. As required by its special development district, Solaris will offer short term parking available to the general public. Rather than deferring to the government sign exemption, the applicant is proposing specific sign regulations to address public parking and loading on private property. The Solaris development project includes a public plaza and skating rink adjacent to East Meadow Drive. The first floor of the Solaris building adjacent to the public plaza will be occupied by a variety of commercial uses including retail, restaurant, movie theater, bowling alley, etc. The Solaris development will also entail a second story of commercial tenant spaces, located above the first floor commercial spaces, over looking the public plaza. These second floor commercial spaces are accessed by the public along an outdoor second story pedestrian promenade that connects to East Meadow Drive and the public plaza at both the west and east ends of the building. These second story commercial spaces function as street level businesses with pedestrian scale storefronts and individual entrances along the outdoor promenade. Unlike the Town's Zoning Regulations, the Town's Sign Regulations do not define "first floor" and do not address circumstances where buildings may have more than one first floor due to changing grades, locations of street and pedestrian ways, etc. From a Zoning Regulation perspective, these second story commercial spaces on the pedestrian promenade could be considered "first floor or street level "; however, due to the lack of similar definitions the Sign Regulations do not make this same distinction. The current Sign Regulations limit the allowable business identification sign area for "businesses not on the first floor" to 4 sq. ft., rather than 6 sq. ft. for first floor businesses. The applicant contends the Solaris second story commercial spaces along the pedestrian promenade have the same function and characteristics as the Solaris first floor commercial spaces along the pedestrian plaza and should be allowed the same sign area. A copy of the applicant's request has been attached for reference (Attachment B). Since the initial submittal of this proposal, the applicant and Staff have collaborated to draft the following proposed Sign Regulation amendment text. The following text supersedes the proposed text outlined in the applicant's attached April 7, 2010, proposal. 2 5/4/2010 9 -4 -2 The proposed regulation amendments are as follows (text to be deleted is in strikethre i nh , text that is to be added is bold, and sections of text that are not amended have been omitted) 11- 6- 3 -A -1: Business Identification Signs in Sign District 1 (in part) b. Area: The allowable area of each business identification sign shall be up to six (6) square feet. At the discretion of the Design Review Board, a business identification sign for a bowling alley or movie theater may be up to fifteen (15) square feet in area, subject to the applicant demonstrating that the sign area is harmonious with the scale and architectural character of the subject business and the building in which it is located. f. Businesses Not On The First Floor: Businesses not located on the first floor shall be allowed only one projecting sign with a maximum area of four (4) square feet; location shall be subject to design review. Businesses located above or below the first floor and determined by the administrator or the Design Review Board to function as a street level business are exempt from this provision. For example, a basement or second floor business located along, level to, and individually accessed from an outdoor pedestrian way with eye level storefront windows and doors may be exempt from this provision. 11 -7 -15: Public Parking and Loading Signs for Private Property: A. Description: A public parking and loading sign is permitted for private properties which provides a minimum of 25 parking spaces available to the general public and /or loading bays available to the general public. These parking spaces must be above and beyond the requirements of Chapter 12- 10, Vail Town Code, and shall be available to the general public on a short term basis. 1. Number: Two signs per public vehicular entrance, unless the Design Review Board determines fewer or additional signs are necessary to promote the safe and expedient flow of traffic. 2. Area: The allowable area of any single public parking and loading sign shall not exceed ten (10) square feet, unless the Design Review Board determines a smaller or larger area is necessary to promote the safe and expedient flow of traffic. 3. Height: Projecting and awning signs shall have a minimum clearance of eight (8') feet above pedestrian ways and a minimum clearance of fifteen feet (15') above vehicular ways. No part of any public parking or loading signs shall extend move that twenty five feet (25') above existing grade. 4. Location: Subject to design review. Signs may be permitted in the Town's street right -of -way, subject to Section 5 -3 -I, Placement on Public Property, of this Chapter. 3 5/4/2010 9 -4 -3 5. Type: Awning, freestanding, projecting or wall mounted. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. Public parking and loading signs shall include language and symbols identifying parking and loading bays available to the general public. b. Signs may identify the owner or the project name and logo, up to fifty (50) percent of the total sign area. c. Changeable copy may be allowed to identify the status or availability of parking spaces and /or loading bays. III. BACKGROUND This applicant, Pete Knobel, represented by Mauriello Planning Group, has submitted the proposed sign code amendments based upon the built conditions at the Solaris development project at 141 East Meadow Drive. Solaris is located within a special development district and includes the unique land uses of a movie theater, bowling alley, and public parking. While the Solaris development project is the catalyst for this application, the proposed Sign Regulation amendments will affect all properties and other future development projects. Prior to 2003, the Town's Sign Regulations determined the allowable sign area for businesses in Vail Village and Lionshead based upon the length of the business frontage. The larger the business frontage, the more sign area allowed. In 2003, in an effort to streamline the development review process, to create equity between businesses, and to create design consistency, the Town's Sign Regulations were amended to allow up to 6 sq. ft. of sign area for every business in Vail Village and Lionshead regardless of type or size of the business. Specific types of businesses, for example restaurants, were granted additional advertising opportunities by the 2003 code amendments. In addition to the standard business identification signs, restaurants are allowed to install menu display boxes and daily special boards. IV. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 11: SIGN REGULATIONS (in part) 11 -1 -2: PURPOSE: A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that 4 5/4/2010 9 -4 -4 will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: These regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. V. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the sign regulations; and Bowling alley and movie theater signs The Town's Sign Regulations currently allow unique signage opportunities for unique land uses. For example, in addition to the standard 6 sq. ft. business identification signs, restaurants are allowed to erect a "menu box sign" and a "specials board signs ". Similarly, real estate offices and movie theaters are allowed to erect "display box signs ". Movie theaters and movie /media rental businesses are also allowed to erect "entertainment signs ". The Town's Sign Regulations do not currently grant display box or entertainment sign opportunities for bowling alleys. Staff believes bowling alleys and movie theaters have unique land use characteristics and should have unique consideration for signage. As noted above, movie theaters are currently allowed a display box and entertainment signs to show movie listings and movie posters. The applicant is proposing that the business identification signs for bowling alleys and movies theaters should be allowed to be larger than the business identification signs for other business types in Sign District 1. Staff recognizes that bowling alleys and movie theaters are typically larger commercial tenants with more business frontage than other commercial uses in the same building. Additionally, bowling alleys and movies theaters are public assembly type uses intended to draw large numbers of people and often serve as an anchor tenants within a commercial or mixed use building. The desired side effect of an anchor tenant is to increase the potential customer traffic to the smaller commercial uses. 5 5/4/2010 9 -4 -5 From a community -wide guest service perspective, Staff sees value in distinguishing land uses like bowling alleys and movie theaters, and creating ways to aid guests in finding such uses. Staff believes any amendment to increase the business identification signs area standards must be constrained by the Sign Regulation design guidelines. Staff does not believe an increase the business identification signs area standards should create a scenario in which a sign is disproportional to the scale of the business or building upon which they are erected. The applicant has agreed to revise the proposed amendment to allow larger signs for bowling alleys and movie theaters at the discretion of the Design Review Board. Therefore, Staff believes the applicant's proposal to allow bowling alleys and movies theaters up to 15 sq. ft. of business sign area, at the discretion of the Design Review Board is consistent with the following purposes of the Town's Sign Regulations: "2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community." In 2003, in an effort to streamline the development review process, to create equity between businesses, and to create design consistency, the Town's Sign Regulations were amended to allow up to 6 sq.ft. of sign area for every businesses in Vail Village and Lionshead regardless of type or frontage of the business. Prior to these amendments, the allowable business identification sign area was proportional to the size of the business frontage. So, larger anchor type businesses were allowed larger signs than smaller non - anchor businesses. This proportional sign calculation method is currently applied to businesses in West Vail and Cascade Crossing. As noted above, Staff believes bowling alleys and movie theaters have unique land use characteristics and should have unique consideration for signage. However, movie theaters have unique signage considerations and are currently allowed a display box and entertainment signs to show movie listings and movie posters. Staff is concerned that allowing the business identification signs for bowling alleys and movie theaters to be 2.5 times larger than other business uses in Sign District 1 is not consistent with the following purpose of the sign code: "1. To describe and enable the fair and consistent enforcement of signs in the town of Vail." Therefore, Staff does not recommend Section 11- 6- 3- A -1 -b, Area, Vail Town Code, be amended as part of this approval. 6 5/4/2010 9 -4 -6 Public parking on private property Currently the Town's Sign Regulations do not specifically address signage for public parking on private property. The existing signs for the Vail Village parking structure, the Lionshead parking structures, Ford Park, and other Town of Vail owned properties have historically been interpreted as "government signs, including directional signs to control traffic or for other regulatory purposes" that are exempt from the Sign Regulations. Rather than deferring to the government sign exemption, the applicant is proposing specific sign regulations to address public parking and loading on private property. Staff believes specifically addressing signage for public parking on private property, as proposed by the applicant, is consistent with the purposes of the Sign Regulations as outlined in Section IV above. Staff supports the proposed text amendments to this section of the Town Code, but recommends only one sign, rather than two signs, are allowed for each public vehicular entrance. Staff supports the proposal to allow the Design Review Board the authority to allow more than one sign should the Board determine the additional sign(s) are necessary for the safe and expedient flow of traffic. Businesses not located on the first floor The Town's Sign Regulations allow for smaller business identification signs for those businesses not located on the first floor. Unlike the Town's Zoning Regulations, the Town's Sign Regulations do not define "first floor" and do not address circumstances where buildings may have more than one first floor do to changing grades, locations of street and pedestrian ways, etc. Staff believes clarifying the intent of this regulation, as proposed by the applicant, is consistent with the purposes of the Sign Regulations as outlined in Section IV above and Staff supports the proposed text amendments to this section of the Town Code. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Bowling alley and movie theater signs As described above, Staff believes bowling alleys and movie theaters have unique land use characteristics and should have unique consideration for signage. Staff sees value in distinguishing land uses like bowling alleys and movie theaters, and creating ways to aid guests in finding such uses. Staff believes allowing signage unique to bowling alley and movie theaters uses such as display boxes and entertainment signs are consistent with the Town's development objectives. However, in 2003, in an effort to streamline the development review process, to create equity between businesses, and to create design consistency, the Town's Sign Regulations were amended to allow up to 6 sq. ft. of sign area for every business in Vail Village and Lionshead regardless of type or size of the business. 7 5/4/2010 9 -4 -7 Therefore, Staff does not believe the proposed regulation amendments are consistent with this criterion. Public parking on private property At its February 16, 2010 work session on parking policies, the Vail Town Council identified public parking on private property as a development objective of the Town. Staff believes specifically addressing signage for public parking on private property, as proposed by the applicant, is consistent with the Town's development objective to facilitate and encourage public parking on private property. Businesses not located on the first floor The Town's Sign Regulations allow for smaller business identification signs for those businesses not located on the first floor. Unlike the Town's Zoning Regulations, the Town's Sign Regulations do not define "first floor" and do not address circumstances where buildings may have more than one first floor due to changing grades, locations of street and pedestrian ways, etc. Staff believes clarifying the intent of this regulations, as proposed by the applicant, is consistent with the development objectives of the Town. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Bowling alley and movie theater signs Prior to 2003, the Town's Sign Regulations determined the allowable sign area for businesses in Vail Village and Lionshead based upon the length of the business frontage. The larger the business frontage, the more sign area allowed. In 2003, in an effort to streamline the development review process, to create equity between businesses, and to create design consistency, the Town's Sign Regulations were amended to allow up to 6 sq. ft. of sign area for every business in Vail Village and Lionshead regardless of type or size of the business. Therefore, Staff does not believe the proposed regulation amendments are consistent with this criterion. Public parking on private property The Town's Sign Regulations currently do not address public parking on private property. The Vail Town Council has identified public parking on private property as a development objective of the Town. Therefore, Staff believes the proposed regulation amendments are consistent with this criterion. Businesses not located on the first floor The Town's Sign Regulations do not define "first floor" and do not address circumstances where buildings may have more than one first floor do to changing 8 5/4/2010 9 -4 -8 grades, locations of street and pedestrian ways, etc. Therefore, Staff believes the proposed regulation amendments are consistent with this criterion. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives, and Bowling alley and movie theater signs Prior to 2003, the Town's Sign Regulations determined the allowable sign area for businesses in Vail Village and Lionshead based upon the length of the business frontage. The larger the business frontage, the more sign area allowed. In 2003, in an effort to streamline the development review process, to create equity between businesses, and to create design consistency, the Town's Sign Regulations were amended to allow up to 6 sq. ft. of sign area for every business in Vail Village and Lionshead regardless of type or size of the business. Therefore, Staff does not believe the proposed regulation amendments are consistent with this criterion. Public parking on private property The Town's Sign Regulations currently do not address public parking on private property. Therefore, Staff believes the proposed regulation amendments are consistent with this criterion. Businesses not located on the first floor The Town's Sign Regulations do not define "first floor" and do not address circumstances where buildings may have more than one first floor do to changing grades, locations of street and pedestrian ways, etc. Therefore, Staff believes the proposed regulation amendments are consistent with this criterion. 5. Such other factors and criteria the Commission and /or Council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with modifications, Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with modifications, of this request; Community Development Department recommends the Commission pass the following motion: 9 5/4/2010 9 -4 -9 " "Based upon a review of Section V of the Staff's April 12, 2010, memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Planning and Environmental Commission finds: The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission recommends the following modifications: "1. That Section 11- 6- 3- A -1 -b, Area, Vail Town Code, shall not be amended to allow for an increase in business identification sign area for bowling alleys and movie theaters. 2. That proposed Section 11- 7- 15 -A -1 shall be modified to allow one, not two, signs per public entrance, unless the Design Review Board determines additional signs are necessary to promote the safe and expedient flow of traffic. " Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's April 12, 2010, memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the sign regulations; 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. " VII. ATTACHMENTS A. Photographs of Existing Parking Signs B. Applicant's Request dated April 7, 2010 10 5/4/2010 9 -4- 10 Attachment A Solaris Garag Signs on Meadow Drive = 5.3 sq.ft. ZZ y _ 9 �r 1 I N T 1 y � a w 7. C,0 LL 11 5/4/2010 9 -4- 11 Front Door Loadin Dock S ign on Vail Road = 12.3 sq.ft. i 'J ?w n r` t e m r _ l 1 5 .y ¢F� .j � i'.. J � ♦ l ' ] a w 12 5/4/2010 9 -4- 12 If 4 V Arrabelle Loading Dock Sign on Lionshead Circle 6.25 sq.ft. LO 5/4/2010 Parking Garage Sign on Willow Road = 6.25 sq.ft. y - 4 P w « 1 ' c LL. Jp / Y , J A, • ''. y '�,,,A�.�FL. vIk 4 �� •TaS ' y y 14 5/4/2010 9-4-14 t Y d ■ ss i YV! I 1 Skier Dro Off Si n on Lionshead Circle= 5.3 sq.ft. 5/4/2010 �r .., " Al cn r _' 7 � " '♦ P I _ �. q 4 "It r 4 1 1 ti � Tl yy t�_ 1 • • MEN • • • • • T � 7 t t r tc , t J 1 1 3 SOLARIS '7r i s Submittal to the Town of Vail for a 1 Sign Regulations Text Amendment Mauriello Planning Group g g March 15, 2010 Revised March 23, 2010 Revised April 7, 2010 5/4/2010 9 -5 -1 I. Introduction to the Sign Code Amendment In 2003, the Town of Vail undertook a major re -write of Chapter 11: Sign Regulations. This re -write was highly successful and generally greatly simplified the regulations pertaining to signage. However, as is typical with any new or modified regulations, there is a need to revisit some issues that were either not considered at the time of adoption, or conditions have changed which would make additional tweaking necessary. As opening day of Solaris approaches and tenant spaces are leased, issues with the sign code have surfaced. Based on input from the Town Staff, the Solaris project, represented by Mauriello Planning Group, is submitting a text amendment to the Chapter 11: Sign Regulations, to meet the unique needs of Solaris. These amendments can be characterized by three subjects: (A.) promenade -level retailing needs; (B.) unique needs of a movie theater; and (C.) significant amounts of public parking on private property. A. Promenade Level Retail Section 11 -6 -3: Business Signs outlines the allowable size for business signs as follows: A. Business Identification Signs: 1. Business identification signs in sign district 1 (SD 1): a. Number: Each business shall be allowed one business identification sign per public entrance. b. Area: The allowable area of each business identification sign shall be up to six (6) square feet. c. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of any business identification sign shall extend more than twenty five feet (25') above existing grade. d. Location: Business identification signs shall be located on the business frontage. e. Type Of Sign: Business identification signs shall not be freestanding. f. Businesses Not On The First Floor: Businesses not located on the first floor shall be allowed only one projecting sign with a maximum area of four (4) square feet, location shall be subject to design review. Based on the above sections, the signs on the promenade level of Solaris are only allowed four (4) square feet. When this code section was written, the intent was likely to limit the size of signs for businesses that lack frontage on pedestrian way. However, in the case of Solaris, there is a pedestrian promenade along the commercial spaces located at the second story. In addition, contrary to the way this regulation was written, the spaces that are not located on the first floor are more visually challenged, and therefore should have larger signage allowances. Section 11 -6 -3 is proposed to be amended as follows (text to be added is shown in bold italic): f. Businesses Not On The First Floor: Businesses not located on the first floor shall be allowed only one projecting sign with a maximum area of four (4) square feet, location shall be subject to design review. Businesses located above the first floor and located on a pedestrian promenade shall have an allowable area of each business identification sign up to six (6) square feet. This amendment allows for the signs that are located above the first floor, but on a pedestrian promenade to be up to 6 sq. ft., consistent with the allowable signage elsewhere. B. Movie Theater & Bowling Alley Section 11 -7 -8: Entertainment Signs, states the following with regard to signage for movie theaters: 11 -7 -8: ENTERTAINMENT SIGNS: Solaris Sign Regulations Amendment 2 5/4/2010 9 -5 -2 Theaters and movie /media rental business will be allowed three (3) poster images in the front window at any one time. In addition to Section 11 -6 -3, which would limit the movie theater to 6 sq. ft., Section 11 -7 -8 includes additional qualifications for a movie theater, limiting the number of movie posters to a total of three, but does not provide any additional allowance for sign size. Six square feet is aninappropriately sized sign for any sort of movie theater sign that is common in the industry. Section 11 -7 -8 is proposed to be amended as follows (text to be added is shown in bold italic): 11 -7 -8: ENTERTAINMENT SIGNS: Theaters and movie /media rental business will be allowed three (3) poster images in the front window at any one time. Due to the unique nature of a movie theater as a place of public assembly, the allowable area of a sign for a theater shall be limited to fifteen (15) square feet and the design shall be subject to design review. This amendment allows for movie theaters to be up to 15 sq. ft., which is more appropriate for a specialized use such as a theater. Similarly, a bowling alley is a unique use, which also needs special consideration. As a result, the following section is proposed to be added (text to be added is shown in bold italic): 11 -7 -15: BOWLING ALLEY SIGNS: The allowable area of a business sign for a bowling alley shall be fifteen (15) square feet. C. Public Parking on Private Property Unlike many other projects in Vail Village, Solaris will be providing a significant amount of parking available to the public. As a result, there are special circumstances related to this project that necessitate vehicular- oriented signage, identifying that public parking is available. Currently, the Sign Regulations is silent to this sort of signage, instead only allowing for limited signage for "Traffic Control Signs" which are defined as: TRAFFIC CONTROL SIGN (For Private Property): A sign permitted by the Town of Vail to identify private parking areas and to direct the flow of traffic on private property. Chapter 11 -7: Other Signs, is proposed to be amended to add the following section (text to be added is shown in bold italic): 11 -7 -15: Public Parking and Loading Signs for Private Property: A. Description: A public parking sign is permitted for private property which provides a minimum of 25 parking spaces available to the public. These 25 spaces must be above and beyond the requirements of Chapter 12 -10 and shall be available to the general public. A public loading sign is permitted for private property which provides facilities for loading and delivery available to the public. 1. Size: For private property owners providing a minimum of 25 public parking spaces and up to 200 public parking spaces, a public parking sign shall not exceed ten (10) square feet. For private property owners providing more than 200 public parking spaces, a public parking sign shall not exceed fifteen (15) square feet, unless the Town of Vail determines that larger signage is appropriate, subject to design review. For private property owners providing access to loading and delivery bays to the public (i.e.. businesses other than those located in the building in which the facility is located), a public loading sign shall not exceed fifteen (15) square feet, unless the Town of Vail determines that larger signage is appropriate, subject to design review. Solaris Sign Regulations Amendment 3 5/4/2010 9 -5 -3 2. Number: A maximum total of two (2) signs permitted per entrance to the facility. Additional signage may be permitted, subject to Design Review. 3. Height, Design, Lighting, and Landscaping: Subject to Design Review. 4. Location: Subject to Design Review, but may be permitted in the Town's Right -of -Way, subject to approval by the Town Engineer. S. Special Provisions: a. May be either freestanding or wall- mounted. b. May identify the owner or the project name and logo, up to fifty (50) percent of the total sign area. c. May be a variable message sign, indicating status or availability of parking spaces and /or loading bays, subject to Design Review. Allowing for additional signage for property owners who provide significant amounts of public parking is an important benefit to the Town. These signs need to be visible to direct people in vehicles, and therefore need to be larger than the typical 6 ft. pedestrian sign. II. Review Criteria for a Text Amendment The Town of Vail Zoning Regulations provide the criteria for review of a text amendment to the sign code. For the purposes of this application, each criterion will be addressed below: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Our Analysis: The Town of Vail Zoning Regulations, in Section 12 -1 -2: Purpose, describes the general purpose of the regulations as follows: 12 -1 -2: PURPOSE: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. Section 12 -1 -2 also provides the specific purposes of the regulations as follows: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. B. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. Solaris Sign Regulations Amendment 4 5/4/2010 9 -5 -4 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. The text amendment to the Sign Regulations furthers the purposes of the zoning regulations by furthering the qualities important to the community, such as protecting economic values, enhancing the appearance of Vail, and providing for the growth of an orderly and viable community. Specifically, this text amendment will enhance the Town's established character of a resort and residential community of high quality. In addition to the purpose statements of the Zoning Regulations, Title 11 -1 -2, Sign Regulations, also provides the purpose statements of the Sign Regulations. 11 -1 -2: PURPOSE: A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: These regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. The proposed text amendment also furthers the purpose statements of the Vail Sign Regulations. Each of the purpose statements is clearly enhanced by the proposed amendment. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Our Analysis: There are no adopted goals, objectives, or policies that directly relate to signage. However, the following goals from the Vail Village Master Plan are applicable: GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITYAND IDENTITY. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Objective 13: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the town. Solaris Sign Regulations Amendment 5 5/4/2010 9 -5 -5 Policy 1.3.1: Public improvements shall be developed with the participation of the private sector working with the Town. Objective 1.4: Recognize the "historic" importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1.4.2: The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRYAND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITYAS A WHOLE. Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. Objective 2.2: Recognize the importance of Vail Village as a mixed use center of activities for our guests, visitors and residents. Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses. Policy 2.4.1: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. Policy 2.4.2: Activity that provides night life and evening entertainment for both the guest and the community shall be encouraged. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Policy 2.5.1: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. Objective 2.7. Encourage the development of multi -use special events venues and infrastructure (i.e., publicly accessible restrooms, power and utilities, etc.) within Vail Village in cooperation with the private sector. Policy 2.7.1: The development of new special event venues and improvements to existing venues shall be strongly encouraged to reinforce the important role that special events play in the promoting a year -round economy in Vail Village. As the above goals, objectives, and policies indicate, the Town recognizes the importance of successful commercial uses in Vail Village and has structured its policies and regulations to reflect this. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Our Analysis: The existing regulation which limits the size of signs on all levels other than the first level is clearly in error. Businesses and signs on the first level of a structure are clearly the most visible to pedestrians. Four square feet is inadequate to serve the needs of the retailers on the promenade level, and this should be increased to six (6) square feet. It also provides consistency and fairness for commercial uses. The code is also in error because it did not anticipate the existence of a second floor promenade type retail experience in Vail. Solaris Sign Regulations Amendment 6 5/4/2010 9 -5 -6 In addition, due to the unique nature of movie theaters and bowling alleys, a larger business identification sign for these uses is necessary. Because a movie theater needs to be identifiable to a large mass of people, a larger sign is appropriate. Finally, it is uncommon for a private property owner to provide significant amounts of public parking, and as a result, the regulations clearly do not apply to this sort of use. The proposed regulations is intended to serve a public purpose by directing vehicles into publicly available parking spaces. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Our Analysis: This amendment is limited to upper level businesses that are also on a pedestrian promenade. This was done specifically to limit the amendment to businesses that rely on walk -by pedestrian traffic for success. For example, an office that was located on a second story would not be allowed a larger sign unless on a pedestrian promenade, because they do not rely on pedestrian visibility, and are instead more of a destination. The theater, bowling alley, and public parking are important benefits to the Town, and the proposed amendments are key to providing locational information to the public. As a result, the proposed amendment is consistent with municipal development objectives, and provides for a harmonious, convenient, and workable relationship among the Sign Regulations. 5. Such other factors and criteria the planning and environmental commission and /or council deem applicable to the proposed text amendment. Our Analysis: Not applicable. Solaris Sign Regulations Amendment 7 5/4/2010 9 -5 -7 2„M • � Wkif� f �J` �6�6 GG�Pfi'�'" S e. 1 vl/ "• N J Aoir, • ,,� s� ,r c CH.f Y y�2�b9 �lNG L21 411'fA • :: = � G lt � ca uP - i AA5� v orb g off if � reaG r OAd mono 4V v 5/4/2010 9 -7 -1 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 4, 2010 ITEM /TOPIC: Second reading of Ordinance No. 3, Series of 2010, an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of Standards, to allow for changes to the solar panel regulations, and setting forth details in regard thereto. (PEC090041) PRESENTER(S): Rachel Friede, Kristen Bertuglia ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 3, Series of 2010, upon second reading. BACKGROUND: On January 25, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for changes to both the Lionshead Redevelopment Master Plan and the Development Standards of the Vail Town Code. The modifications, which are reflected in the proposed language in the Ordinance and Resolution, are as follows: The definition of solar panel shall be revised to be more specific to solar panels and not the broader definition of solar collectors. The phrase "and shall not exceed the height of adjacent roof ridges" shall be stricken from the proposed language. On February 16, 2010, the Vail Town Council approved Ordinance No. 3, Series of 2010, upon first reading, with a vote of 4 -3 -0 (Cleveland, Donovan and Foley opposed). Councilmembers expressed favor for the promotion of solar panels and alternative energy, but expressed concern over the following issues: Aesthetics of solar panels, including creation of new perceived roof lines Potential limitations of the number of panelsLocation of panels on roofs as they relate to roof lines and eavesDistance between solar panels and roof surface belowHow panels will look on buildings throughout the Town of Vail ATTACHMENTS: Ord 3, Res 5 Memo 050410 with Attach A -E Ord 3, Res 5 Attach F 050410 5/4/2010 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: May 4, 2010 SUBJECT: Second reading of Ordinance No. 3, Series of 2010, an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of Standards, for changes to the solar panel regulations, and setting forth details in regard thereto. (PEC090041) Resolution No. 5, Series of 2010, a resolution amending Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. (PEC090040) Applicant: Town of Vail Planner: Rachel Friede/ Kristen Bertuglia I. SUMMARY The applicant, the Town of Vail, is requesting a second reading of Ordinance No. 3, Series of 2010 (changes to Title 14, Development Standards, Vail Town Code) and a review of Resolution No. 5, Series of 2010 (changes to Lionshead Redevelopment Master Plan), both of which amend regulations on solar panels, which will now be referred to as "solar energy devices." The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 3, Series of 2010, upon second reading, and approve, approve with modifications, or deny Resolution No. 5, Series of 2010. The existing regulations in Title 14, Development Standards, Vail Town Code, state that solar panels shall be compatible with the design of the structure, and in new construction, must lie flat on roofs. While many existing roof slopes are appropriately sloped to allow panels to lay flat, in some cases, panels need to be raised to an optimal angle for solar collection and to minimize snow accumulation. The proposed regulations allow solar energy devices, regardless of new construction or existing buildings, to be installed at any angle, as long as the design is architecturally integrated into the overall design of the structure and the panels do not exceed more than eight (8) feet from the roof structure to which they are attached. The existing regulations and guidelines in the Lionshead Redevelopment Master Plan require that solar panels be hidden from mountain and street view, limit their height to a maximum of three (3) feet above the adjacent roof structure, and include solar panels in maximum building height calculations. The proposed amendments exclude solar energy devices from maximum building height calculation, and increase maximum distance from the roof surface below to eight (8) feet. Guidelines will be included that recommend limited view of solar energy devices from the street. The following documents are attached for review: Ordinance No. 3, Series of 2010 (Attachment A), Resolution No. 5, Series of 2010 (Attachment B), Staff memorandum on amendments to Title 14 to the Planning and Environmental Commission (PEC) dated January 1 5/4/2010 10 - I - I 25, 2010 (Attachment C), Staff memorandum on amendments to the LRMP to the PEC dated January 25, 2010 (Attachment D), the results from the January 25, 2010 PEC hearing (Attachment E), and a PowerPoint presentation for this hearing, including imaged of potential solar panels drawn by an architect (Attachment F). II. BACKGROUND On January 25, 2010, the Planning and Environmental Commission forwarded a recommendation of approval with modifications for changes to both the Lionshead Redevelopment Master Plan and Title 14, Development Standards, Vail Town Code. The modifications, which are reflected in the proposed language in the Ordinance and Resolution, include amendments to the definition of solar panels, now called solar energy devices, as well as the removal of "shall not exceed the height of adjacent roof ridges" due to conflict with flat roofs. However, Staff is recommending that additional language be added to suggest that solar energy devices not extend more than one foot above the existing adjacent roof ridgeline on pitched roofs. On February 16, 2010, the Vail Town Council approved Ordinance No. 3, Series of 2010, upon first reading, with a vote of 4 -3 -0 (Cleveland, Donovan and Foley opposed). No action was taken on Resolution No. 5, Series of 2010. Councilmembers expressed favor for the promotion of solar energy devices and alternative energy, but expressed concern over the following issues: • Aesthetics of solar energy devices, including creation of new perceived roof lines • Potential limitations of the number of panels • Location of panels on roofs as they relate to roof lines and eaves • Distance between solar energy devices and roof surface below • How panels will look on buildings throughout the Town of Vail III. DISCUSSION ITEMS 1. Pros and Cons of Proposed Regulations: PROS: • The amendments provide quantitative requirements for height that address existing solar technology. • The amendments better facilitate the use of alternative energy methods within the Town of Vail, and specifically in Lionshead. • The amendments provide clarification on installations of solar energy devices on existing non - conforming structures. • The amendments reconfirm the requirement that solar energy devices must be architecturally integrated into a structure. • Increases in height distance from roofs may allow solar energy devices to become more efficient. CONS: • The amendments create a less subjective review of solar panel installations, and may not account for future technologies. • The amendments may allow solar energy devices to contribute to an increase in the perceived bulk and mass of the structure. • The amendments dilute language requiring screening of solar energy devices from the ski mountain. 2 5/4/2010 10 -1 -2 2. Legal Issues: a. House Bill 08 -1270 went into effect in Colorado on August 1, 2008. In summary, the regulations enacted by this bill require that no laws be implemented that would regulate solar collection devices to the point where they would be substantially less efficient or more expensive. While the regulations are somewhat open- ended, Staff recommends the Vail Town Council be cautious in approving any design requirements or regulations that could substantially increase costs or reduce efficiency of solar energy devices. The regulations also require that no technology be limited by any local regulations. Staff believes the proposed regulations need to be slightly amended to allow for evacuated tubes, a technology that is similar to flat plate solar panels but does not include a glass cover. Staff recommends the term solar energy device be enacted with the following definition, which is similar to that utilized by State regulations: "Solar energy device" means a solar collector or similar device or a structural design feature of a structure, such as a roof shingle with integrated photovoltaic cells, which collects sunlight and converts the sun's radiant energy into thermal, chemical, mechanical, or electrical energy." This definition and term has been added to the proposed regulations in Ordinance No. 3, Series of 2010. b. Another legal issue relevant to this discussion is solar access requirements. There is no state law requiring that a property not block access to solar energy. However, neighbors may voluntarily create easements for solar access through private agreements. 