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HomeMy WebLinkAbout2013-02-19 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., FEBRUARY 19, 2013 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: Proclamation No. 1, Series of 2013; One Book One Valley "Into the Beautiful North" (5 min.) PRESENTER(S): Lori Ann Barnes 2. ITEM/TOPIC: Citizen Participation (15 min.) PRESENTER(S): Public 3. ITEM/TOPIC: Consent Agenda: 1) Appointment of Davy Ratchford as Vail Resorts rep on VLMDAC (5 min.) PRESENTER(S): Various 4. ITEM/TOPIC: Town Manager Report: 1) Timber Ridge Discussion - Stan Zemler 2) Synthetic Infields at Ford Park - Todd Oppenheimer (15 min.) 5. ITEM/TOPIC: A request for the Vail Town Council to reconsider an encroachment into an existing view corridor, pursuant to Section 12-22-6, Vail Town Code. (Resolution No. 3, Series of 2013) (10 minutes) PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the request to reconsider. BACKGROUND: On February 5, 2013, the Vail Town Council considered a request for an encroachment into an existing view corridor (Resolution No. 3, Series of 2013). Following a site visit to the affected view point (V.P. #8) in Lionshead and a presentation by staff of the Town of Vail Planning and Environmental Commission's action approving the request, a motion to approve Resolution No. 3, Series of 2013, failed due to a lack of majority vote (3-3). That being the case, it is likely a motion denying said resolution would have failed due to a lack of majority vote. STAFF RECOMMENDATION: Town staff recommends the Vail Town Council grants the request to reconsider action taken on Resolution No. 3, Series of 2013. Staff's recommendation is based on the following factors: The Vail Town Council members were evenly split on the motion. (3-3) The 2/19/2013 applicant was not afforded an opportunity to make a full presentation. 6. ITEM/TOPIC: Resolution No. 3, Series of 2013 a resolution approving an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code to allow for the encroachment of an addition to the Lionshead Centre Building into View Point #8, located at 520 East Lionhead Circle/Lot 5, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (15 minutes) PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: Approve, approve with Modifications, or deny Resolution No. 3, Series of 2013. BACKGROUND: View corridors have been established with the Town of Vail to maintain and protect certain views to the surrounding area from public plazas and pedestrian ways. Encroachments into existing view corridors are allowed when it can be determined that the proposed encroachment does not negatively impact the intended purpose of the view corridor. Three residential property owners within the Lionshead Centre Building are proposing to complete residential additions to their dwelling units. The proposed additions encroach into View Corridor #8. In order to construct the residential additions as proposed, the property owners must first be granted permission by the Town of Vail to encroach upon the existing view corridor. STAFF RECOMMENDATION: The Town of Vail Planning & Environmental Commission (PEC) has granted an approval of the request for an encroachment into View Corridor #8. The approval was granted based upon the review of the criteria and findings outlined in the memorandum to the PEC dated, January 14, 2013. Staff recommends the Vail Town Council upholds the approval of the PEC and grants an approval of Resolution No. 3, Series of 2013, as read. 7. ITEM/TOPIC: Resolution No. 4, Series of 2013, a resolution amending the 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 the central pedestrian plaza (Sundial Plaza) in Section 5.8.6, Plazas and Nodes, Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. (20 minutes) PRESENTER(S): Warren Campbell, Gregg Barrie ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Resolution No. 4, Series of 2013. BACKGROUND: The subject property was a part of the original Town of Vail which became effective by the election of August 23, 1966, and the court order of August 26, 1966. In 2008, the Vail Town Council instructed Staff to locate and build a park in Lionshead per the LRMP. After examining all town-owned locations, Sundial Plaza was selected as the only adequate location for a public park. The Vail Town Council has approved funding for a park in Sundial Plaza as part of the 2013 Municipal Budget. On January 28, 2013, the Planning and Environmental Commission (PEC) held a hearing to review the proposed amendments to the Lionshead 2/19/2013 Redevelopment Master Plan and an accompanying conditional use permit application. The PEC recommended approval for the proposed LRMP amendments to the Vail Town Council with a vote of 7-0-0. STAFF RECOMMENDATION: Based on the criteria and findings outlined in Section VI of the Planning and Environmental Commission memorandum, dated January 28, 2013 and the evidence and testimony presented, the Planning and Environmental Commission recommends the Vail Town Council approves Resolution No. 4, Series of 2013. 