3. Aesthetic Issues: There are a number of aesthetic issues that have been identified through the discussion of proposed regulations for solar energy devices. While efficiency of panels is important, there is a need to balance aesthetics and efficiency. This is why the proposed regulations have a required distance from roof eaves and ridges, and a maximum distance from roof below. However, Councilmembers voiced concern that solar energy devices could create a new perceived roofline on buildings. This could be alleviated by recommending amendments that would include specific language about creating new rooflines. Staff recommends that additional language be added to suggest that solar energy devices not extend more than one foot above the existing adjacent roof ridgeline on pitched roofs. This language is included in both Resolution No. 5, Series of 2010 and Ordinance No. 3, Series of 2010. This is consistent with the height allowance for cold roofs, which is another method of increasing energy efficiency on a building. Visibility of solar energy devices from street view and from Vail Mountain have also been identified as a point of discussion. Staff has eliminated regulations that would require panels be blocked from mountain view since it is impossible to block view of solar energy devices from all points on Vail Mountain. In the LRMP, existing guidelines recommend that street view of solar energy devices be limited. The Vail Town Council may wish to include regulations that limit views from public streets and pedestrianways, specifically in Vail Village or Lionshead. Within the attached PowerPoint presentation, there is a graphic that depicts the view of solar energy devices from the ground to the roof of Lionshead Centre. A six foot person would have to stand 24 feet from the building in order to see the panels. As stated above, regulations could be different in Vail Village and Lionshead versus the 3 5/4/2010 10 -1 -3 rest of the Town. These areas are considered the commercial cores in Vail and have a higher level of aesthetic regulation. The Vail Town Council may wish to amend the proposed regulations to provide more stringent regulations in the commercial cores, but have differing regulations throughout the rest of the Town of Vail. IV. SOLAR PANEL REGULATION EXAMPLES FROM OTHER COMMUNITIES 1. Breckenridge, Colorado The Town of Breckenridge encourages the installation of solar panels and solar devices as an alternative energy source. However, within the Conservation District, regulations require that solar panels be placed `on a non - character defining roofline of a non - primary elevation." Solar panels and solar devices shall be setback from the edge of a flat roof to minimize visibility and may be set at a pitch and elevated if not highly visible from public streets. On all other roof types, solar panels and solar devices shall be located so as not to alter a historic roofline or character defining features such as dormers or chimneys. All solar panels and solar devices shall run parallel with the original roofline and shall not exceed nine inches (9 ") above the roofline. Applications for new structures within the Conservation District are encouraged to include building integrated solar panels and other solar devices into the initial design, including a similar roof color, rather than as a later addition. 2. Aspen, Colorado The City of Aspen mandates that residential and commercial snowmelt systems, outdoor pools and spas be either offset through payment into the Renewable Energy Mitigation Program (REMP). Alternatively, renewable energy systems such as solar PV and solar thermal may be installed in lieu of payment into the REMP program. Systems must be installed such that they are at least 90% efficient (proper orientation and height, no shading), and by a Colorado Solar Energy Industries Association (COSEIA) certified installer. Solar panels are not included in building height calculations, and may extend five feet above the allowed maximum building height. 3. Whistler, British Columbia Whistler was recently designated as British Columbia's seventh official Solar Community, receiving a commitment of $10,000 in funding that will be allocated towards demonstrating the feasibility of solar technology in Whistler through local pilot projects. Whistler Green Checklist and the Green Building Policy encourage solar installations and do not regulate design. Solar access /shading analysis is required for new development to ensure compliance with existing View and Solar Access Protection Guidelines. 4. Boulder, Colorado If solar panels cover less than 25 percent of the roof area and are less than 16 feet high, they may be considered an appurtenance and are exempt from any maximum height requirement. Boulder's Green Points building program requires highly efficient buildings and incentivizes the use of solar panels as well as pre - plumbing and rough -in for future systems. An 8 -foot by 8 -foot section of roof must be designated for future panels in the case of system rough -ins. 5. Telluride, Colorado Telluride encourages installation of alternative energy, and has enacted a green building code where installation of solar panels provides a large amount of points needed for compliance. Telluride has different design requirements for solar panels depending on the zone district. Panel height is regulated, and varies from a maximum of 3 to 8 feet, depending on historical district status, commercial or residential districts. Panels are to be integrated into architecture, and are recommended to be screened and out of street view as much as possible. All panels 4 5/4/2010 10- 1 -4 must be painted with an anti - reflective surface. Pole- mounted fixtures are also permitted. V. ACTION REQUESTED OF THE COUNCIL 1. Ordinance No. 3, Series of 2010 The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 3, Series of 2010, upon second reading. Should the Vail Town Council approve Ordinance No. 3, Series of 2010 upon second reading, the Community Development Department recommends the Vail Town Council make the following motion: "The Vail Town Council approves Ordinance No. 3, Series of 2010, an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of Standards, for changes to the solar panel regulations, and setting forth details in regard thereto, upon second reading. " Should the Vail Town Council approve Ordinance No. 3, Series of 2010 upon second reading, the Community Development Department recommends the Vail Town Council make the following findings: "Based upon a review of Section V of the Planning and Environmental Commission memorandum dated January 25, 2010, and the evidence and testimony presented, The Vail Town Council finds: 1. The amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. The amendment furthers the general and specific purposes of the Development Standards outlined in Section 14 -1 -1, Purpose and Intent, Vail Town Code; and 3. 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. " 2. Resolution No. 5, Series of 2010 Staff requests the Vail Town Council approves, approves with modifications, or denies Resolution No. 5, Series of 2010. Should the Vail Town Council approve Resolution No. 5, Series of 2010, the Community Development Department recommends the Vail Town Council make the following motion: "The Vail Town Council approves Resolution No. 5, Series of 2010, a resolution amending Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and 5 5/4/2010 10 -1 -5 setting forth details in regard thereto. " Should the Vail Town Council approve Resolution No. 5, Series of 2010, the Community Development Department recommends the Vail Town Council make the following findings: "Based upon a review of Section V of the Planning and Environmental Commission memorandum dated January 25, 2010, and the evidence and testimony presented, the Vail Town Council finds: 1. The amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. The amendment furthers the purpose of the Lionshead Redevelopment Master Plan; and 3. 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. " VI. ATTACHMENTS A. Ordinance No. 3, Series of 2010 B. Resolution No. 5, Series of 2010 C. Staff memorandum on amendments to Title 14 to the PEC dated January 25, 2010 D. Staff memorandum on amendments to the LRMP to the PEC dated January 25, 2010 E. PEC minutes dated January 25, 2010 F. PowerPoint Presentation 6 5/4/2010 10- 1 -6 Attachment A ORDINANCE NO. 3 SERIES OF 2010 AN ORDINANCE AMENDING SECTION 14 -10 -5, BUILDING MATERIALS AND DESIGN, VAIL TOWN CODE, PURSUANT TO SECTION 14 -1 -3, ADMINISTRATION OF STANDARDS, FOR CHANGES TO THE SOLAR PANEL REGULATIONS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its January 25, 2010 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general purpose of the Development Review Handbook; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the Town of Vail Environmental Sustainability Strategic Plan adopted goal of promoting energy conservation and a reduction in greenhouse gas emissions by supporting renewable energy projects; and WHEREAS, the Vail Town Council finds that these amendments will provide more appropriate, improved regulations for solar energy devices consistent with the architectural and Ordinance No. 3, Series of 2010 1 5/4/2010 10- 1 -7 Attachment A aesthetic character of the Town of Vail; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend Section 14 -10 -5, Building Materials and Design, in order to amend regulations for solar energy devices. (Text that is to be deleted is s +rte Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 14 -2 -1 is hereby amended as follows: Solar energy device: A solar collector or similar device or a structural design feature of a structure, such as a roof shingle with integrated photovoltaic cells, which collects sunlight and converts the sun's radiant energy into thermal, chemical, mechanical, or electrical energy Section 3. Section 14 -10 -5 is hereby amended as follows: .W.. C � ol �oll� + tn - r4 shall li s flat - on reefs; how re fi�4 �� "s v�r-n� - rvvr�riwv2y2�" ' FA�G�7- r2�rvrr f�1 G�Fi v GGngpatihle with the odor -ll design of the hip dino H. Solar energy devices should be installed on building roofs and facades and oriented for energy production. Solar energy devices shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building. Solar energy devices may be installed within the required setbacks on existing structures if the structure is legally nonconforming or permitted to encroach into the setback. Solar energy devices shall not be included in calculation of building height. No portion of any solar energy device shall project more than eight (8) feet from the roof plane or fagade to which the panel is attached. Solar energy devices shall not extend more than one (1) foot higher than the existing adjacent ridgeline on pitched roofs only. Solar energy devices shall not be installed within two (2) feet of a roof ridge or roof eave. Solar energy device framing, brackets and associated equipment shall be painted black or a color that matches adjacent building surfaces at the discretion of the Design Review Board. See Figures 1, 2, 3, and 4 below for visual explanation of regulations. Ordinance No. 3, Series of 2010 2 5/4/2010 10 -1 -8 Attachment A Figure 1: Required Distances of Solar Energy Devices from Roof Edge J II� RAKE E6fiE b_ �m u. •: • CS p. w I� �d L} it Figure 2: Regulations Applied to a 8:12 Roof 4 1L Iu 0� r� f e� �8 Ordinance No. 3, Series of 2010 3 5/4/2010 10 -1 -9 Attachment A Figure 3: Regulations Applied to a 3:12 Roof �Iy t FQ 4 3� I d5 Y Figure 4: Regulations applied to a Flat Roof Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent Ordinance No. 3, Series of 2010 4 5/4/2010 10 -1 -10 Attachment A 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 16 day of February, 2010 and a public hearing for second reading of this Ordinance set for the 4 th day of May, 2010, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4th day of May, 2010. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 3, Series of 2010 5 5/4/2010 10 -1 -11 Attachment B RESOLUTION NO. 5 Series of 2010 A RESOLUTION AMENDING SECTION 8.4.2.7 ROOFS, LIONSHEAD REDEVELOPMENT MASTER PLAN, PURSUANT TO SECTION 2.8, ADOPTION AND AMENDMENT OF THE MASTER PLAN, LIONSHEAD REDEVELOPMENT MASTER PLAN, IN ORDER TO AMEND THE GUIDELINES ON SOLAR ENERGY DEVICES IN LIONSHEAD, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan; and WHEREAS, on April 6, 1999, the Vail Town Council adopted Ordinance 3, Series of 1999, which amended the Zoning Regulations and created Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts; and WHEREAS, Section 2.8 of the Lionshead Redevelopment Master Plan outlines a procedure for amending the Master Plan; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its January 25, 2010 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the purpose of the Lionshead Redevelopment Master Plan; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the Resolution No. 5, Series of 2010 1 5/4/2010 10 -1 -12 Attachment B 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; and WHEREAS, the Vail Town Council finds that these amendments will provide improved regulations for solar energy devices within the Town of Vail; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Town Council of the Town of Vail hereby amends the Lionshead Redevelopment Master Plan (in part) as follows (additions are indicated in bold and deletions are indicated in & +h Fe , nh : Chapter 8: Architectural Design Guidelines: 8.4.2.7 Roofs (in part) QLy4ghfc 4Qnl -ar Panels higher - th 0 th 6 11rrn linn rn�I - Roth CF menu ' must - he innrulud - ed in mn)Amwm rnnf hninht nnlnidatieps and s be well hidden frnm street Invml and the mnin +nin Skylights Skylights are permitted within Lionshead if they are less than 3 feet higher than the surrounding roof. Skylights must be included in maximum roof height calculations, and shall be well - hidden from street level and the mountain. Solar energy devices Solar energy device: A solar collector or similar device or a structural design feature of a structure, such as a roof shingle with integrated photovoltaic cells, which collects sunlight and converts the sun's radiant energy into thermal, chemical, mechanical, or electrical energy Solar energy devices should be installed on building roofs and facades and oriented for energy production. Solar energy devices shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building. Solar energy devices should be installed to minimize visual impact from street level. Solar energy devices may be installed within the required setbacks on existing structures if the structure is legally nonconforming or permitted to encroach into the setback. Solar energy devices shall not be included in calculation of building height. No portion of any solar energy device shall Resolution No. 5, Series of 2010 2 5/4/2010 l 0- 1- l 3 Attachment B project more than eight (8) feet from the roof plane or fagade to which the panel is attached. Solar energy devices shall not extend more than one (1) foot higher than the existing adjacent ridgeline on pitched roofs only. Solar energy devices shall not be installed within two (2) feet of a roof ridge or roof eave. Solar energy device framing, brackets and associated equipment shall be painted black or a color that matches adjacent building surfaces at the discretion of the Design Review Board. Figure 1: Required Distances of Solar Energy Devices from Roof Edge I - T FIF1 1� 11 �1� IFIF FF �I Ilf �3 .. i 1C^ a I.. Ill - II � n� n� Figure 2: Regulations Applied to a 8:12 Roof f 4 00 00 Resolution No. 5, Series of 2010 3 5/4/2010 10 -1 -14 Attachment B Figure 3: Regulations Applied to a 3:12 Roof I f t It Fa' E 4 � 3 O Figure 4: Regulations applied to a Flat Roof LIP � - INTRODUCED, READ, APPROVED AND ADOPTED this 4 day of May, 2010. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 5, Series of 2010 4 5/4/2010 10 -1 -15 Attachment C MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 25, 2010 SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 14 -1 -3, Administration of Standards, Vail Town Code, to amend Section 14 -10 -5, Building Materials and Design, Vail Town Code, for changes to the solar panel regulations, and setting forth details in regard thereto. (PEC090041) Applicant: Town of Vail Planner: Rachel Friede I. SUMMARY The applicant, the Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 14 -1 -3, Administration of Standards, Vail Town Code, for amendments to Section 14 -10 -5, Building Materials and Design, Vail Town Code, to allow for changes to the solar panel regulations. The existing regulations in Title 14 state that solar panels shall be compatible with the design of the structure, and in new construction, must lie flat on roofs. While many roof angles could accommodate panels to lay flat, in most cases, panels need to be raised to an optimal angle for solar collection and to minimize snow accumulation. The proposed regulations would allow solar panels, regardless of new construction or existing buildings, to be installed at any angle, as long as the design is architecturally integrated into the overall design of the structure and the panels do not exceed more than eight (8) feet from the roof structure to which they are attached. Based on the criteria and findings in Section V of this memorandum, and the testimony presented at the public hearing, Staff recommends that the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for this application. II. DESCRIPTION OF REQUEST The proposed regulation amendments to Title 14, Development Standards, Vail Town Code, are as follows (text to be deleted is in t4keth -eugh text that is to be added is bold): 14 -2 -1: DEFINITIONS OF WORDS AND TERMS: SOLAR PANEL: A device or combination of devices that transforms direct solar energy into thermal, chemical, or electrical energy. 14 -10 -5: BUILDING MATERIALS AND DESIGN: {/ / „ H. Iar o n ll��c ch ime — fa ro ofs , -- h o wever - , whe-P r g an 9 civM4g GGp4paAblo with the oy Fa l design of the N44694o 1 5/4/2010 10 -1 -16 Attachment C H. Solar panels should be installed on building roofs and facades and oriented for energy production. Solar panels shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building. Solar panels may be installed within setbacks on existing structures if the structure is legally nonconforming or permitted to encroach into setbacks. Solar panels shall not be included in calculation of building height. No portion of any solar panel shall project more than eight (8) feet from the roof plane or fagade to which the panel is attached. Solar panels shall not be installed within two (2) feet of a roof ridge or roof eave and shall not exceed the height of adjacent roof ridges. Solar panel framing, brackets and associated equipment shall be painted to match adjacent building surfaces. The following are pros and cons for adopting the proposed amendments: PROS: • The amendments provide quantitative requirements for height and location of solar panels, instead of subjective language to be determined by the Design Review Board. • The amendments better facilitate the use of alternative energy technology within the Town of Vail. • The amendments provide clarification on solar panels installed on non - conforming structures. CONS: • The amendments create a less subjective review of solar panel installations, and may not account for technology that is not currently available. • The amendments may increase the perceived bulk and mass of structures with solar panels. • The amendments could allow solar panels to be installed higher than previously permitted. III. BACKGROUND Solar panels have become a popular source of on -site alternative energy, since the Vail area with its cold climate and abundance of sun is one of the most optimal geographic regions for solar panel function. Existing Town regulations require that solar panels lie flat on pitched roofs in new construction to ensure that the panels do not detract from the landscape, views, or the character of the buildings in the community. However, in Vail, the recommended angle for solar photovoltaic and thermal panels is 50 degrees on a flat roof to allow for snow shedding and proper solar collection. A flat installation may not optimize the efficiency of the solar panels. The recommended update to the regulations ensures that any proposed panels are installed at an efficient angle while being designed to fit with the architecture of the existing structure. The Town of Vail has a commitment to environmental sustainability and reducing carbon emissions by, along with other programs, promoting renewable energy. This update in solar regulations will allow for optimal efficiency and more flexibility in solar installations, which will result in additional solar projects in town. Most photovoltaic (PV) solar panels are 5.2 feet in actual height, and the recommended angle for a flat roof would be 50 degrees to allow for snow shedding. Combined with a 2- foot allowance for snow between the panel and the roof, the recommended height limit 2 5/4/2010 10- 1- 17 Attachment C should be six (6) feet. PV panels, which provide electricity, function properly only when the entire panel is exposed to the sun's rays. Therefore, even minimal snow coverage is not desired for maximum efficiency. Solar thermal panels, such as those proposed on the Antlers Condominiums project for domestic hot water and pool heat, are 7.6 feet in actual height. The recommended angle for a flat roof would be 50 degrees to allow for snow shedding. Combined with a 2 foot allowance (solar thermal panels do not lose effectiveness as drastically as PV in the case of snow cover) for snow between the panel and the roof, the recommended height limit should be eight (8) feet. IV. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 14: DEVELOPMENT STANDARDS 14 -1 -1: PURPOSE AND INTENT: It is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfare of the community. These rules, regulations, and standards are intended to ensure safe and efficient development within the town of Vail for pedestrians, vehicular traffic, emergency response traffic, and the community at large. The development standards will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the town of Vail. VAIL ENVIRONMENTAL STRATEGIC PLAN Goal #2: Energy Efficiency. Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the Town's contribution to greenhouse gas emissions and impact on global climate change. Objectives: 5. Implement community energy efficiency and renewable energy program. Goal #4 : Sustainable Economic and Social Development: Lead programmatic efforts to promote sustainable and profitable business practices within the Town of Vail and the Vail community. Implement employee sustainability programs to maintain high quality of life. VAIL 20120 STRATEGIC PLAN: Vail Values: Natural Environment: Vail values the environment as a source of health, beauty, recreation and economic strength that makes Vail a special place to live, work and play. As stewards of the environment, Vail is committed to promoting sustainable environmental practices in every aspect of the community. V. REVIEW CRITERIA 1. The extent to which the text amendment furthers the purpose of the Development Standards; and 3 5/4/2010 W- I - is Attachment C The proposed regulation amendments are intended to ensure safety, help protect property values, and ensure the aesthetic quality of the community. Solar panels can increase property values, and Staff believes the proposed amendments help further homeowners' ability to install the panels. Because the proposed regulations include additional detailed requirements, it will likely help to streamline the development review process. Therefore, Staff believes the proposed amendments are consistent with the purposes of the Town's Development Standards as outlined in Section V above. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Staff believes the proposed amendments further the Town's environmental policy objectives by adopting standards that better facilitate alternative energy. Specifically, the Environmental Sustainability Strategic Plan and the Vail 20/20 Strategic Plan call for improved regulations for alternative energy, a partnership with the community and the need for reduced energy usage. The proposed amendments would further the goals, objectives and policies outlined in these plans. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Staff believes the Town's existing solar panel regulations are no longer appropriate due to recent changes in solar panel technology, such as improvements in efficiency and aesthetic design. The existing regulations also do not provide allowances for optimal performance or snow loading. In addition, market demand for solar technology continues to increase due to better technology, tax incentives, rebates, and the growing need for energy conservation. Staff believes the Vail Town Code should adapt to these changes. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. The proposed regulation amendments are intended to ensure safety, help protect property values, and ensure the aesthetic quality of the community. The proposed amendments continue to ensure that solar panels are integrated into the design of the structure to meet the aesthetic goals of the town. Therefore, Staff believes the proposed text amendments will facilitate and provide a harmonious, convenient, workable relationship among land use regulations consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and /or Council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 14 -1 -3, Administration of Standards, Vail Town Code, to amend Section 14 -10 -5, 4 5/4/2010 10 -I -19 Attachment C Building Materials and Design, Vail Town Code, for changes to the solar panel regulations, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 14 -1 -3, Administration of Standards, Vail Town Code, to amend Section 14 -10 -5, Building Materials and Design, Vail Town Code, for changes to the solar panel regulations, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes the following findings based upon a review of Section V of this memorandum, and the evidence and testimony presented: "The Planning and Environmental Commission finds: 4. The amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 5. The amendment furthers the general and specific purposes of the Development Standards outlined in Section 14 -1 -1, Purpose and Intent, Vail Town Code; and 6. 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. " 5 5/4/2010 10- 1 -20 Attachment D MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 25, 2010 SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to allow for amendments to Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. (PEC090040) Applicant: Town of Vail Planner: Rachel Friede I. SUMMARY The applicant, the Town of Vail, is requesting a final recommendation to the Vail Town Council on proposed amendments to Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, in order to amend the guidelines for solar panels in Lionshead. Currently, the Lionshead Redevelopment Master Plan requires that solar panels be hidden from mountain and street view, limits their height to a maximum of three (3) feet above the adjacent roof structure, and calculates solar panels toward the maximum building height calculations. The proposed amendments would exclude solar panels from maximum building height calculation, and will increase the panel's maximum height to eight (8) feet as measured from the roof structure below. Based on the criteria and findings in Section V of this memorandum, and the testimony presented at the public hearing, Staff recommends that the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for this application. II. DESCRIPTION OF THE REQUEST The applicant is requesting the following text amendments to the Lionshead Redevelopment Master Plan, with additions in bold and deletions in strikethre g h Chapter 8: Architectural Design Guidelines: 8.4.2.7 Roofs (in part) QI �i ht&43nlar Panels Sky4ghts and solar- panels aFe peFmitted_ withip Lie pshea da if they aFe less th-a P -2 fe-e-t h�gheF nalnidatieps and shall hn well hirlrinn .rang street Invnl and the mnin +ain Skylights Skylights are permitted within Lionshead if they are less than 3 feet higher than the surrounding roof. Skylights must be included in maximum roof height calculations, and shall be well - hidden from street level and the mountain. 1 5/4/2010 10 -1 -21 Attachment D Solar Panels Solar panels should be installed on building roofs and facades and oriented for energy production. Solar panels shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building. Solar panels should be installed to minimize visual impact from street level. Solar panels may be installed within setbacks on existing structures if the structure is legally nonconforming or permitted to encroach into setbacks. Solar panels shall not be included in calculation of building height. No portion of any solar panel shall project more than eight (8) feet from the roof plane or fagade to which the panel is attached. Solar panels shall not be installed within two (2) feet of a roof ridge or roof eave and shall not exceed the height of adjacent roof ridges. Solar panel framing, brackets and associated equipment shall be painted to match adjacent building surfaces. The following are pros and cons for adopting the proposed amendments: PROS: • The amendments provide quantitative requirements for height that are reflective of existing solar technology. • The amendments better facilitate the use of alternative energy methods within the Town of Vail, and specifically in Lionshead. • The amendments provide clarification on solar panels installed on existing non- conforming structures. CONS: • The amendments create a less subjective review of solar panel installations, and may not account for technology that is not currently available. • The amendments could allow solar panels to be installed higher than previously permitted. • The amendments dilute language requiring screening of solar panels from the mountain. III. BACKGROUND On October 7, 2009, the Design Review Board approved an exterior alteration application for the Antlers Condominiums that included the installation of solar panels on the roof. Upon review of the building permit, Staff discovered a discrepancy between the approval and language in the Lionshead Redevelopment Master Plan regarding solar panels. This language would prohibit the Antlers Condominiums from installing the solar panels due to maximum height requirements and view from the ski mountain. At the same time, Staff has been working on the sustainable building initiative and wanted to bring forward one aspect of this project. Staff facilitated this application to amend the Lionshead Redevelopment Master Plan in order to make requirements more applicable to actual proper installation of solar panels for maximum efficiency on existing and new buildings in Lionshead. Most photovoltaic (PV) solar panels are 5.2 feet in actual height, and the recommended angle for a flat roof would be 50 degrees to allow for snow shedding. Combined with a 2 foot allowance for snow between the panel and the roof, the recommended height limit 2 5/4/2010 10 -1 -22 Attachment D should be six (6) feet. PV panels, which provide electricity, function properly only when the entire panel is exposed to the sun's rays. Therefore, even minimal snow coverage is not desired for maximum efficiency. Solar thermal panels, such as those proposed on the Antlers Condominiums project for domestic hot water and pool heat, are 7.6 feet in actual height. The recommended angle for a flat roof would be 50 degrees to allow for snow shedding. Combined with a 2 foot allowance (solar thermal panels do not lose effectiveness as drastically as PV in the case of snow cover) for snow between the panel and the roof, the recommended height limit should be eight (8) feet. IV. APPLICABLE DOCUMENTS The following are applicable documents from Title 12, Zoning Regulations, Vail Town Code, and the Lionshead Redevelopment Master Plan. Zoning Regulations (in part) Lionshead Mixed Use — 1 Zone District (in part) 12 -7H -1: PURPOSE: The Lionshead Mixed Use -1 zone district is intended to provide sites for a mixture of multiple- family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 zone district, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment 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 vibrant 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 create 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. With any developmenYredevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian /bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. Lionshead Redevelopment Master Plan (in part) Chapter 2, Introduction 2.1 Purpose of the Master Plan (in part) "This master plan was initiated by the Town of Vail to encourage redevelopment and 3 5/4/2010 10- 1 -23 Attachment D new development initiatives in the Lionshead study area. Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail and fails to offer a world class resort experience. Lionshead's economic potential has been inhibited by a number of recurrent themes: • Lack of growth in accommodation units ( "hot beds); • Poor retail quality; • Deterioration of existing buildings; • Uninteresting and disconnected pedestrian environment; • Mediocre architectural character; and the • Absence of incentives for redevelopment. This master plan is a comprehensive guide for property owners proposing to undertake development or redevelopment of their properties and the municipal officials responsible for planning public improvements. The plan outlines the Town's objectives and goals for the enhancement of Lionshead and proposes recommendation, incentives, and requirements for redevelopment and new development. " 2.8 Adoption and Amendment of the Master Plan The Lionshead Master Plan was adopted by resolution No. 14, Series of 1998, on December 15 1998, by the Vail Town Council following a recommendation to approve by the Planning and Environmental Commission. Future amendments to this master plan must be approved by resolution or motion by the Town Council following a formal recommendation by the Planning and Environmental Commission. Implementation activities and ordinances will be approved in accordance with the Town of Vail Municipal Code. VAIL ENVIRONMENTAL STRATEGIC PLAN Goal #2: Energy Efficiency. Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the Town's contribution to greenhouse gas emissions and impact on global climate change. Objectives: 5. Implement community energy efficiency and renewable energy program. Goal #4 : Sustainable Economic and Social Development: Lead programmatic efforts to promote sustainable and profitable business practices within the Town of Vail and the Vail community. Implement employee sustainability programs to maintain high quality of life. VAIL 20120 STRATEGIC PLAN: Vail Values: Natural Environment: Vail values the environment as a source of health, beauty, recreation and economic strength that makes Vail a special place to live, work and play. As stewards of the environment, Vail is committed to promoting sustainable environmental practices in every aspect of the community. 4 5/4/2010 10 -1 -24 Attachment D V. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the purposes of the Lionshead Mixed Use 1 District and the Lionshead Redevelopment Master Plan; and Staff believes the text amendments further the purpose of the LMU -1 District by facilitating "an economically vibrant lodging, housing, and commercial core area." Solar panel installation is a desirable amenity and utility for lodging and housing, and could help improve the economic vibrancy of lodging in the area. Solar panels can increase property values, and Staff believes the proposed amendments help further homeowners' ability to install the panels. Because the proposed regulations include additional detailed requirements, it will likely help to streamline the development review process. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Staff believes the proposed amendments further the Town's environmental policy objectives by adopting standards that promote alternative energy. Specifically, the Environmental Sustainability Strategic Plan and the Vail 20/20 Strategic Plan call for improved regulations for alternative energy and these amendments would further the goals, objectives and policies outlined in these plans. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Staff believes the Town's existing solar panel regulations are no longer appropriate due to recent changes in solar panel technology, such as improvements in efficiency and aesthetic design. The existing regulations also do not provide allowances for optimal performance or snow loading. In addition, market demand for solar technology continues to increase due to better technology, tax incentives, rebates, and the growing need for energy conservation. Staff believes the Vail Town Code should adapt to these changes. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. The proposed regulation amendments are intended to ensure safety, help protect property values, and ensure the aesthetic quality of the community. The proposed amendments continue to ensure that solar panels are integrated into the design of the structure to meet the aesthetic goals of the town. Therefore, Staff believes the proposed text amendments will facilitate and provide a harmonious, convenient, workable relationship among land use regulations consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and /or Council deem applicable to the proposed text amendment. 5 5/4/2010 10 -1 -25 Attachment D VI. STAFF RECOMMENDATION The Community Development Department recommends that the Town of Vail Planning and Environmental Commission forwards a recommendation of approval for a proposed text amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to allow for amendments to Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. Staff's recommendation of approval is based upon a review of the evidence and testimony presented and the review of the criteria outlined in Section V of this memorandum. Should the Planning and Environmental Commission choose to forward a recommendation of approval of this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to allow for amendments to Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes the following findings based upon a review of Section V of this memorandum, and the evidence and testimony presented: "The Planning and Environmental Commission finds: 4. The amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 5. The amendment furthers the purpose of the Lionshead Redevelopment Master Plan; and 6. 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. " 6 5/4/2010 10 -1 -26 PLANNING AND ENVIRONMENTAL COMMISSION January 25, 2010 1:OOpm 7CYW1VOiff� TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Michael Kurz David Viele Rollie Kjesbo Luke Cartin Tyler Schneidman Sarah Paladino 3. A request for a final recommendation to the Vail Town Council, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to allow for amendments to Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. (PEC090040) Applicant: Town of Vail Planner: Rachel Friede ACTION: Recommendation of approval with modifications MOTION: Viele SECOND: Paladino VOTE: 5 -0 -0 CONDITIONS: 1. The definition of solar panel shall be revised to be more specific to solar panels and not the broader definition of solar collectors. 2. The phrase "and shall not exceed the height of adjacent roof ridges" shall be stricken from the proposed language. Rachel Friede gave a presentation per the staff memorandum. She highlighted the specifics of the Antlers Lodge request for solar panels. She then went through the proposed text to explain all the proposed language. Commissioner Viele stated for the record that his company, Viele Construction, had been awarded the contract to perform the exterior work on the Antlers. He then stated that he would not recuse himself because he felt he could act impartially on the request as it applied to all properties not just the Antlers. Commissioner Pierce inquired as to the loss of efficiency with reduced panel angle. Meagan Yoeman, Active Energies, spoke to the question regarding the slope of panels and the loss of efficiency by reducing the angle of the panels. She stated that photovoltaic panels have more significant losses with reduced angle efficiency. She stated that in Vail the optimum angle of solar panels ranges between 45 and 50 degrees. Commissioner Pierce inquired as to the balance between restricting the maximum angle and fitting the roof aesthetics more appropriately. Rachel Friede stated that the Design Review Board has been using current regulations to ask for design changes to have a positive effect on the aesthetics of solar panels. . Commissioner Cartin pointed out that the definition proposed for solar panels may not fit. He 1 5/4/2010 10- 1 -27 suggested amending the definition to tighten up the language to exclude some of the less aesthetically pleasing products. He also noted that photovoltaic solar panels get hot and can shed snow quickly. He suggested a sliding scale for height limitations based on roof slope. Commissioner Paladino expressed her thoughts that the proposed regulations will accomplish the desired result for the majority of applicants. Commissioner Schneidman suggested changing the regulations to be clearer for the general public. 4. A request for a final recommendation to the Vail Town Council, pursuant to Section 14 -1 -3, Administration of Standards, Vail Town Code, to amend Section 14 -10 -5, Building Materials and Design, Vail Town Code, for changes to the solar panel regulations, and setting forth details in regard thereto. (PEC090041) Applicant: Town of Vail Planner: Rachel Friede ACTION: Recommendation of approval with modifications MOTION: Viele SECOND: Paladino VOTE: 5 -0 -0 CONDITIONS: 1. The definition of solar panel shall be revised to be more specific to solar panels and not the broader definition of solar collectors. 2. The phrase "and shall not exceed the height of adjacent roof ridges" shall be stricken from the proposed language. The public hearing for this item occurred in conjunction with Item 3 above. 