8. ITEM/TOPIC: First Reading of Ordinance No. 5, Series of 2013, an ordinance repealing and re-enacting Ordinance No. 7, Series of 2010, re- establishing the approved development plan and development standards for site coverage, density and landscaping for Special Development District No. 37, Tivoli Lodge, in accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an addition to an accommodation unit, an office and a meeting room, at the Tivoli Lodge, located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5th Filing, and setting forth details in regard thereto. (PEC130002) (20 minutes) PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 5, Series of 2013, upon first reading. BACKGROUND: On February 11, 2013, the Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for Ordinance No. 5, Series of 2013, by a vote of 7-0-0 with the following conditions: 1. This approval includes two revised plan sheets A4.0 and A5.4 dated February 8, 2013. 2. The applicant shall receive permission from the adjacent property owner (Vail Associates) for access for construction in conjunction with any building permits. 3. Approval of an amendment to the SDD is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. 9. ITEM/TOPIC: Adjournment (7:35 p.m.) 2/19/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 19, 2013 ITEM/TOPIC: Proclamation No. 1, Series of 2013; One Book One Valley "Into the Beautiful North" PRESENTER(S): Lori Ann Barnes ATTACHMENTS: Proclamation No. 1 Series of 2013 2/19/2013 Proclamation o. 1, Series of 2013 OFFICIAL PROCLAMATIO for OE BOOK, OE VALLEY, 201 3 WHEREAS, community-read programs have united and uplifted hundreds of cities and municipalities throughout the United States of America; and, WHEREAS, the novel Into the Beautiful North by Luis Alberto Urrea is a wondrous and riotously funny story filled with unforgettable characters and is an especially joyful and timely tale of one young woman’s quest; and WHEREAS, this Eagle Valley community read will feature book talks, discussions, film showings and other special presentations about the novel; and, WHEREAS, the Town of Vail Public Library, in collaboration with the Eagle Valley Library District, Colorado Mountain College and the Bookworm of Edwards have resolved to bring this valley-wide reading project to the citizens of Eagle County; and, WHEREAS, the One Book, One Valley initiative will encourage literacy and shared enjoyment of reading throughout Eagle County; OW, Therefore Be It Resolved , this 19th day of February, 2013, the Vail Town Council proclaims and hereby promotes the One Book, One Valley initiative and officially announces and promotes the novel Into the Beautiful North to all Town of Vail and Eagle County residents for the enjoyment and enrichment of all. _______________________________ Andrew P. Daly, Mayor Attest: _________________________ Lorelei Donaldson, Town Clerk 2/19/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 19, 2013 ITEM/TOPIC: Citizen Participation PRESENTER(S): Public 2/19/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 19, 2013 ITEM/TOPIC: Consent Agenda: 1) Appointment of Davy Ratchford as Vail Resorts rep on VLMDAC PRESENTER(S): Various ATTACHMENTS: Dauphinais Moseley plat correction memo August 7, 2012 Town Council Minutes August 21, 2012 Town Council Minutes 2/19/2013 To: Town Council From: Public Works Department Date: 9/4/2012 Subject: Dauphinais Moseley Subdivision Correction Plat I. BACKGROUND The Dauphiniais Moseley Subdivision was established in 1990. The subdivision included Moraine Drive that was intended to be dedicated to the Town of Vail as Right of Way (ROW). Upon completion of the road infrastructure, the road was accepted but never recorded as dedicated road ROW. The sole purpose of the attached correction plat is to record Moraine Drive as dedicated ROW. II. STAFF RECOMMENDATION Approve the Corrected Final Plat for the Dauphinais-Moseley Subdivision Filing No. 1, accepting Moraine Drive as dedicated ROW. 2/19/2013 2/19/2013 Town Council Meeting Minutes of August 7, 2012 Page 1 Vail Town Council Meeting Minutes Tuesday, August 7, 2012 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 Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Lorelei Donaldson, Town Clerk _________________________________________________________________ The first item on the agenda was the recognition and thank you to Robert "Bob" McKown for his multiple years of combined service on the Commission on Special Events (CSE) and on the Local Licensing Authority (LLA), two volunteer boards for the Town of Vail. Foley thanked Bob McKown for his time, commitment and volunteer service on both boards over the years. McKown served on the town’s LLA from August of 2005 through June of 2012 and was chairman of the liquor board for the last four years. McKown also served on the CSE from January of 2008 through December of 2011 and was the vice chair of the CSE for the last two years. McKown thanked the Council for the recognition. The second item on the agenda was Citizen Participation. Merv Lapin stated he lives on West Meadow Drive adjacent to the Vail Valley Medical Center (VVMC). He said he attended the work session to get a sense of what is happening regarding the hospital remodel. He is concerned about a potential situation that could occur between the neighborhood and VVMC, regarding the hospital campus and medical office building (MOB). He said the delivery, traffic and helipad are the three main areas of concern. He believes the helipad placement will be the most fractious. Where the helipad will be located may be unsolvable. The hospital will want it as close to the emergency room as possible and the neighbors will want it as far from their residential area as possible. One suggested compromise would be to have the helipad on top of the new medical office building which will be built where the helipad is currently. He said he has sent two emails to Council regarding these issues. He suggested that the neighbors, the town and the VVMC staff sit down to solve all the issues. If the MOB is built and the town offices get built, they may be removing from the discussions a good compromise of where the helipad could be placed. One of the other problems was that this past year, the town authorized the helicopters to come and go every day, twice a day, this past winter. This created 2/19/2013 Town Council Meeting Minutes of August 7, 2012 Page 2 an atmosphere of concern where the neighbors didn’t know what was going on. There was no planning or notification process. He researched this issue and said there were only 30 times when the helicopter was required for flight care over the winter. Of those 30 times, only two to three times were times of sensitive life saving issues. It’s important before moving forward to decide where the helipad should go. Other issues will then fall into place. Art Abplanalp, an attorney representing six families and other interested parties that live adjacent to the Vail Golf Course 18th hole, said his role was to facilitate a resolution. He said there was a meeting on July 24th with town staff and the neighborhood property owners. He said the meeting and effort was appreciated by the neighbors. He said at the meeting, staff heard the determination of the adjacent property owners regarding their opposition to changing or restructuring the 18th hole. They also heard consensus about the traffic concerns and opposition of additional uses at the clubhouse for a multi-use community center. The owners want to keep the clubhouse within its current footprint and keep the 18th hole where it is currently. He stated the town is going to lose money on this project. The total estimated cost of the project is $7.4 million without the consideration of contingencies or safety measures. The most recent budget shows the town intended to drain the repair budget for 2013 and 2014 to generate $1.675 million to cover the shortfall. He said as far as the perceived safety hazard, in the past 5 years, there was one incident of a person being hit on the 18th hole. There were three other incidents that occurred at the 6th and 13th hole, not the 18th hole. The town should not use additional funds for changing the safety measures. Dale Nelson introduced himself as a candidate for Eagle County Commissioner in November’s election. He recognizes that Vail is the economic driver for the county. When he is elected, he wants to work with the town to develop additional ways to collaborate between the town and the county. Jonathan Levine, owner of Hummer’s of Vail, said he wants to clarify some confusion that occurred at the last meeting. He said he had a video of the last meeting where Daly told Daril Cinquanta to set a meeting agenda item to discuss Levine’s issue in further detail. He wants to know why Cinquanta was told he couldn’t get on the agenda as a separate item. Daly said it takes three or more Council members to get it on as an agenda item. Levine said he wants the Council to discuss issues he had with Chief Henninger. Zemler said he is responsible for town staff and it would be not be appropriate for Council to address employee issues. Zemler told Levine he would give him one half hour to address staff issues and to contact him to set up an appointment to discuss. Daly also stated Council does not handle personnel matters. Levine said he would contact Zemler to make an appointment to discuss at a later date. The third item on the agenda was the Consent Agenda. On the consent agenda was 1) The July 3 and 17, 2012 meeting minutes. This item was postponed to the August 21 meeting as the meeting minutes did not get attached to the agenda prior to the meeting; and 2) Bighorn Creek Utility Crossing Bid Award; Chad Salli said the new box culvert is designed to meet all the standards; 2/19/2013 Town Council Meeting Minutes of August 7, 2012 Page 3 3) A request to proceed through the process with a lease for Sweet Basil/Mountain Standard. Donovan said she had a hard time understanding the exterior plan for this expansion outside. Ruther said the area to be expanded for an outdoor dining deck started from the east where Blu’s deck is today, to include the area directly west of the deck where Gore Creek Fly Fisherman’s space used to be. It would not extend out into the path but would run lengthwise in front of the old Gore Creek Fly Fisherman space which will now be part of Sweet Basil/Mountain Standard’s space. Donovan said she was told the drainage in that area goes directly into the creek. Ruther said the down spouts of the roof from that building go into the creek so there is positive drainage away from the building to the grass area. The drainage from the businesses does not go into the creek. 