2 5/4/2010 10- 1 -28 Solar Panel Regulations Ordinance No. 5, Series of 2010 Resolution No. 3, Series of 2010 C Town of Vail Community Development Department May 4, 2010 5/4/2010 10 -2 -1 Purpose Statement The purpose of this hearing is to discuss outstanding issues related to proposed solar panel regulations, provide any necessary direction to Staff and for the Vail Town Council to make a determination on amendments to the Lionshead Redevelopment Master Plan and Title 14, Development Standards, Vail Town Code. Town of Vail Community Development 2 Department May 4, 2010 5/4/2010 10 -2 -2 Intent of Proposed Regulations • Remove existing Further the goals of barriers to the Environmental environmentally Strategic Plan sustainable practices Encourage energy (solar panels) within conservation, Town regulations renewable energy • Control aesthetics of usage solar panels while Become leaders in allowing for improved environmental efficiency sustainability Town of Vail Community Development 3 Department May 4, 2010 5/4/2010 10 -2 -3 Legal Issues F1 • Colorado Revised Statutes: - HB 08 -1270 • Requires that regulations not create substantial reduction in energy efficiency or substantial increase in cost of systems • No systems are allowed to be prohibited but may be regulated Town of Vail Community Development 4 Department May 4, 2010 5/4/2010 10 -2 -4 Legal Issues • Solar access — Denver and Boulder do not allow new buildings to shade buildings with existing or potential rooftop solar panel installations — Federal Government allows an individual to sue adjacent property owners to limit blockage of solar access Town of Vail Community Development 5 Department May 4, 2010 5/4/2010 10 -2 -5 Aesthetics Issues • Solar panels could create a new perceived roofline • Solar panels might alter the bulk and mass of a structure • Solar panels may be visible from street level or from Vail Mountain • How can we balance efficiency of panels with aesthetic requirements? Town of Vail Community Development 6 Department May 4, 2010 5/4/2010 10 -2 -6 Proposed Regulations • Solar energy devices cannot exceed eight feet above roof below • Devices cannot be installed within two feet of eaves or ridges • Devices must be architecturally integrated into structure • Framing, brackets and associated equipment shall be painted to match adjacent building surfaces. Town of Vail Community Development 7 Department May 4, 2010 5/4/2010 10 -2 -7 Proposed Regulations STANDARDS (SHALL) GUIDELINES (SHOULD) • Compatible and • Install on roofs and facades architecturally integrated into . Orient for energy production design of building 0 In Lionshead, minimize • Not included in building visual impact from street height level • Not higher than 8 ft from • On pitched roofs, should not plane below create a new perceived roof • Not within 2 ft of eave or ridgeline ridge • Brackets and frames must match adjacent building Town of Vail Community Development 8 Department May 4, 2010 5/4/2010 10 -2 -8 a ti 9 ILL as W i e t FF 7� Pj,.. F1 Town of Vail Community Development 9 Department May 4 , 201 5/4/2010 10 -2 -9 LLd wp 9 I � 3 I ® Y Sao a I I 12 12 PP Town of Vail Community Development 10 Department May 4 , 2010 5/4/2010 10 -2 -10 aw m� �e 0 Town of Vail Community Development 11 Department May 4 , 201 5/4/2010 10 -2 -11 D � D =rte ]JI I Town of Vail Community Development 12 Department May 4 , 201 5/4/2010 10 -2 -12 Examples of Solar Installations 1 Town of Vail Community Development 1 Department May 4, 2010 5/4/2010 10 -2 -13 r uJ fit''` .' •S < � � F T own of • Devel Department M ay 4 2 010 5 42010 • � 1 II�III����� ����I�� III.. 1 , r _ 1111" ' .. rrylryIt f IW" - — � _E [�. � �,�ccF 41 . _ �a � �B!i �` � a ' — - v � •""' ' I As- `�' _ ...1 � .��-,. a`41 �:1 it � ,�• - fk Town of Vail Community Development 15 Department May 4 2010 5/4/2010 10 -2 -15 _ d FV Town of Vail Community Development 1 Department May 4, 2010 5/4/2010 10 -2 -16 Town of Vail Community Development 17 Department May 4, 2010 5/4/2010 10 -2 -17 a. r w S 19!!�'+� 1�i + 'l +ism` i - I • �7'� � + +I •i '_ _ i� ! 1 1 1 G r i . ^! s i m — elf 4 m� ! 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FLAT BLACK f I r- -{- - -T(7P OF COFFER 22 LL FLA5H% ROOFING TERMINATION I 1 .._� - E45TI% FASCIA i I l i J E.15TIN6 FRBCAST I l CGNGWrt DOUBLE TEE i' ROOF PAWL � .- 6" OF R 6ID IW XATIGN SOLAR PANEL ARRAY j TO BE APO D KITH NEW _ 5,&FORT STrzw f ROOFiN6 ATTACHED TO EXI6DNG RY PANELS Town of Vail Community Development 24 Department May 4 2010 5/4/2010 10 -2 -24 Lionshead Centre Roof Plan Potential Solar Panel Locations LLffi fi I 1 rr lr�wwlm m ROGF yip 9 SOLMI we xm�cs• RIPE@ LI P I liP �uEtGTTP •o' �FAwhLLR 1�vY Y['L7 '.WYI PA14 •�fBYJC RRLM ROOF FLAN NOT TO SCALE NORTH Town of Vail Community Development 25 Department May 4 201 5/4/2010 10 -2 -25 Lionshead Centre Elevations Potential Solar Panel Locations 50AI.R 'HAIR PANELST'P PANl3STP 2' 'WIN ] '-'MIN -0' IN '0' IN 66� "L SOUTH ELEVATION NOT TO SGALE Town of Vail Community Development 26 Department May 4 , 2010 5 '4 %2010 10 -2 -26 Lionshead Centre Elevations Potential Solar Panel Locations �LAR � ro• Mi PA11EL - rrQ N ! MFG � 4 � mob• IJ L EST ELEVATION NOT TO SGALE Town of Vail Community Development 27 Department May 4 201 5/4/2010 10 -2 -27 Viewing Distance Graphics � LAR PA ro•Mi HZL -T,P N x ! MFG � 4 � mob• IJ L EST ELEVATION NOT TO SGALE Town of Vail Community Development 28 Department May 4 , 201 5/4/2010 10 -2 -28 Lionshead Centre Elevations Potential Solar Panel Locations 50LAR FANEL -TYP N 0 A x N � O Town of Vail Community Development 29 Department May 4 , 2010 5 '4 %2010 10-2 -29 Breakaway West Roof Plan Potential Solar Panel Locations V . 1 14" SOLAR 5LOPIN6 24" 52LAR 5LOPIN6 24" SOLAR PANEL i ROOF ='AN _ROOF PANEL. .. "SET@AGK " - 'SETi3AG�" "SET6AGK �; L FLAT `FLAT ROOF ROOF MAR PA R 1 SOLAR — SOLAR PANELS— % c —l :. PANELS 4 ROOF PLAN NOT YO SCALE Town of Vail Community Development 30 Department May 4 2010 5/4/2010 10 -2 -30 Breakaway West- South Elevations SOLAR _ PANVLS - i i S � SOLAR FW ELS I I SOLAR NUT, PANnL9 ELI _ - I II l Town of Vail Community Development 31 Department May 4, 2010 5/4/2010 10 -2 -31 Breakaway West East Elevation SOLAR PANELS . I I { i i i1 y �,a SOLAR PANELS i I I Town of Vail Community Development 32 Department May 4 , 201 5/4/2010 10 -2 -32 SOLAR i FANEL5 ti, l Town of Vail Community Development 33 Department May 4, 2010 5/4/2010 10 -2 -33 One Willow Bridge Roof Plan Potential Solar Panel Locations 4 4 C6P9ER RI INC 4= 7— 1�DE — 6:52 70:7 _ FW ROOF FLAT ROUE KI RI�VL P rem�.�e� �aee Ln rwve DS. PERK .III EGK 9EGx �' b�wwua ev ■GSM 48N:J 9uJIk n�a+ ervrmmee uste R00F PLAN MOT TO SCALE Town of Vail Community Development 34 Department May 4 2010 5/4/2010 10 -2 -34 One Willow Bridge Roof Plan Potential Solar Panel Locations 2. -0' MIN 2`0" MIN SOAR PANELS Rpm V f I I V r � JOU7H ELEVA710N NOT TO SCALE Town of Vail Community Development 35 Department May 4 2010 5/4/2010 10 -2 -35 One Willow Bridge Roof Plan Potential Solar Panel Locations r0LAQ 3 0. MI PANEL -TYP ". MIN k � h h ti" REST ELEVAT NOT TO 5GALE Town of Vail Community Development 36 Department May 4 201 5/4/2010 1( -2 -36 One Willow Bridge Detail SOLAR If IF1 Town of Vail Community Development 37 Department May 4, 2010 5 '4 %2010 10 -2 -37 Viewable Distance from Panels SOLAR [D Mln 3 �t m Town of Vail Community Development 38 Department May 4 201 5/4/2010 10 -2 -38 Questions for Town Council • Are there any concerns about the proposed regulations and the eventual outcome? • Should regulations differ in Lionshead, Vail Village and the rest of the Town of Vail? • Should flat roofs have different height requirements for solar panels than pitched roofs? • Should any other amendments be made to the proposed regulations? • Should we further incentivize installations by waiving permit fees or providing any other "carrots ? Town of Vail Community Development 39 Department May 4, 2010 5/4/2010 10 -2 -39 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 4, 2010 ITEM /TOPIC: Resolution No. 5, Series of 2010, a resolution amending Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. (PEC090040) PRESENTER(S): Rachel Friede / Kristen Bertuglia ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Resolution No. 5, Series of 2010. BACKGROUND: On January 25, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for changes to both the Lionshead Redevelopment Master Plan and the Development Standards of the Vail Town Code. The modifications, which are reflected in the proposed language in the Ordinance and Resolution, are as follows: The definition of solar panel shall be revised to be more specific to solar panels and not the broader definition of solar collectors. The phrase "and shall not exceed the height of adjacent roof ridges" shall be stricken from the proposed language. On February 16, 2010, the Vail Town Council held a hearing on Resolution No. 5, Series of 2010 but did not take any formal action. Councilmembers expressed favor for the promotion of solar panels and alternative energy, but expressed concern over the following issues: . Aesthetics of solar panels, including creation of new perceived roof lines Potential limitations of the number of panels Location of panels on roofs as they relate to roof lines and eaves Distance between solar panels and roof surface below How panels will look on buildings throughout the Town of Vail 5/4/2010 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 4, 2010 ITEM /TOPIC: Resolution No. 13, Series of 2010, a resolution amending the Lionshead Redevelopment Master Plan to amend the recommendations for transportation improvements in Lionshead (generally located at the Lionshead Parking Structure and the Concert Hall Plaza bus stop), and setting forth details in regard thereto. PRESENTER(S): Warren Campbell / Tom Kassmel / Tom Braun ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 13, Series of 2010. BACKGROUND: On April 12, 2010, the Planning and Environmental Commission unanimously recommended approval of text and figure amendments to the Lionshead Redevelopment Master Plan to facilitate desired improvements in Lionshead with regard to transit. Those improvmetns include the creation of skier drop -off, a bus stop, and a bus shelter at the Lionshead Parking Structure and bus stop and circulation improvements at Concert Hall Plaza. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the town Council approves Resolution No. 13, Series of 2010. ATTACHMENTS: Town Council Memorandum Resolution No. 13, Series of 2010 Transit Powerpoint 5/4/2010 tOULLAq VAWO 5.'4.10 LHMP Amendments Corrections to Section 5.5.3 The following highlights refinements made to the LHMP amendments reflected in Resolution #13 provided in the Town Council Packet. These modifications are found on page 21 of the Resolution. They were made following PEC review and were overlooked when putting together the final resolution. Language deleted is indicated with stfikethfou and new language is in bold. 5.5.3 Potential Building Infill Site At one time the Master Plan contemplated that when the skier drop -off and service and delivery functions are removed from the transit drop off are east entry to Lionshead area that the transit stop may be reduced in size yielding a site suitable for infill development. This infill development would be associated with Vail 21 and /or Lionshead Center re- developments on property that functions as road right -of -way and is owned by the Town of Vail. ale dDevelopment of this area would potentially create a strong gateway into the retail core and better definition of the pedestrian corridor that connects it to the parking structure. 4 would also eliminate the eppei4unity for- a sefteF landseaped entf) into Lienshea . Development within this area would alse pr-eeltide futu transit uses. Fef these reasons the potential buil to line at Vail 21 7 : n^l,ea Center have been fedueed i seep to not o aeh into T.,...n ewned pr-epefty. Refei-7 te Map S for- a depietion of these build te lines, During the 2009 Lionshead Transit Study there was discussion regarding the idea of the entry into Lionshead being a "softer" more landscaped environment similar in concept to Slifer Square. In addition, there is a need to maintain transit functions in this area. For these reasons, coupled with the limited space available in this area the "build to" lines depicted on Map S may not be feasible. Any necessary refinements to "build to" lines should be considered during subsequent detailed design of the east entry into Lionshead. MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: May 4, 2010 SUBJECT: Resolution No. 13, Series of 2010, a resolution to amend Chapter 4, Recommendations — Overall Study Area and Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the recommendations for transportation improvements in Lionshead (generally located at the Lionshead Parking Structure and the Concert Hall Plaza bus stop) and setting forth details in regard thereto. I. PURPOSE The purpose of this agenda item is to review and vote on Resolution No. 13, Series of 2010. Resolution No. 13, Series of 2010, is a resolution to amend Chapter 4, Recommendations — Overall Study Area and Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the recommendations for transportation improvements in Lionshead (generally located at the Lionshead Parking Structure and the Concert Hall Plaza bus stop). On April 12, 2010, the Planning and Environmental Commission forwarded a recommendation of approval of the proposed amendments by a unanimous vote. II. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, represented by Braun Associates is proposing to incorporate site specific recommendations for transit improvements at the Lionshead parking structure and the Concert Hall Plaza bus stop into the Lionshead Redevelopment Master Plan through the deletion and addition of text and figures. The catalyst for the proposed amendments is the result of several decisions which were made with regard to the development of the North Day Lot solely with skier drop -off and employee housing. In 2008 and 2009 the Town participated in an exercise exploring the ability and costs of locating a fully functioning transit center on the North Day Lot in conjunction with Vail Resorts employee housing project. After an extensive process it was determined that the Town's finances were better focused on other opportunities with regard to transit improvements in Lionshead. 1 5/4/2010 12 -1 -I The proposed text revisions include amendments to Chapters 4 and 5 of the Lionshead Redevelopment Master Plan and are provided in Resolution No. 13, Series of 2010 (Attachment A). Furthermore, multiple figures were amended to illustrate the proposed changes that are included in the text. Again you will see a portion of the deleted figure in the right hand column and the proposed revised figure in its place. The applicant's representative will be providing a power point presentation which will go through the proposed language and figure amendments. III. BACKGROUND Throughout 2009 and the early months of 2010 the Town of Vail Public Works Department has been working with a consultant team to identify the function and cost of various transit options in the vicinity of the Lionshead Parking Structure and the Concert Hall Plaza bus stop. This team has been interacting with the public and Town Council in developing the options which the property owner, Town of Vail, wishes to pursue. The proposed text amendments are a result of this process. To affect the conceptual ideas generated through this process amendments are necessary tot eh Master Plan prior to the design of the actual solutions. IV. APPLICABLE PLANNING DOCUMENTS This section of the memorandum contains portion of the Lionshead Redevelopment Master which are pertinent to the application and proposed to be amended. Lionshead Redevelopment Master Plan (in part) Chapter 2, Introduction 2.1 Purpose of the Master Plan "This master plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives in the Lionshead study area. Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail and fails to offer a world class resort experience. Lionshead's economic potential has been inhibited by a number of recurrent themes: • Lack of growth in accommodation units ( "hot beds); • Poor retail quality; • Deterioration of existing buildings; • Uninteresting and disconnected pedestrian environment; • Mediocre architectural character; and the • Absence of incentives for redevelopment. This master is a comprehensive guide for property owners proposing to undertake development or redevelopment of their properties and the municipal officials responsible for planning 2 5/4/2010 12 -1 -2 public improvements. The plan outlines the Town's objectives and goals for the enhancement of Lionshead and proposes recommendation, incentives, and requirements for redevelopment and new development. " 2.2 Definition of a Master Plan In the development of the Lionshead Master Plan, the following definition has been used as the basis for this work: A master plan is a guide, a flexible framework for future action. It articulates a community's fundamental land use policies, principles, and goals in a broad and general way. It plans for the future physical development or redevelopment of an area of the community, including its functional and circulation systems and its public facilities. The land use policies in a master plan are generally implemented through zoning ordinances. Existing zoning and land use codes may be modified and new provisions enacted in order to conform to the master plan and carry out the plan's objectives. A master plan does not convey approval for particular development proposals or concepts, nor can it be implemented in a short time frame. After adoption of the Lionshead Master Plan, every development proposal will have to go through the applicable development review and approval process, with its attendant public notices and public hearings. A proposal's adherence to the policies contained in the adopted master plan will be one of the factors analyzed by staff, the Planning and Environmental Commission (PEC), the Design Review Board (DRB), and the Town Council (as applicable) in determining whether to approve or disapprove the specific proposal. 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. 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 appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities 3 5/4/2010 12 -1 -3 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. 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, transportation 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. V. CRITERIA AND FINDINGS Staff believes the proposed Lionshead Redevelopment Master Plan amendments, are consistent with the Town's goals, policies and objectives for the reasons listed under each criteria below. 1. Conditions have changed: As discussed previously in this memorandum the catalyst for the proposed amendments is the result of not incorporating any transit functions on the North Day Lot with the exception of skier drop -off. The North Day Lot was identified as the recommended location for a full service transit center in Lionshead which would offer the same services found at the Vail Village Transit Center. For a variety of reasons a transit center was not pursued on the North Day Lot. The Town of Vail has recognized a need to make improvements to the transit system in an effort to better the customer experience in visiting Vail. Those improvements have been identified as occurring best at the Lionshead parking structure and the Concert Hall Plaza bus stop. Improvements being explored by the Town include skier drop -off on the western end of the parking structure on the lowest deck, Eco bus stops and a shelter along the north side of the parking structure, and improvements to the current bus stops on the eastern edge of Lionshead Village and Concert Hall Plaza. 4 5/4/2010 12 -1 -4 2. The plan is in error: While the current Lionshead Redevelopment Master Plan is not in error the decisions made with regard tot eh employee housing development on the North Day Lot has necessitated a need to reexamine the Lionshead Village area to determine the most feasible location for transit improvements within Lionshead as the need is still present. Staff believes the specific recommendations are vital to addressing the need for transit improvements in Lionshead. The proposal will succeed in offer a better experience to our customers. 