4) Approval of Resolution No. 26, Series of 2012, an Eagle River Water and Sanitation District (ERWSD) Intergovernmental Agreement (IGA). Moffet made a motion to approve items two, three and four of the consent agenda and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The fourth item on the agenda was the Town Manager Report. There were two items under the town manager report: a Fire Department wild land fire restriction update and an Eagle River Water & Sanitation District water supply and drought update. Fire Chief Mark Miller gave an update on the wild land fire restrictions. He said all fire restrictions have been lifted in Vail and the White River National Forest at this time. The Vail Fire Department has sent two crews to Moffat County to fires in that area. In addition, people have asked them what Vail has learned about the other fires in Colorado. He said the Waldo fire near Colorado Springs has not completed their reports as yet. However, the most significant issues were notifications to people and timely evacuations in the area. He said there were system overloads and there was no testing of the system prior to the fires. One of the things that came out is that folks need and desire lots of information of what is happening and wanted to be updated often on what was going on. The “wait and see” attitude of many people was an issue with last minute evacuations and lots of mass chaos. He said nature has the power and there is very little to do as far as preparedness goes. He said horizontal vortices were an issue that is out of anyone’s control. The Vail and Eagle County fire departments have done a good job in getting the word out. They had more people sign up for the Eagle County (EC) alert system right after the Eby Creek fire. They also had a 30% call back failure on the reverse 911 system due to people not being home or not picking up. They have done a lot to get the word out via radio, newspaper, emails, meetings, etc. The partnerships that have developed throughout this season has been great as they have many partnerships now because of this season: Vail Resorts Inc. (VRI); other Eagle County task forces; the Forest Service; the National Guard; the wild land mitigation crews; other fire districts; and the Eagle River Water and Sanitation District (ERWSD). This process will be ongoing and he will come to a Council work session to discuss a siren system with a voice activation system proposal. They will also be doing EC alert signups at the town’s August 14 community picnic. 2/19/2013 Town Council Meeting Minutes of August 7, 2012 Page 4 Daly asked what they are doing about defensible spaces in town and between other areas west of Vail. Miller said there are other things the town should be doing. They have downloaded a Google map of the area to find vulnerable areas in town. The most vulnerable area identified was West Vail and the Intermountain areas. It was determined that some of the land is owned by the Forest Service, as well as the communication tower on Vail mountain is vulnerable. These areas are being worked on but it will take time to coordinate. Daly said it behooves the town to work with the Forest Service to move it higher on their priority list. He asked if the local Forest Service district ranger could come and talk to the Council about the areas of vulnerability and where they consider their priorities are at this time. Miller said he has talked to the Forest Service and they agree that there are vulnerable areas near Vail. Miller said he is also meeting with Jeff Babb at VRI to discuss what they are planning. Zemler will contact them to find out what is happening on Vail Mountain. Jim Lamont, representing the Vail Homeowners Association, thanked them for the presentation. He said his homeowner’s have a heightened sense of urgency on fires in Colorado. He asked if the town could look at producing a white paper for this issue. The homeowners want to know specifics and details of what happens if there is a fire in this area as well as media reports. They are concerned about scenarios like smoke filling the valley and having people evacuate sooner instead of staying in their homes. They want to know how the chain of command works and moves from local to the federal level. It has been brought home that this is not an “if”, but “when,” situation of a fire happening in Vail. He said removing the pine beetle threat and having details of evacuation planning will help alleviate people’s concern. Miller said he’d be happy to do a white paper to educate and prepare folks on wild land fire danger. He would also get the Forest Service and other folks together and have a meeting. He said he was disappointed on the Ready Set Go meetings, as they had 250 folks show up and not the 5,000 people they expected to attend. He said they can’t do a white paper covering all the scenarios. Daly said people want to know about the worst case scenario and what happens if it occurs in Vail. He thanked Miller for getting the National Guard on board. Diane Johnson, with Eagle River Water and Sanitation District (ERWSD) said the public education going on around the fire updates and drought updates has been great. She said continuing to hold public interest will be hard since we have had rain. Nature has the power. She said Gore Creek got through July okay thanks to the rain. July was wet and around 3 inches of rain fell instead of the usual two inches, but there was such a deficit to begin with, that it just helped but there was no gain. The little snow pack coming in has made the Gore Creek struggle. The impact of last night’s rain helped as there was 21 cfs on Sunday and 19 cfs on Monday, as of Tuesday it was 33 cfs in the creek. However no rain is predicted through the weekend. We all need to get through September to figure out where we stand. She said they are projecting that after Labor Day, residents and guests will slow down their use of water. They are monitoring the air and water temperature on a daily basis. Every rain event helps but they are still speaking with folks that are using more water then they ought to be. She said the drought watch is still on the front page of the Vail Daily. She said Eagle County is considered to be in a severe stage on the drought monitor. 