3. The addition of the transit improvement amendments is in concert with the Lionshead Redevelopment Master Plan: The proposed amendments are implementing a significant element contained within the initially adopted Lionshead Redevelopment Master Plan. The decisions made with regard to the North Day Lot did not eliminate the functions proposed for the site. Staff believes the proposed amendments will provide clear and specific guidance for the addressing of transit needs in Lionshead. VI. ACTION REQUESTED OF COUNCIL The Town Council shall approve, approve with modifications, or deny Resolution No. 13, Series of 2010. VII. STAFF RECOMMENDATION The Planning and Environmental Commission recommends that the Vail Town Council approve Resolution No. 13, Series of 2010. Should the Town Council choose to approve this amendment request, the Community Development Department recommends the Council makes the following motion: "The Vail Town Council approves the amendments to the Lionshead Redevelopment Master Plan to incorporate recommendations for transportation improvements in Lionshead (generally located at the Lionshead Parking Structure and the Concert Hall Plaza bus stop) and setting forth details in regard thereto. " Should the Town Council choose to approve this amendment request, the Community Development Department recommends the Council makes the following findings: "(1) That conditions have changed since the Lionshead Redevelopment Master Plan was adopted; and (2) That the incorporation of the proposed transit amendments into the Lionshead Redevelopment Master Plan are in concert with the Lionshead Redevelopment Master Plan." 5 5/4/2010 12 -1 -5 VIII. ATTACHMENTS A. Resolution No. 13, Series of 2010 6 5/4/2010 12 -1 -6 RESOLUTION NO. 13 Series of 2010 RESOLUTION NO. 13, SERIES OF 2010, A RESOLUTION TO AMEND CHAPTER 4, RECOMMENDATIONS - OVERALL STUDY AREA AND CHAPTER 5, DETAILED PLAN RECOMMENDATIONS, LIONSHEAD REDEVELOPMENT MASTER PLAN, PUSUANT TO SECTION 2.8, ADOPTION AND AMENDMENT OF THE MASTER PLAN, LIONSHEAD REDEVELOPMENT MASTER PLAN, TO AMEND THE RECOMMENDATIONS FOR TRANSPORTATION IMPROVEMENTS IN LIONSHEAD (GENERALLY LOCATED AT THE LIONSHEAD PARKING STRUCTURE AND THE CONCERT HALL PLAZA BUS STOP) , AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan; and WHEREAS, on April 6, 1999, the Vail Town Council adopted Ordinance 3, Series of 1999, which amended the Zoning Regulations and created Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts; and WHEREAS, Section 2.8 of Master Plan outlines a procedure for amending the Master Plan; and WHEREAS, the Town of Vail Planning and Environmental Commission has held a public hearing on the proposed amendment on April 12, 2010, and has forwarded a recommendation of approval, of the amendment to the Town Council by a vote of 6 -0 -0; and WHEREAS, the purpose of this amendment is to provide detailed recommendations to improve transit functions and service in Lionshead and provide skier drop -off in close proximity to the portal; and WHEREAS, the Town Council finds that the proposed amendment improves and enhances the effectiveness of the Master Plan without negatively affecting the goals, objectives, and policies prescribed by the Master Plan. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: The Town Council of the Town of Vail hereby amends the Lionshead Redevelopment Master Plan as follows: The amendments to the text of the Lionshead Redevelopment Master Plan are indicated in bold italics(additions), and tr4 l,+hrqugh ;+au„ _s (deletions). Resolution No. 13, Series of 2010 1 5/4/2010 12-2-1 (in part) CHAPTER 4 Recommendations — Overall Study Area This section of the master plan addresses issues that affect Lionshead as a whole. These issues — and recommendations to address them - should be considered in all planning and policy decisions as Lionshead redevelops. 4.1.5 West Lionshead - Residential/ Mixed -Use Hub West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas station site and the Eagle River Water and Sanitation site. This 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 place 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 patterns in this area should reflect north -south orientation of buildings, visual 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 a44 a structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on -site. Resolution No. 13, Series of 2010 2 5/4/2010 12 -2 -2 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. 4.3 Connections to the Natural Environment One of the outstanding characteristics of Vail Village is its spectacular visual connection to Vail Mountain, particularly the protected view corridors up Bridge Street from the village parking structure and toward the Gore Range from East Meadow Drive. Over the years the village has also strengthened its physical connections to the natural environment by improving rreekside. creek side parks and trails and by integrating landscape into the built environment at every opportunity. Lionshead has no similarly strong connection to the natural environment even though it is situated even closer to the base of the mountain. To remedy this critical deficiency, the following recommendations are made: 4.5 Public Transportation An efficient transit system is critical to the character and environmental quality of any pedestrian- oriented resort. G^ 216; id P d by the MaS tor P r aF t ; e, It is also assumed that as growth and redevelopment continues in the Lionshead area an expansion of existing transit facilities will be necessary. In 2009 the Town of Vail completed the Lionshead Transit Station project. While this study address a number of transit, transit related functions (skier drop -off, loading, hotel shuttles, charter buses, etc.), and other related master plan goals (inviting portals, pedestrian experience, etc.), the focus of this effort was to define a solution for establishing a central transit station within the Lionshead area. A "model" for a central station would be the transportation center in Vail Village. By way of comparison, transit operations in Lionshead are dispersed throughout the area and lacking the efficiency's of the Vail Village center. Transit station facilities necessary to accommodate in -town shuttles, local buses and ECO buses were assessed base on both near term and long term needs. It was determined that over the near term between 9 and 11 bus bays will be needed and that in the long term up to 12 to 14 bus bays could be necessary (Lionshead Transit Study, LSC 2009). Given the existing "built condition" of Lionshead there are no perfect solutions for a transit station from either the standpoint of location or cost. Resolution No. 13, Series of 2010 3 5/4/2010 12 -2 -3 For these reasons a phased approach for transit station improvements is appropriate. 4.5.1 Connection to West Lionshead West Lionshead consists of the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas station site and the Eagle River Water and Sanitation site. Because it is an area of potentially significant growth, it is important that it be fully integrated into the Town of Vail transit system. The West Lionshead properties are at the outside edge of the acceptable walking distance to the ski yard (1200 feet). With a mixed use development in the area which integrates a ski portal, retail space, office space and residential development, transit service to this area and interconnections to other portals will be critical to develop in the future. In addition, the update of the Vail Transportation Master Plan and the 2009 Lionshead Transit Study shall provide direction on the ultimate location of a Lionshead Transit Facility along with needed interconnections between ski portals, regional transit stops, and other transportation modes. The addition of a ski lift in this area would make this area more viable to redevelopment as it would be within the acceptable walking distance of a lift (1,200 feet). 4.5.2 Maximum Efficiency and Utilization The following recommendations are made to enhance the efficiency and functionality of the Lionshead transit connections in anticipation of future redevelopment in the area: 4.5.2.1 Regional Transit Stop thiI_iA_iTOrhrP__Arl DI -,..., G , UI de SaG, be Y° zcivcate`mte the -PFepe Se` Ne l4h 9@r' 1= -t rl kiHq d 14P rl Thi Will n Vide d f Orr ��t�NcttH"�e"}Ncry -rcS� ec --rrrr svrn P_G_A v ° ctAc_P_.A the Feq the #@RS SyStemAA -AAd- the Tv " At l tFAAS At ata PJtlstet #�ba ^'sfa Lc DI-Ap-e. Pih� ,,,ill r ° the l@Fge r @ h1 10 °o fr.,rv, \A/ °o+ I i ..s G. rJ Q. -AA r � `-` G A Sh°A rJ DI@Ge I+ w, , h° P Sihl° tG 19G eleM°., +o Gf -� -I tF-ArrStt Step --err the v - cti. St I -iG.RTSae crorr w ith rmzi— rtc°v� s m rrrc'rrtcr - ,.I. f-, .. I-I .,. ,.,.,"l,r q 4 I.,�.At AY, +h., ., .,hl, r., !,f I i Sh., -„-1 this @Fe@ RH@mHet be thP_ FRoSt d+ah,��IecAtiAH fer a re� t-FanS+t Ste} Te of Vail OR teWR buse S hea �Id be O GI� �ded OR the des of the sk 4 — c - 'Rd ^ tom'. IR 2 006, the — Tee, --ef Vail Rit+ate to of the Vail TFaRSp D1-Ar, 'A the —Te . t i _Ated a d eVe I1,PWIPAt f°r r the I=�rrSrn 1,r, _;;d_ D-]rLiRq StFUGtUFe FedeVe'MeRt i s E ° v "'m'�'p ° ctFt�6�i --ry update aleRg —with the seRGIUSieR of the— LieRslaead PaFkiRg SteHetHFe Fede pFeeess will , i d e diFeGt+eT, --e R the ultimate lec- at+eT, -tea LiG.RS ie-ad- Trens+t F@Gilrty the — type —ef tIFans+t far.il+ties that may be ReGeSGaFy OR \4 1 AShead Resolution No. 13, Series of 2010 4 5/4/2010 12 -2 -4 Alternative locations considered for a regional transit station include the North Day Lot, the West Lionshead area and the Lionshead Parking Structure. Of these alternatives the preferred location is the Lionshead Parking Structure. The Structure is well -sited from a locational standpoint, allows for convenient connections with shuttles, local and in -town bus routes, and may allow for the phased development of a transit station that can respond to Lionshead's transit needs over time. Affordable housing (in lieu of a transit center) was deemed to be the preferred use for the North Day lot and the west Lionshead area was considered too remote from the rest of Lionshead to be a suitable location for a centralized transit center. Notwithstanding the above, facilities for skier drop -off, private shuttle vans, regional buses (ECO), charter buses and the Vail In -Town bus, as defined by the West Lionshead Transit Study (LSC, 2009), should be included in the design of the ski lift and parking facility at West Lionshead. 4.5.2.2 Concert Hall Plaza Stop The e io +iRg hUo Step -A+ GGRA W DI-»A - AAd - io +ee G.leoe +e nn- �rr�l, I OR-� t r II II free t t�2nS+t �t6f3 --aft 8��,�, -�Q�t. �,,n,�rt+6„ --Qr -t �� Step W i l l Urn rl eeed r, +e PIeRge+ @ nfUI rerle„elGPRgeRt At ('e r,rer+ WAll Dle --A _AAG_J e e-A +e e he + +er Weo +err, pert +e the 1 ier,ohe- d e The elimination of the Concert Hall stop would free up space needed to implement a meaningful redevelopment of Concert Hall Plaza and create a better western portal to the Lionshead core (as more thoroughly described in section 5.10.2). However, the transit and loading /short -term parking provided in this location provide an important service to this part of Lionshead. Any redevelopment of the Concert Hall Plaza or Montaneros will need to address these transit and other related functions. 4.5.2.3 The North Day Lot A AP,A, TAwA At \ /Ail +F RGi+ Step @t the P ed rliGPeroeGl tF@RSPGFt@tiGR .per, +er G.A the AGFth Gl@Y let Will Fep;@GethcX+stiRg Step -At G9-RA-P-I F4cII�zZa. 6+kel��te he er, the eS+ VAil tFa HS4 r +ems +hiS Step W ill +h the r Al h� Step @r,d eS+ VAil +r- RSit ri! -l.,rS to the A 1. ' G -,tee eFth edes +r eFtal The North Day lot presents a location for two important community -based uses — a transit center and affordable housing. It has been determined that this site is most suited for housing and transit related functions on this site should be limited to skier drop -off and potentially short -term parking /loading functions. Resolution No. 13, Series of 2010 5 5/4/2010 12 -2 -5 4.5.2.4 Transit Station at Lionshead Parking Structure /Frontage Road The "Lionshead Transit Center and Related Transportation Enhancement Improvements Design Study" completed in 2009 by the 4240 Architecture Design Team concluded that the Lionshead Parking Structure presents the most viable location for a centralized transit station in Lionshead. In order to address the near -term transit needs an initial phase is recommended that includes a transit stop along the Frontage Road immediately north of the structure. This solution has minimal impacts on the parking structure, can be implemented at a relatively low cost and will meet Lionshead's anticipated transit needs for the near term future. As a long term solution, the Transit Center should be integrated within the Lionshead Parking Structure site; either within a new redevelopment, as contemplated in the 2006 Lionshead Parking Structure Redevelopment Plan, or on top of a future reconstruction of a Lionshead Parking Structure. Transit requirements should be met as outlined within the 2009 Lionshead Transit Study. AFF - tJ :- 4 �+ f 1 — 1 - y r a a memo M DEDICATED WESTBOUND LEFT TURN LANE Figure 4 -6- Potential furring m vements al intersection afEasr Lionshead OreJe and Sawh Fronhtge P&4d Resolution No. 13, Series of 2010 6 5/4/2010 12 -2 -6 The image above is to be deleted and replaced with the image below. OWN mom l k ■Y '� - � 1 �Iy - A� DEDICATED WESTBOUND LEFT TURN LANE F igure 4 -6- Potential rurmag mavements at intersection ofEasr Lionshead Carc1e and South Frontage Road Resolution No. 13, Series of 2010 7 5/4/2010 12 -2 -7 Figures 4 -6a and 4 -6b below are new images to be added r , ........ OI L - I F- - C , r '• ^. •R •etL LA: t z Figure 4 -6a - Lionshead Transit Center on top deck of Parking Structure Resolution No. 13, Series of 2010 8 5/4/2010 12 -2 -8 t y . 'tr 5 r +� • is ��" _ _ `t —.. I .IL ��• `° UDNSRPADPARMG 1-4 i . L it t ii' C a L P" S •.'� t e.. '� 71 W s ^ -'-1� L ;�, \" ►7.. `ti. �4 {.A ►-E r � �� L - � b+ �4.� 4 �: ifs ja �y.`�'�r� yS�-` �' �' Figure 4 - 6b - Frontage road eco stop 4.5.3.3 East Lionshead Circle and South Frontage Road Intersection The intersection of the South Frontage Road and East Lionshead Circle is a severe problem for Lionshead transit service. The first problem with this intersection is the steep approach gradient, making it difficult in severe weather for the bus to turn onto the South Frontage Road. The second issue, often exacerbated by the first, is the left turn movement across traffic onto the frontage road. There is no easy solution to this problem. Reduction of vehicular traffic on East Lionshead Circle would decrease competition for openings in the frontage road traffic, but this is only a partial solution. Other mitigating measures could include the following: Resolution No. 13, Series of 2010 9 5/4/2010 12 -2 -9 e. Removal of Transit from the Frontage Road The frontage road section between East and West Lionshead Circle is the only portion of the Town of Vail in -town transit route on the frontage road. Frontage road traffic and the difficulty in making left turns cause frequent delays in transit service. The route could be modified in several ways: • Create a parallel transit lane on the south side of the South Frontage Road (see figure 4 -8). Although physically feasible, this alternative would require the acquisition of land from adjacent lodging properties currently used for parking, an action these property owners would likely resist. A dedicated transit lane would also exacerbate conflicts at intersections and lodging driveways. • Create a new underground transit corridor between the North Day Lot and East Lionshead Circle. This option should be pursued with the cooperation of property owners when and if the properties in this area redevelop. • Terminating the in -town shuttle bus route at the East Lionshead drop -off (see figure 4 -7)— # GI°^° +h{o @G t;°„ M 9 the M G�' of 91A thG_1A 9 "^vcFtes seFY L was suggested as an alternative to consider in the original Lionshead Redevelopment Master Plan. This idea was re- visited during the 2009 Lionshead Transit Station project. Due to strong public input to maintain in -town shuttle service to the western side of Lionshead this idea was not pursued. In the future it may be desirable to have the ability (for operational purposes) for buses to turn around on East Lionshead Circle at the east entry to Lionshead. The re- design of the east entry to Lionshead should not preclude the possibility of this turning movement being accommodated at some point in the future. 4 C WAII RI 4.5.3.4 East Lionshead Circle Skier Drop Off Lionshead is lacking sufficient, well - located skier drop off facilities. For many years residents and guests have been using the East Lionshead Circle area at the pedestrian entry to Lionshead to drop off and pick up skiers. This "illegal" activity is cause for much of the congestion, confusion and pedestrian conflicts in this area. Efforts should be made to provide alternative locations for convenient and accessible skier drop off. Possibilities include the North Day Lot and the Lionshead Parking Structure. Resolution No. 13, Series of 2010 10 5/4/2010 12 -2- 10 "IN TOWN' TRANSIT ROUTE POTENTIAL. TERMINATION OF ROUTE LAI�1 ST i IONSHE D PEDESTRIAN PORTAL. Ir ! ' � • �M _.yy r � • Figure 4 -7 - Twat i'it Rou& Tennimanom ai East Liowhead Pedestrian Porral Resolution No. 13, Series of 2010 11 5/4/2010 12-2-11 The image above is to be deleted and replaced with the image below. "M TOWN" TRANSIT ROUTE POTENTIAL TERMLNATION OF ROUTE AT FAST LIONSHEAD PEDESTRIAN PORTAL T - 40 l % /4 i t c Fkwe 4-7 - 7�aasit Rauw Terpninativn W Ewrt Luwwhead PedesMan. Portal Note: The feasibility of terminating the In Town Transit route at the East Lionshead Portal was dis- cussed during the 2009/2010 Lionshead Transit Study, It was determined at that time that the In Town route should continue to service the Marriott and Concert Hall Plaza stops. Resolution No. 13, Series of 2010 12 5/4/2010 12-2-12 WEST LIONSHEAD CIRCLE WAX UL }. * I lid �+ ►Vti wM `yam +� — 1� A Li LANDMARK WESTWIND VANTAGE POINT EAST LIONSHEAD CTRCL.E Figure f-8 Parental Transit Poinr Purailel to South Frontage Road The image above is to be deleted and replaced with the image below. Resolution No. 13, Series of 2010 13 5/4/2010 12-2-13 WEST LIONSHEAA CIRCLE /,� �' � � r ���. • .. . ,rte L+ � � v ' ♦` apLr L+- �stt J WkST %qND V&N'TAGE POINT EAST LIONSHEAD CIRCLE Figure 44 - Potential Transit Point Farailef to South Frontage Road Resolution No. 13, Series of 2010 14 5/4/2010 12-2-14 4.6.3 Modification to East Lionshead Circle The overriding goal for East Lionshead Circle is to de- emphasize vehicular traffic and create a quality, safe, and vibrant pedestrian corridor. Specific recommendations are as follows: 4.6.3.1 Eastern Connection to South Frontage Road A prerequisite for improving safety in the pedestrian crossing between the Lionshead parking structure and the eastern entrance to the Lionshead retail core is a significant reduction in the volume of vehicular traffic (except for transit, emergency vehicles, and adjacent residents). It was initially thought that the most effective means to accomplish this would be to connect East Lionshead Circle back to the frontage road on the east end of the parking structure. However, there are several serious problems. c. Transit Conflicts Connection of the street to the frontage road could introduce a new point of conflict between cars and buses at the driveway down to the Library and Dobson Arena, especially if a vehicular drop -off point is introduced at the west end of Dobson. As an element of the 2009 Lionshead Transit Station Project the feasibility of creating an eastern connection of East Lionshead Circle to the Frontage Road was evaluated. The conclusion of this evaluation was that the existing gradient and land ownership patterns rendered this idea to be infeasible. The idea of an east connection could be reconsidered if ownership patterns changed or in conjunction with the redevelopment of Vail International. Resolution No. 13, Series of 2010 15 5/4/2010 12-2-15 LION SQUARE LODGE NORTH PROPERT -Y MONTANEROS LIONSHEAD PLACE I EST L ONSIMAD CIRCLE fi y °y SECONDARY PFlDESTR MARRIOTT IL L, l k If _ I { II t r 7 i � 4 PRIMARY PEDESTRIAN WALK PEDESTk1AN CROSSING REDEVELOPED CONCERT HALL PLAZA Figw 4-10- Inmrsevion of Vonshewd Place ax O Wkrt ;r iowhead Circle The image above is to be deleted and replaced with the image below. Resolution No. 13, Series of 2010 16 5/4/2010 12-2-16 LIONSQUARE LODGE NORTH PROPERTY MONTANEROS LIONSHEAD PLACE WEST LIONS MAID CIRCLE SECONDARY PEDESZL ALK y -' MARRIOTT L Ip � % MM "Y PEDLe MAN WALK PEDESTRULN CROSSING }tLI)P'Nrn0PED CONCERT HALL PLAZA Figure-9-16. Inrrrsec=n ofLiaPmhead Phwe and Weil Li ywhwwdCircle Note: Potential redevelopment of the Concert Hall Plaza contemplates the removal of transit transit stop/short -term drop offand loading facilities and the use of Town -owned land to implement this redevel- opment. The feasibility of removing these facilities adjacent to the Concert Hall Plaza location was evalu- ated during the 2009/2010 Lionshead Transit Study and it was determined that these facilities should remain in place. Any redevelopment of Concert Hall Plaza will need to address these transit and loading uses. At d tF@RSPGFt@t O A the l _. 0 A_.Ac_;hP__Ad_ -Are-A. This f@G W ill Resolution No. 13, Series of 2010 17 5/4/2010 12 -2- 17 StFUGtUr eF R West I i Rshead This ^ ept is filly rlio^Ussed O chapter five 4-6 7 4.6.6 Simba Run Underpass Currently the Town of Vail has only two north /south access points between the North Frontage Road and South Frontage Road between Main Vail and West Vail. It has been contemplated that an additional north /south connection be established west of Cascade Crossing. The need for this underpass will be accelerated as a result of the Town's redevelopment plans for Timber Ridge, West Vail and West Lionshead. The redevelopment of the West Lionshead area should be done in a manner that encourages this new connection to be established in the future. It is recommended that the proposed amendments to the Vail Transportation Master Plan provide direction on when public improvements on the Frontage Road need to occur and how they are paid for between public and private funds. The current boundaries of the Lionshead Urban Renewal Authority should be amended to include the location of the Simba Run underpass. 4.7.3.1 West End of Lionshead Parking Structure shead e ^r^ ^ „I,- [: 1:9---;it-At- the .yest ^Ad- of the 6+c�s;e ;gstFUGtUFe. This f rnG (See f 4 4 4) Eeu seFYe- Up te 9 Yeh At -a ti l:Ae OR f^ l I r d ^ - h I ^ p; ^ ti6, r- rvT StFI�St L�{�rTS cr c6�rt 'v m ° the frAm fl"„ t (, A tFAffis ARG] +h° Peden +ri@R betWe r, +h° kiRg Wpm �rvvrvrcra �TCT'I'L'T ITe�OTl� l.7rC'0'0'liZTr Ll"Rig rl r° �Ir! h° ff °s „° +G + $t�NcttFr� c'�"icr '� °! crc�vtrhar�r m rrrc' II rrr— TIC r�^�vt- errcz+in -P� c0 irrvrr G-9 - be i p I'�'-.n the G. GG.RStRUctFer, Gf @ r,rl deli„ °r„ G_P_.AtP_.F G.A the rthi day =lAt. .661H P- S c rte y. gmth this; -k atie;, -are Thi e fee the tee rleGk At the TTr �c C�rrr �e 6 orrizs�StAl"z rc ent+Fe west eRd er- the site, j;,eW nsteFage heFe wee,a- f,o -rm,ge , A -AI s(,s +s SrhelIItrri —;P- , .,rl fFe -!user ffepeF , The idea of a non - structured central loading facility at the west end of the Lionshead parking structure was presented in the original version of the Lionshead Redevelopment Master Plan. This idea was further evaluated as an element of the 2009 Lionshead Transit Station Project. Due primarily to the grade of East Lionshead Circle ( +8 %) as well as the visual impact of Resolution No. 13, Series of 2010 18 5/4/2010 12 -2- 18 this use and conflicts with parking structure snow removal areas, this idea was deemed to be infeasible. The goal of removing loading from the east entry to Lionshead in order to improve safety and the overall pedestrian experience remains. Loading for businesses in the eastern end of Lionshead can be accommodated from the public loading spaces located within the Arrabelle project. 4.7.3.3 Vail Associates Core Site As the single largest service traffic generator in Lionshead, the Vail Associates core site redevelopment ( Arrabelle) will provide for its own service and delivery ., ddi the Pl^.,�� RtP_d_ +r, the Vail TAY -, 1291 I..G by needs. I ,,,�t+e; -� se�� PHbliG ase leadi^^ de9k be deSiq„ed iRte the In addition, the project will provide a minimum of three loading spaces and up to six loading spaces available for public use. These spaces will provide loading facilities for properties in Lionshead that do not have on -site loading capabilities. 4.8 Parking Parking is a critical component in a mixed -use resort environment such as Lionshead, and any efforts to enhance this component should adhere to the following goals and guidelines: e. Parking requirements should not constitute an unnecessary disincentive to redevelopment. A thorough review of the current parking pay -in -lieu code and parking ratio requirements is recommended. Given the above discussions it is important that parking requirements accurately meet the true parking demand of new development and redevelopment. For example, a stated goal of the m^n master plan is to encourage, facilitate, and provide incentives for the expansion of ground level retail in Lionshead. While this expanded retail will likely represent some level of incremental increase to public parking demand in Lionshead, this demand needs to be accurately understood so the parking pay -in -lieu fee does not make the retail expansion economically unfeasible. 4.9.4.6 North Day Lot The North Day lot is considered to be the preferred location for a significant housing project in Lionshead to replace the Sunbird affordable housing project and provide housing for new employee generation. The W D -ay L et may ^I^^ R to a l,. ate a tFaR^it e RteF eR the g Rd le of the d site Additionally, it may be necessary to develop a higher revenue - generating product on a portion of the Vail Associates service yard, Holy Cross, Vail Professional Building, and Cascade Crossing sites in order to defray the cost of road and infrastructure improvements. Resolution No. 13, Series of 2010 19 5/4/2010 12-2-19 In planning the site, the following issues need to be considered. While it is important that buildings here be visually consistent with the overall character of Lionshead, the desire to maximize the housing potential may make appropriate the following deviations from standard development parameters: (in part) CHAPTER 5 Detailed Plan Recommendations This section of the Lionshead Master plan examines individual parcels and groups of parcels within the Lionshead study area, excluding the residential properties on the south side of Gore Creek. The intent of this chapter — and the Master plan as a whole - is to identify important functional relationships and visual objectives within the district and to propose a framework for the long -term redevelopment of Lionshead. The document does not intend to limit or eliminate ideas relating to specific parcels; any proposals consistent with this framework should be considered even if they are not anticipated in this document. The parcels addressed here are organized generally from east to west, starting with the civic hub on the eastern end of the parking structure. 5.3 Lionshead Tourist Information Center The Lionshead Tourist Information Center is currently located just west of the entry to the Lionshead parking structure and is accessed directly off the frontage road. If the entrance to the Lionshead parking structure is relocated as shown in figure 5 -1 this existing facility will need to be relocated. Potential locations for the center include the Future Vail Civic Center, and the parking structure. , asst I . Ahead 5.5 East Lionshead Bus Drop -off Area This area is an essential pedestrian connection between the Lionshead parking structure and the Lionshead retail mall. The master plan recommends the removal of service and delivery activities, skier drop -off, and shuttle vans from this area in order to make pedestrian crossing safer. Other improvements include: 5.5.2 Transit Stop The tFaRSit a al aR d . FeP eff ., RtS she old be Felel.a ted slightly to the e of + frr, Fki.,., rJ o liAP_a the d d - l9"IT T� "rm-n�S•t�N4t�� � ��� r LCO�T�Ji �T C'Q'J't QTIS! vr'i. A_ d h H8 St9pis. It s;hA eS� S 19611; 'cARP. .aAh d d c'm -cr tUFRaFE)LARd W 50fee Fa d i U s. IR l, F deF t8 ffla the !,cd eStFiaR'S Resolution No. 13, Series of 2010 20 5/4/2010 12 -2 -20 Up r GlFe piRg eff p The transit arrival and drop -off points should be re- designed to provide improved transit functions and a better pedestrian experience. While pedestrian and bus conflicts will always exist given the need for people to move between the parking garage and the east Lionshead portal, significant improvements can be made to landscaping, sight - lines, pavement surfaces, grades and the aesthetic quality of this area. 5.5.3 Potential Building Infill Site t F-AR i t G]Fep e4 , the tF -ARsit Ste sFZZe, A S II cc II i� -,fill rl P_Ve 19 Rq e R t cc ^^``^^'' d h�� a Oi�T to P TO�PP9T�lG�ZTTJ� f V a n' , pFeseRtS se" •, Fa l ^ eppektR i t FWSt, i t w ill ab the GFeatfeTR ^ e f a StFeRg / � ,.,- ,.. c ..AtA_ +h., PPAAil e c y1 .A. d�� : 9 etke. p �- of th th �. Kil -Ie t {3 G�SIt - GA S ; tthe � G t'H e ms i t bF the Fet'H�T lrt1 the o ^,� St RAt 'R , T � ' � H ^' � T ,, �, ^ i ,, �, ,,, t�IR t99 °o"rr°@"@t8 r o fA Te ,. A At V@ to help f Rd the P l9liG im RtS det -,ile -1 O p the M @S t eF PI@R At one time the Master Plan contemplated when the skier drop -off and service and delivery functions are removed from the transit drop -off area, the transit stop may be reduced in size, yielding a site suitable for infill development. This property functions as road right -of -way, owned by the Town of Vail. While development of this area would potentially create a strong gateway into the retail core and better definition of the pedestrian corridor that connects it to the parking structure, it would also eliminate the opportunity for a softer landscaped entry into Lionshead. Development within this area would also preclude future transit uses. For these reasons the potential "build to lines" at Vail 21 and Lionshead Center have been reduced in scope to not encroach into Town -owned property. Refer to Map S for a depiction of these build -to lines. 5.6 West Face of the Parking Structure m APPIeFte FeRHeVe SePO YP fFAFA +h.,i. G II FFP At Il GAtiAA it +he .,.,destr �-, .,,, 6r"$SSafb"' - c�-c@Fea,�a S2'r�c"r�c�e deliVe Fy f@Gility ShG il rn�de�� ° Ltie .J f h,�-, 9 a��3 fig ,� �, stems ^ s„�, str�4t�- s e This area had previously been contemplated as being used for loading and delivery. However as previously mentioned this is not feasible. This area should be preserved for snow storage and access into the Lionshead Parking Structure. Resolution No. 13, Series of 2010 21 5/4/2010 12 -2 -21 VkLLPUBLIC LMRARY D0 3SON ICE AXEN PDTENTL4L DST ON WLTi FACE OF SFRLIC URE r _ _ 4 N ! r - 7 r 4 w �r� .s. � � i.+.` tir � �. +a+� 4.a. 5� � ti raw 4 '�,• � .• J CONNECTION BETW DOB SON [4E. ARENA I kND PeTENIIAL CTS+IC CENTEPL COMPONENT VALIL INTERNATI€lN.kL � EST LIONSHEAD FEDE SR' 4 AN PORTAL Ftgwr -r 5 -I - Mall CtWe Cemr and Em YT LRin h—d The image above is to be deleted and replaced with the image below. Resolution No. 13, Series of 2010 22 5/4/2010 12 -2 -22 VAIL PUBLIC LIBRARY C OMON ICE AREM POTIUITIAL DHVEL0PlU2qT ON SOETM FACE OF SMUCTIM NO L i •.err t w r4ti i. l° 1i' - ��4 # !e'er S`� � • �L �} f _�� k T — le I l it LIDt3NSlf1" kPARkI`6Gl v 1f37F"NTI A I - rm r!?NT'FR cY1hiI'C xEw COME" 3N BET MEN QC7MN WE ARENA , AND MTENTIAL L'MC CENTrR C0%0 0 4ENT VAIL R4 TEA-NIAT ON_kL EAST LIDcNSHEAD PMLSTRL" POMAL r4we S ! - rag Ovic C mmasr and Eeaa LkmAeud Resolution No. 13, Series of 2010 23 5/4/2010 12 -2 -23 ENHkNCFI PEDF-ITR1ANACCESS TO EXISrTNG $EIACL, SPACE M€a� PLAZA WWI �rT•.In(I r,[ &F CROSSING ING I — ` [AND°d1ARXFOCAL PGDJ MCPANDEDTNFILL AP..7A IL Jf TT7 0F' a. si &P v a 14- AW I 1L L vKjIA ARy pEl]L : -1ti ENT, LCIRxu:poH MANSM 510P LOCATED Wr OF PRIMARY PfJ)F-S7RLD%N FLOW PA'rMN I FTA-EL DE CAN FACE OF PAFIKD(G STU-C7U The image above is to be deleted and replaced with the image below. Resolution No. 13, Series of 2010 24 5/4/2010 12 -2 -24 ENKA6NCED PFDESTRUN ACCESS TO EXLMM'10 =AEL SPACE F XPANDE1 AMILL RETA II is TREEMPS _ RITAIL r� "AIL 21 I t r r �f TRAFFIC CONTROL STATION WEST IN / WEST OUT SKIER DROP OFF NHIWARY !ED 'E TRI" E+T TRv COR1kIDUR RETAIL :)EVEIOPME-'T ON FACE OF P MKING STUC'TURE FfRure s -6 -Emt LianAgad Peks n Pvr4pd Resolution No. 13, Series of 2010 25 5/4/2010 12 -2 -25 — [1 AXC D RETAIL EXPANSION k . • t`.a � I 1 f ED EVELGP.ED LIUMPFUDE BUILULNU REDEVELOPED PARKWU :K RETAIL EJPA[ VON Fi 5 -7 Mm w AmdArcade, KzU 2!, Li Lodge Liomp€ide dMd R9de% fQPed Farkrg Deek The image above is to be deleted and replaced with the image below. Resolution No. 13, Series of 2010 26 5/4/2010 12 -2 -26 { RETAIL E"ANSION l �. —► . � y j a e OF ' L a r _ r ValH 21 RED EVELOPED L]4 MPKIUE 2JUt1 —D1NU / W—O LVELUPED PAFtICENU DECK RETAIL. EXPAN&ON Figwv 5 -7- LJamhmd Am ade. VaU 2!, Lifi owe �eE bompnde and Rlrt ^c aped Par*irg Deck Resolution No. 13, Series of 2010 27 5/4/2010 12 -2 -27 ACCESS DRT6T..S EAST -WEST ORI NM- D VE"MOFMENT ON E7C STU G PARKRNCIr DECK NORTH- SHIFTH ORIENTED DENEDOPIwiENT SPANM UNG ACCESS DRBrE WE9 WI Nr. VANTAGE POINT 1 _ A LJO S HEho ARCADE 'VAIL 21 RRT M EXPAN€ION WV NF111 F4%w 5t4j• Abo*an c .Rez; i, )[.Tnchr Lipp mnift a bVrPT&3EU RuUdgg Sife The image above is to be deleted and replaced with the image below. Resolution No. 13, Series of 2010 28 5/4/2010 12 -2 -28 ACCESS DIMS E.ASTAVEST ORIEWED DE VE-L)0FM N`I' ON E XTST U G PARKING DECK NORTTI -SO= ORIENITED DEVELOPMENT SPANNING ACCESS DRIVE WES'rt'4I14I) VANTAGE POINT" qi LIONSI EA0 ARCADE VAIL 21 RETAEL EXPANSION XND WFML F i gwv 5, AF*"Wive Re4owtoMotr Uppormn iiy a Lcvmprr4 amildmg Sihr Resolution No. 13, Series of 2010 29 5/4/2010 12 -2 -29 UONSHEAD ALKCADF LTONSHIA-7 CENTER VA[I. ASSW ATER CSR STT LA%OMARk: RETML CONCERT HALL P LAZA . ° i � � � ■ 4] ' I� 10- �. r. �. r � �� � * 7� I c IC. file * + ' " ■ s L _ el _. s � .l �� 'r ate._.. ■ -� L* =am WON of V. L• 1.- a.eir }�k 4 T rPTVf lNrt T nnC4t V'AL 21. Fgw 5 - 8 - I.ioasha�d .d2e[ r! ° art A The image above is to be deleted and replaced with the image below. Resolution No. 13, Series of 2010 30 5/4/2010 12 -2 -30 UONSEF-AD ARCADE – LIONSUFAD CENTE —€ VAIL ASSOCIATES CORE SrM LAN RHTAJ1_. CONCERT HALT. PLAZ - •. �T r � � � _ w �1, rte' i1 ? IL a4 v Z • s .+r� �" ,1 1 6FT OW MF. i DTUF VAIN. 21 FWav 5� - Pear okmd Rdai! Com Ar" Resolution No. 13, Series of 2010 31 5/4/2010 12 -2 -31 IM A.RY PEDESMUN C[3 fS SKI YAFW WEEFIlUM POILTAL UGNSQPJAkk LUWE PM RUN WALKS Ik i f Y 4 { ��� 4 �.r a °. •,_._.a. *, J .. .:. 1. M1 + 4 * r / .E .A 5T LT GNSF EAD FED E5TPbkN PMTAL LIONSFEADFARKENG 5TRLIETLLME WFZT LIn HFAn% pF, ?)rSTRTAX FOR7. AL r! ,5®p - -W#fI and NarA -Sauk Lw%rhmi Cam Pedalrf&m Cofrrdors The image above is to be deleted and replaced with the image below. Resolution No. 13, Series of 2010 32 5/4/2010 12 -2 -32 PRINT AY P DE– %T'RLA% C+ RRID)RS SECONDARY PEDESTRIAN CORRWRS SKI YARD PEDI=5MAN PORTAL ! UONSQ -TARE LOU& PEDESTRIAN WALKS ' 1.6 4'» •_ �.�:• � — — � 4s -- _ , may ._ _ , EST LIONSHEAD FEDESTRIAN PCRTAL — LION'SHF_AD PARKING STRUCTLRE NOFTT I LIO SE l minas uA,fi f L AzA VIFST i inMFfFAC] PF.MSTRIA_N POR -AL –J F[Rurc 4 -E w -Weyr anrd Nnrnh -Sarah Ldauhead Coro Pv4i=Lm m CUmdars Resolution No. 13, Series of 2010 33 5/4/2010 12 -2 -33 PFDRSTRIANMICY ACCESS :WEST LI(3NSFLE'kD PE'iESTMA.N ?ORTAL MONTANEROS % t # RFI3E4"ELIDPED CGHCERT H.4U N-AZA. = FLRF. LATr^ NEW PEDESTRIAN �'ORRMR LIONSMAD RUTAIL " Ftgwu 5 -1) • Wear L onsh+,gd Maul Fedmtmn Gonu lum The image above is to be deleted and replaced with the image below. Resolution No. 13, Series of 2010 34 5/4/2010 12 -2 -34 PEAESTRLtNMICYCLE AME5S WM*r LION5HEAD PEDESMA.N PORTAL AL --�� r F y +J (rt REDEVELOPED CONCERT HALL PLAZA FrRELANF NEW PEDESTRI.A,N , - , ORRIDOR Lt +3NSFlE� {? Rr.T,UL MALI, Fi 5 -11 -Wert Lionshad MallPedearim Carmcriam Note: Establishing die West Lionshead Pedestrian Portal was predicated on the removal of transit, drop -off and loading facilities. During the 2009/2010 Lionshead Transit Study and it was determined that these facilities should remain in place. A pedestrian portal in this location is still desired, but will need to be done in conjunction with maintaining transit, drop -off and loading uses - Resolution No. 13, Series of 2010 35 5/4/2010 12 -2 -35 PEMMANMICYCU. ACCESS W"E M LIONSHEAD PEDESFrt1AN PORTAL Ar i r c � Y RZDFVFLDPUDCON I T HATS PLAZA FIRE LANE LICKMEAD LETA& Nk-% L LWFr4Fce .�a!1 r'caS[ st-fan { ,)nna:rYrr)rci The image above is to be deleted and replaced with the image below. Resolution No. 13, Series of 2010 36 5/4/2010 12 -2 -36 PEDESTRLANMICYL . ACCISS WESTLIONSHEAD PEDESTR[AN PORTAL 1 }'. N t t 4 REI]ES+ELCtPF[3Ct}N FALL PLAZA FIRE LANE LICN&HEAH LETAIL MALL FWw 5.12 -Weir Liowhead -Wall Psdfrtef4m Cdw4 -oohs Note: Establishing the West Lionshead Pedestrian Portal was predicated on the removal of transit, drop -off and loading facilities. During the 2009/2010 Lionshead Transit Study and it was determined that these facilities should remain in place. A pedestrian portal in this location is still desired, but will need to be done in conjunction with maintaining transit, drop -off and loading uses. 5.9 North Day Lot k4hilo +ho Njgpth P@Y I Gt io V@tely G WR of (,f I@Rd GOderatiAA shAI yid he. 9 e R b y # d-the T G I.A.4 A t A- ;n I U d t ;inG P G Ft @ t 9R seated- aS;elr tm r ideally he d fnr the s she ild OAGII Arlo Resolution No. 13, Series of 2010 37 5/4/2010 12 -2 -37 bus dren eff and n r.L Up ( go re F 13) By rele^a+in.. these fl In^ +inns from their e is +inn IGG@t +e e siI„ @ sihle Il,^-A +il,ns this I Ilrl im e the nI mitt of „ehi ^III -ar -Anr! nedes+ri@n ^ ^III- A +iG in I i.,nshe- d -AnrJ ^ e-A +e -A S m q R m f m G@Rt R eW edes +ri-,R Per + -,I ir, +e +he s r, +er of +he I she-„J re +-,il m-,II m @Sea th P_ atthi4aff.. St dr ' (See @ r dOX A) the .Jm^I-,e FSed +r@nsner +-A +inn far +ins m n..11 de: a. C�ier rl Fe eff, W ^ r„J P P - At -, hI I+ PA PIPRAPAtS \ /A h TA,�,n f il � 5+ t: T,�,e hI IS SPes n to , G r1e.J A. 401TV"I�Tl1T l'T 1Y0"PIJCr erJ -� +e +he \A /es+ \/-ail +r@nsi+ IGGP @Rd the n s{hili +„ fGF @ e_ASt r WkAVA ash #letep. G. ReeieRal +r- RSit QRe hI S r, rll, rl arse; - h, I Three fe, Ir hI I Sees enrlerJ ase sa� �e �s e I e al and r al shuttles: CeI Ir shuttle It she-1-I'd he ne +erJ that the Ner +h D@y I e+ is -III n Gel of I@nrl -Anrl +h-A+ +he Wi th li +„ rle „ell, en+ Ile,.,erl rler Zefi ��fer to r FGpel4y (the S O 'rerer ! e de„el,nmen+ ' +e fer the z yr v�.�rvpc r3 vrcczi3vrrSrQ ll l S*cc�vrcrn. PHFPeSeS Gf z F-Fic°TC- 1A°c°cixS -t6 he --A the de„ele en+ I Rd �. I ,Je � ^� ;� ^� -e e hli SeS� Se�e�S. �� te a RqOROMHRq rskmeF rlr.,., eff MU St ec ^ eR th Site. As d'SGUIsse` be the LieR shead ., F kmr,e s+rl Is +I Ire and West I she a Ise e „i,Je e er +I Ir,i+ies fer A f the +r- RSP er+-,+i er, fI I „- L,r, .,, -1 -, h.,, ri „en the im @.. +s of @ I Ihli.. +r@nsner +e +inn I A J +e m e +he be aQrC]jCGQ CG al l01 Q m ere flexibility te the preperty ewner (see nd @ ,ed by the DI@nnin9 @Rd Cn „irenmen +-AI Gemmissien n,� � -r"ca• A ^ 'eer - WF �eYe ,Rmcv F�Hc�gate vr th PFeSe r,^e of I Ihlis tF@rr SPeFtMme rrf@G mlm Me ffep the � alb,., fer A-f G .A. the el of I@R e ed by the TGWR G A the peTL'h s ArL'1"F'e Aek'1"I day l et. FtiTS P PAe Ar'F�Hay @ he [CTTTFt There m „ he @ R eed +e m nh@n e the nedes +ri@n hrirlge -�hI I +men+ -Anrl @GGeSS @S @r+ of the +rensnGFt@ +inn f@Gmli +„ en the -Arli- Gen+ I anrMa Te,,er -Anrl Te,n,nhem -A es nr! the Fe� \A /es +,,inr! rlenii. +erl i f'mgHe I I r hilrlinrl SE re nr!/er IandSE-� eape- h"f�S "e.. eRded the sit + h l h I a-t t SezF e- rr"'rc^ �`�ev i r arse co Sc ^ cr"'r + mi, I ^ �"' ^r - iTr + mi, �a d I ffepeFt , ^ vrA thP_ tF- , - Spurn+ err crri +c�'. I f ReGeSSarF”' to pFeV J^ ^ cr` J cqHate hHfferinrl A V. 1 - All er fen^e in I Ilrl e ^ rl /.e CC f F ' GA _ U' h �I'Ci Cr- T� GCi Resolution No. 13, Series of 2010 38 5/4/2010 12 -2 -38 all feed and beverage e ra +ieR Rd a ele..a +er e e +e the pedeStFiaR Fnall level fer ADA a ^eSS Reeds. Te the east, ar thwerk, IandSGap Rd/ e e ther ohe1 1l J he e SirJererl +e hl offer the Westwi --, The diSpeFSed tF@RSPer +a +ieR f@Gili +.. w,a.. he Ge h.. eFRple..ee hey Sir 9 er 9ttKFcFSP-S GeRrteFHP by the L SAP -a` c P-1 lJSe ZeR 4 @Rd aR eicmTst�Br"rS cc'i'crt�6r"rS r.'s6cisse`J herein, gr, GifiGaI the esigA At the tF@RSPer i Id lJrl I d Rd t &t, f,6,.,��.,f{T� ter re �,,r, aI r+�� S�SF��Se�F srpe t�lixcR;@y cmv°ttic` PPG cc° -RCM W6; a - cAAC -1 WA 1 AAC- 1mrc',rr ohei old he GIGSely the +r- RSA+ eeRter r,l@r,RORg @Rd rleo�r,r, r, Qir,ee the order, +iGR of the 1 i ShearJ Mao +er RerdeyelepmeRt Dla- -I--- deV t6 ate a TF - At the tb Day l_6tNRteg,FatRg the rr,her of er, +il,r,erJ _AAA - ddFeSSORg the R nhh(,rh(,(,rl e rega rdi t♦•a o te` the Tr, At \/ail + I + I+ rcrmrg--ir arrSFt�c -Rtr cr cv� "- �c'c"rtcru rri=v=i. 1 AGAt+6,?S fAF a tFAASit APAte;r UePRAt P 1 AGAt i ARSTlG l ' Ap West I ; Sheard 1 heard Parkins, 941 1r` +1 Ire IR 2999 +he Te,nm of \ /ail iAi +ia +erJ ; ;A 61 Pd@t@ of +he Vail Trar,or,er +a +ier, MAgtpr D 'N add theme Rtf_Ate J,, Ve l er , rReRtGel:RpetitfeA fATthe �G DaFkiRg C4-H-4W--e .,hieh ORG irJe a tFarrSEt f@G I t O S rJerJ -At -e Trar, p SPGF +a +er, �Ao +e+e ens, � i th the � rcrrT�vrcacrorrmu r Rl_AA d cczi - vvr • +h the e(, r,el oier, of the I i . AShead Parkins, Q +rue Wire RF r, VWe rJirer_ +ier, e the ,I +iw,a +e Iona +ieR fen a 1 shear- TraAsi+ Ca..ili +.. At the time the Lionshead Redevelopment Master Plan was adopted the North Day Lot was identified as a potential location for a central transit facility. During subsequent study of the site in 2008 and 2009 it was determined that the Town would not pursue locating a transit center on this site. In lieu of a transit center the North Day Lot has been programmed to provide affordable housing along with a skier drop -off parking lot. Resolution No. 13, Series of 2010 39 5/4/2010 12 -2 -39 PEDES7RIAH PORI' T%A- CENT6R ARRIVAL FACILM LOCALIUGIO AL SEUM- CWAJ.lAMT{}XkI -TkA 9IT AND CHA - RTER BUSM K DEVI!L[JkkilMM) VA I'Lo ' ANi]MARK: T01AWHOM 6S .; LAttTL]IriA.EIA - ■ was r _ .w , .. I - - EXIS TING PEDESTRIAN BPMGE TRANSIT VEH CU CMC 1LAr101d L AC4:ES5 '[U KtLUW -. i'T&LJC I'UR E SERVICL- AND DELIVERY F,4CILn - Y SHCRTTERM SKIER DROP -OFF PaEA LANISCAPE % REPY NG TOWARDS'WESTW<Nd CONI3C)MP�TI"S Foj I -JS - Pmpvged N*ih Tkkv Lug Trmwu C The image above and below are to be deleted and not replaced. Resolution No. 13, Series of 2010 40 5/4/2010 12 -2 -40 POTENTIAL Q CYAL SPACE � BU : I � L �� TAEIOVF NORTH DAY LOT �T �-ry I,Gi'EM NORTH DAY LOP TRANSPORTATIDN CEWnR � POTENTIAL NORTHSt7M CONWNENT L1F RECEVELDPED LASM"K TOW POTENTIAL COMMON L011111 $FACT,' TOWt>H5 FOFEN TL L P -W - 1�' E5T C[PI11a1i JNENT REDENEWMD - LAINT *AAR1C TY?VMHObaS ' t & i" R A AL 4 „ A �, ILI r d ? RETML I i4LCaT]AUERI? II I i I NEW PEEPEn RL%N AND EMMtC+Eb= VEUCLE CORRMUR PMYNTE& L JL DP - -SAC DR4PflFF A" GLACE TLL NSfTTON 1NIU Rf 1'A1L CORE 61F7]L•S'EWPED CONCERT HALL PLAZA WEST LICSNSHPA[]I CRCLE F M 3_I 3e- Ally liw drdewdgpmemf Gkpm1U0ejY On N aAh Oar lnr 7'rr+,tEiaMtk m CCAW U& NOES, Tic paumtW commm al ixnnv m=descnIodal ft "hie will Tegnm m1b" Maw Grade on]M- Mi nwkie.0 n of -ffile cmMmu 5.10.2 Concert Hall Plaza /Montaneros Concert Hall Plaza was intended to be the western portal into the Lionshead pedestrian core, but pedestrians can't see where it leads and don't use it. When this property is redeveloped, a priority will be to create a connection as direct as possible between the western terminus of the pedestrian core and the intersection of West Lionshead Circle and Lionshead Place. The concept illustrated in figure 5 -11 would require cooperation with the Town of Vail to Resolution No. 13, Series of 2010 41 5/4/2010 12 -2 -41 remove the existing bus drop -off, as well as Montaneros and the Landmark Townhomes. (The scenario in figure 5 -11 would require a small property acquisition from the Landmark in the northeast corner of the redeveloped structure.) The redeveloped structure could accommodate a vertical residential component as well. This is the most feasible solution for a strong pedestrian connection, but the best solution would entail a cooperative redevelopment effort with the Montaneros. The Town of Vail should make all reasonable efforts to encourage and facilitate this redevelopment. However, the need to maintain a bus stop and some level of short -term parking and loading /delivery functions on Town -owned land adjacent to Concert Hall Plaza will be an important consideration in the re- development of these properties. INTRODUCED, READ, APPROVED AND ADOPTED this 4th day of May, 2010. Richard D. Cleveland, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 13, Series of 2010 42 5/4/2010 12 -2 -42 Resolution No. 13, Series of 2010 43 5/4/2010 12 -2 -43 a'J _ Ar 1_ -� '`• � ', f7} Pmy . ,, � .� > '` Pir � 'fe i AR . a d ^ s•. n r r I � � 1 5/4/2010 12 -3 -1 B 1_!N 4240 Outline of Today's Session Part 01: Transit project overview Part 02: Role of LHMP in development of project Part 03: Overview of proposed amendments Part 04: LHMP goals addressed by project Part 05: LHMP proposed amendments Part 06: Next steps Vail Lionshead Transit Station_ Part 01 Transit Project Overview — SaN rr�TAGE ROAD - .. corm =aT - ------- .. - -- - - -- PL.na+ ti j _I - - L l Concert Hall Plaza Improvements Left Turn @ ELC /SFR z Skier drop -off in Portions of East Mall Auxiliary Building Replacement — Modified Southwest Portal Bldg. LHPG west in /west improvements & Masterplan out Amendments 5 12-3 0 12 Vail Lionshead Transit Station 4240 Part 02 Role of LHMP in development of project PROJECT GOALS Provide World Class Comprehensive Transit Operations: Create Facilities within Lionshead To Improve Transit Efficiencies To Serve Current & Future Needs. Encourage Ridership & Promote Transit Oriented Development: Create Safer, More Inviting, Flexible & More Functional Portals to Lionshead: Improve East Lionshead Circle & Concert Hall Plaza Bus Stop Areas. Left Turn onto South Frontage Road From East Lionshead Circle "Chute ": Improve Conditions of the East Lionshead Circle "Chute" & East Lionshead Circle / Frontage Road Intersection to Enhance Traffic Flow & Safety Considerations & Accommodate Future Redevelopment. Implement Applicable Goals of the Lionshead Master Plan Intended to Enhance the East Lionshead Circle & Concert Hall Plaza Portals into Lionshead by Creating Aesthetically Pleasing, Active & Inviting Public Spaces. 4 2010 12 _, -4 Vail LIUIINieau i Ian51l oinofl 4240 Part 02 Role of LHMP in development of project *Identified relevant elements of LHMP early in process, monitored throughout *"Tested assumptions" of some LHMP suggestions *Addressed "changed conditions" relative to some LHMP *Allowed the LHMP to guide the design process, find balance in design solutions Vail Lionshead Transit Station_ Part 02 Role of LHMP in development of project •Inter - relationships between LHMP goals and objectives *"Trickle down" effect: North Day Lot and Concert Hall Plaza East Entry to Lionshead *Different "types" of amendments: 1) Documenting previous decisions 2) Re- visiting old assumptions 3) Proposing new alternatives X 12-3 0 12 Vail Lionshead Transit Station 4240 Part 03 Overview of proposed amendments Chapter 4 — Master Plan Recommendations - Overall Study Area Chapter 5 — Detailed Plan Recommendations 12 7 Vail Lionshead Transit Station_ Part 03 Overview of proposed amendments Chapter 4 — Master Plan Recommendations - Overall Study Area 4.5 Public Transportation 4.5.2.1 Regional Transit Stop 4.5.2.2 Concert Hall Plaza Stop 4.5.2.3 The North Day Lot 4.5.2.4 Transit Station at Lionshead Parking Structure /Frontage Road 4.5.3.3 East Lionshead Circle and South Frontage Road Intersection 4.5.3.4 East Lionshead Circle Skier Drop Off 4.6.3.1 Eastern Connection to South Frontage Road Chapter 5 — Detailed Plan Recommendations 5.5.2 East Lionshead Bus Drop -off Area /Transit Stop 5.5.3 East Lionshead Bus Drop -off Area / Potential Building Infill Site 5.6 West Face of the Parking Structure 5.9 North Day Lot 5.10.2 Concert Hall Plaza /Montaneros Vail Lionshead Transit Station_ Part 04 LHMP goals addressed by project "Amendments to LHMP is a misnomer 5.,010 Vail Lionshead Transit Station_ Part 01 Transit Project Overview LHMP Goals and ObjectNes -Expansion to transit operations in Lionshead - -Removal of uses and activity at east entry to Lionshead I i -Up to south side of Lionshead Parkin Structure pg g I -New visitor center -Turn lane at Frontage Road /East Lionshead Circle •Streetscape improvements at east entry to Lionshead SCU - H FRONTAGE ROAD y � 0 illll�l 111 5/4/2010 12 -3 -10 Vail Lionshead Transit Station 4 -� Part 05 LHMP proposed amendments Chapter 4 — Master Plan Recommendations - Overall Study Area 4.5 Public Transportation -An efficient transit system is critical to the character and environmental quality ... -an expansion of existing transit facilities will be necessary. -define a solution for establishing a central transit station within the Lionshead area. •A "model" for a central station would be the transportation center in Vail Village. -Transit station facilities .... based on both near term and long term needs -it was determined that over the near term between 9 and 11 bus bays will be needed and that in the long term up to 12 to 14 bus bays could be necessary •.... there are no perfect solutions for a transit station from either the standpoint of location or cost. • a phased approach for transit station improvements is appropriate. Vail Lionshead Transit Station_ Part 05 LHMP proposed amendments Chapter 4 — Master Plan Recommendations - Overall Study Area 4.5.2.1 Regional Transit Stop -Alternative locations considered for a regional transit station include the North Day Lot, the West Lionshead area and the Lionshead Parking Structure. -Of these alternatives the preferred location is the Lionshead Parking Structure. -Affordable housing (in lieu of a transit center) was deemed to be the preferred use for the North Day lot -The west Lionshead area was considered too remote from the rest of Lionshead to be a suitable location for a centralized transit center. -facilities for skier drop -off, private shuttle vans, regional buses (ECO), charter buses and the Vail In -Town bus, as defined by the West Lionshead Transit Study (LSC, 2009), should be included ... at West Lionshead. Vail Lionshead Transit Station_ Part 05 LHMP proposed amendments Chapter 4 — Master Plan Recommendations - Overall Study Area 4.5.2.2 Concert Hall Plaza Stop -The elimination of the Concert Hall stop would free up space needed to implement a meaningful redevelopment of Concert Hall Plaza and create a better western portal to the Lionshead core. -However, the transit and loading /short -term parking provided in this location provide an important service to this part of Lionshead. -Any redevelopment of the Concert Hall Plaza or Montaneros will need to address these transit and other related functions. Vail Lionshead Transit Station_ Part 05 LHMP proposed amendments Chapter 4 — Master Plan Recommendations - Overall Study Area 4.5.2.3 The North Day Lot -The North Day lot presents a location for two important community -based uses — a transit center and affordable housing. -It has been determined that this site is most suited for housing and transit related functions on this site should be limited to skier drop -off and potentially short -term parking /loading functions. Vail Lionshead Transit Station_ Part 05 LHMP proposed amendments Chapter 4 — Master Plan Recommendations - Overall Study Area 4.5.2.4 Transit Station at Lionshead Parking Structure /Frontage Road -The Lionshead Transit Study completed in 2009 (See appendix X) concluded that the Lionshead Parking Structure presents the most viable location for a centralized transit station in Lionshead. -In order to address the near -term transit needs an initial phase is recommended that includes a transit stop along the Frontage Road immediately north of the structure. This solution has minimal impacts on the parking structure, can be implemented at a relatively low cost and will meet Lionshead's anticipated transit needs for the near term future. -As a long term solution, the Transit Center should be integrated within the Lionshead Parking Structure site; either within a new redevelopment, as contemplated in the 2006 Lionshead Parking Structure Redevelopment Plan, or on top of a future reconstruction of a Lionshead Parking Structure. 5/4/2010 12 -3 -IS Vail Lionshead Transit Station . l_ -� _ Part 05 LHMP proposed amendments Chapter 4 — Master Plan Recommendations - Overall Study Area 4.5.2.4 Transit Station at Lionshead Parking Structure /Frontage Road TA 0 L141. LUNSREAD PARKING c , �`- - - � �`� � � by 6+ Lr r: •-,. y� � �� � � .. 4z � ^_ 'S - Z� �„w �,'Z.� 41.�'�"� . 5/4/2010 4240 12.3_16 Vail Lionshead Transit Station Ai, -,,u -, Part 05 LHMP proposed amendments Chapter 4 — Master Plan Recommendations - Overall Study Area 4.5.2.4 Transit Station at Lionshead Parking Structure /Frontage Road ti `. fL+ _ L ill�.l�l.Y ✓ / ti - r3 �. `M f a.T._' . y qC LAW Figure 4 -6a - Lionshead Transit Center can to deck of Parking Structure x/4/2010 12 -3 -17 Vail Lionshead Transit Station 1znu, 44e Part 05 LHMP proposed amendments Chapter 4 — Master Plan Recommendations - Overall Study Area 4.5.3.3 East Lionshead Circle and South Frontage Road Intersection •Terminating the in -town shuttle bus route at the East Lionshead drop -off (see figure 4 -7) was suggested as an alternative to consider in the original Lionshead Redevelopment Master Plan. •... re- visited during the 2009 Lionshead Transit Station project .... this idea was not pursued. •In the future it may be desirable to have the ability (for operational purposes) for buses to turn around on East Lionshead Circle at the east entry to Lionshead. *The re- design of the east entry to Lionshead should not preclude the possibility of this turning movement being accommodated at some point in the future. Vail Lionshead Transit Station_ Part 05 LHMP proposed amendments Chapter 4 — Master Plan Recommendations - Overall Study Area 4.5.3.3 East Lionshead Circle and South Frontage Road Intersection 11V M ti 4 l b r - � - LL / t LL Jt q �., 6 s.kc- 5/4/2010 4240 12 -3 -10 Vail Lionshead Transit Station ., Part 05 LHMP proposed amendments Chapter 4 — Master Plan Recommendations - Overall Study Area 4.5.3.4 East Lionshead Circle Skier Drop Off -Lionshead is lacking sufficient, well - located skier drop off facilities. -For many years residents and guests have been using the East Lionshead Circle area at the pedestrian entry to Lionshead ..... This "illegal" activity is cause for much of the congestion, confusion and pedestrian conflicts in this area. -Efforts should be made to provide alternative locations for convenient and accessible skier drop off. -Possibilities include the North Day Lot and the Lionshead Parking Structure 42010 Vail Lionshead Transit Station = :._ Part 05 LHMP proposed amendments Chapter 4 — Master Plan Recommendations - Overall Study Area 4.6.3.1 Eastern Connection to South Frontage Road •A prerequisite for improving safety in the pedestrian crossing between the Lionshead parking structure and the eastern entrance to the Lionshead is a significant reduction in the volume of vehicular traffic -It was initially thought that the most effective means to accomplish this would be to connect East Lionshead Circle back to the frontage road on the east end of the parking structure. However, there are several serious problems -As an element of the 2009 Lionshead Transit Station Project the feasibility of creating an eastern connection of East Lionshead Circle to the Frontage Road was evaluated. The conclusion of this evaluation was that the existing gradient and land ownership patterns rendered this idea to be infeasible. 5/4/2010 12 -3 -21 Vail Lionshead Transit Station_ -� _ Part 05 LHMP proposed amendments Chapter 5 — Detailed Plan Recommendations 5.5.2 East Lionshead Bus Drop -off Area /Transit Stop • The transit arrival and drop -off points should be re- designed to provide improved transit functions and a better pedestrian experience. • While pedestrian and bus conflicts will always exist given the need for people to move between the parking garage and the east Lionshead portal, significant improvements can be made to landscaping, sight - lines, pavement surfaces, grades and the aesthetic quality of this area. Vail Lionshead Transit Station_ :.: Part 05 LHMP proposed amendments Chapter 5 — Detailed Plan Recommendations 5.5.2 East Lionshead Bus Drop -off Area /Transit Stop TRMOPS ` RETAIL VAIL 21 S � Al TRAFFIC CONTROL STATION WEST IN / WEST OUT SKIER DROP OFF PRMARY ?EDESTRIAN ENTR- CORRIDOR 5/4/2010 Vail Lionshead Transit Station 4 .�,, Part 05 LHMP proposed amendments Chapter 5 — Detailed Plan Recommendations 5.5.3 East Lionshead Bus Drop -off Area / Potential Building Infill Site -At one time the Master Plan contemplated when the skier drop -off and service and delivery functions are removed from the transit drop -off area, the transit stop may be reduced in size, yielding a site suitable for infill development. -This property functions as road right -of -way, owned by the Town of Vail. -While development of this area would potentially create a strong gateway into the retail core and better definition of the pedestrian corridor that connects it to the parking structure, it would also eliminate the opportunity for a softer landscaped entry into Lionshead. -Development within this area would also preclude future transit uses. -For these reasons the potential "build to lines" at Vail 21 and Lionshead Center have been reduced in scope to not encroach into Town -owned property. Refer to Map S for a depiction of these build -to lines. Vail Lionshead Transit Station_ Part 05 L IMP proposed amendments 5.5.3 East Lionshead Bus Drop -off Area / Potential Building Infill Site LJONSHF.AD CENTER �cw � .�, � LIFTFioUSE �r,�� , � ICI �► I � � C �1 . l { D 5/412 U _-_ BU1LD -TO UNE- TYPICAL 12 -3 -25 Vail Lionshead Transit Station AlrisiznUN 4240 Part 05 LHMP proposed amendments Chapter 5 — Detailed Plan Recommendations 5.5.3 East Lionshead Bus Drop -off Area / Potential Building Infill Site / Pmperty l hw� , (typ.) I / I _ Existing "Build To" � I Line (t I � "Build To" line extends into new madway Existing "Build To" Line 5/4/2010 2 Vail Lionshead Transit Station o YN 4240 Part 05 LHMP proposed amendments Chapter 5 — Detailed Plan Recommendations 5.5.3 East Lionshead Bus Drop -off Area / Potential Building Infill Site f I Future TurnaraGmd FUNII([ / requires that'Build T[i linc , "� I he rncdi i, -J 1 I � ` llr "Build To" line exlends I � into new roadwav 4'2010 Ur ;Cfiw UP-OA 'T' " T iwo 12 -21 Vail Lionshead Transit Station 42- Part 05 LHMP proposed amendments Chapter 5 — Detailed Plan Recommendations 5.6 West Face of the Parking Structure -This area had previously been contemplated as being used for loading and delivery. -However as previously mentioned this is not feasible. -This area should be preserved for snow storage and access into the Lionshead Parking Structure. Vail Lionshead Transit Station_ Part 05 LHMP proposed amendments Chapter 5 — Detailed Plan Recommendations f Lp L' ; -cop 16 LJONSHEADPARUNG r _ W � • i �42010 12 -3 -29 Vail Lionshead Transit Station 42 Part 05 LHMP proposed amendments Chapter 5 — Detailed Plan Recommendations 5.9 North Day Lot -At the time the Lionshead Redevelopment Master Plan was adopted the North Day Lot was identified as a potential location for a central transit facility. -During subsequent study of the site in 2008 and 2009 it was determined that the Town would not pursue locating a transit center on this site. -In lieu of a transit center the North Day Lot has been programmed to provide affordable housing along with a skier drop -off parking lot Vail Lionshead Transit Station_ Part 05 LHMP proposed amendments Chapter 5 — Detailed Plan Recommendations VOR71I L[[}N&RI.AD PP.DESTB.LAN CO FJUIX a PWF,STRL" PORE T3ALSPGRTA7[ON MT] ARRIVAL FACR.IT4 +� �� _ -.■ LOC.£GPONALSHLTF17.M �r Y WCAURH,RANALTRANS1T' AND a %° TE.R BUSES _ 4 REL7 LLA?9DfiUWOVAT8D v •++ •� LANDMARK TQWMUMES 46— JL— r EQSTENG PEDESTRIAN BRIDGE TRANSIT VEHICi LARCIRC[7LA17ON ACCESS W AVLC)W ST1UCTUR.E. SERVICE AND DELIVERY FACTLffY SWAT TERM SKIER ORCF -OFF ARIA LA LANFaCAPE SCREL•V WCr TOWARDS WE9T9dINU CDhT)4MINFU1.tS 5/4/2010 Vail Lionshead Transit Station 4240 Part 06 LHMP Amendments Chapter 5 — Detailed Plan Recommendations 5.10.2 Concert Hall Plaza /Montaneros -Concert Hall Plaza was intended to be the western portal into the Lionshead pedestrian core, but pedestrians can't see where it leads and don't use it. -When this property is redeveloped, a priority will be to create a connection as direct as possible between the western terminus of the pedestrian core and the intersection of West Lionshead Circle and Lionshead Place. -The Town of Vail should make all reasonable efforts to encourage and facilitate this redevelopment. -However, the need to maintain a bus stop and some level of short -term parking and loading /delivery functions on Town -owned land adjacent to Concert Hall Plaza will be an important consideration in the re- development of these properties. Vail Lionshead Transit Station_ Part 06 LHMP Amendments Chapter 5 — Detailed Plan Recommendations LION PLACE WEST LIONSHEAD CIRCLE }r SECONDARY PEDESTR E i MARRIOTI' ` ' 0 Y _ A, � � ✓✓ PRLYL RY PEaESTRLkN WALK FE❑ESTRL-LN CROSS INQ 5/4/2010 4240 12.3.33 Vail Lionshead Transit Station -OW'B ,u, Part 06 Next Steps -- �C {� � ,�� ''�"• �,� � CONCERT PLAD ell \ f i ! 1 MONTAN f r � - 5D WAGEdtpAD - 5/4/2010 Vail Lionshead Transit Station 12 -3 -34 —_ End of presentation 5/4/2010 12 Vail Lionshead Transit Station = 42 End of presentation 5/4/2010 12 Vail Lionshead Transit Station = 42 W V VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 4, 2010 ITEM /TOPIC: Second Reading of Ordinance No. 5, Series of 2010, An Ordinance Amending Section 6- 3C -6(B) of the Vail Town Code Regarding the Possession, Use and Display of Cannabis; and Setting Forth Details in Regard Thereto. PRESENTER(S): Buck Allen / Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 5, Series of 2010, on second reading. BACKGROUND: The public display or consumption of cannabis within the Town of Vail (the "Town ") is of public concern and efficient police regulation of this crime would preserve the general welfare of the citizens and guest of the Town. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 5, Series of 2010, on second reading. ATTACHMENTS: Ordinance No. 5, Series of 2010 5/4/2010 ORDINANCE NO. 5 SERIES OF 2010 AN ORDINANCE AMENDING SECTION 6- 3C -6(B) OF THE VAIL TOWN CODE REGARDING THE POSSESSION, USE AND DISPLAY OF CANNABIS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter'l, and WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, the Council finds that public display or consumption of cannabis within the Town is of public concern and efficient police regulation of such a crime would preserve the general welfare of the citizens and guests of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; Section 1. Section 6- 3C -6(B) is hereby amended to read as follows: SECTION 6- 3C -6(B) UNLAWFUL ACTS DESIGNATED: It shall be unlawful for any person to: 1. Possess not more than one (1) ounce of cannabis, without documented legal authority to do so; or 2. Openly and publicly display, consume or use not more than one (1) ounce of cannabis. Any person convicted of having violated this Section B shall be punished pursuant to Section 1 -4 -1 of this Code. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, Ordinance No. 5, Series 2010 5/4/2010 13 -I -I any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4. 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. Section 5. The 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20 day of April, 2010, and a public hearing for second reading of this Ordinance set for the 4 th day of May, 2010, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4 th day of May, 2010. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 5, Series 2010 5/4/2010 13 -1 -2