2/19/2013 Town Council Meeting Minutes of August 7, 2012 Page 5 The fifth item on the agenda was second reading of Ordinance No.9, Series 2012, an ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund and Heavy Equipment Fund. Kathleen Halloran, Budget Manager, stated across all funds the supplemental is increased by budgeted expenditures of $1.5 million and the revenues will also increase by $1.5 million. There were changes made from the first reading. Rogers asked about facilities capital maintenance of $30,000 for Community Development. If the building is being torn down, why is this cost in the supplemental. Halloran said this line item was not taken out from the original costs and she will remove it. Further discussion ensued. The Council also requested reducing the supplemental by $10,000 for the removal of the Information Center. Foley said the fire department should use this as a training exercise and tear it down. Moffet made a motion to approve second reading of Ordinance No. 9, Series of 2012, with reduction of $40,000 and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The sixth item on the agenda was second reading of Ordinance No. 2, Series of 2012; the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Bill Gibson, Planner, stated the applicant requested the Council approve Ordinance No. 2, Series of 2012, on second reading. The applicant also requested the Council approve Resolution No. 7, Series of 2012. He said the Planning and Environmental Commission (PEC) had originally approved a 1.35 gross residential floor area (GRFA) ratio. Council had previously approved 1.25 GRFA in the first reading. Rogers made a motion to approve as read and the motion was seconded by Donovan. Further discussion ensued. Tjossem stated she would be voting against this motion as 40% of the property owners will lose property rights as the ordinance currently reads. She suggested they lower the maximum roof line from 43 feet down to 38 feet and give up calculating the GRFA for this one zone district. She said calculating GRFA uses tremendous staff time. In this one zone district, removing the GRFA will still allow what the purpose of creating this zone district is about. If you read through all the design guidelines proposed by staff, they are so specific. GRFA is something you can do away with and not feel the town is losing control. She has talked to a lot of the owners and they felt this suggestion is something they could agree with and buy into. Rogers said the last memorandum didn’t show any deficit or loss of development rights to the owners. She asked Ruther via an email what the impacts would be for the town. She said Ruther was forthright in saying to eliminate GRFA in one zone district is not appropriate. She said this discussion has been ongoing for two years. The difference in the PEC 2/19/2013 Town Council Meeting Minutes of August 7, 2012 Page 6 recommendation and Council’s recommendation on first reading was that Council approved first reading with the GRFA at 1.25 and the PEC recommendation was for approving the GRFA at 1.35. She said the 1.25 GRFA keeps a balance. Moffet said he liked Tjossem’s suggestion. He was not in support of 1.25 GRFA on second reading. He doesn’t think this changes the balance. Donovan said after reading Ruther’s response, she trusts his expert opinion as he knows this process better than she does. She supports the motion and said this will keep the neighborhood interacting appropriately with the surroundings. Foley wants to hold off his responses until he hears citizen comments. Kurz congratulated the rest of Council that has been listening to this item for over two years. He stated he agreed with Tjossem’s comments. He said the current ordinance was like trying to put a 1960’s hat on 2010 issues. They need to come to grips that things are changing and things need to change. These changes will have a positive effect for the community. He doesn’t feel doing away with GRFA or being 1.35 will be a hard thing. He said he only approved first reading to get it to second reading. He feels it needs to be 1.35 if they don’t do away with GRFA altogether. Daly said he supported the 1.25 on first reading as it would preserve the character of the neighborhood. He said walking the project with staff he believes the best alternative is what Tjossem is suggesting of keeping the height to 38 feet. He could support the change. If they preserve the lower roof line, some language balancing the landscape in the front and back is needed and not limit it to 30%. Keeping the height to 38 feet would meet the criteria, keep the character of the neighborhood and streamline the process. He said GRFA could be used for inclusionary zoning and for parking requirements but not for bulk and mass. He is in favor of moving forward with the project. Donovan asked what going forward meant. Tjossem wanted to hear recommendations. Rogers wanted to see the impact of the changes and how this would effect the development. Dick Parker said he is a resident of the first townhouse east of Gorsuch and has been there since 1975. He stated he would be impacted if they approved the 1.25 GRFA. He said they were one of the first condominium associations in the state and in Vail. He said seven town house associations would be affected with the proposed 1.25 GRFA and four would be non- conforming. He said this process was supposed to eliminate nonconforming properties. Every time there was a change in the residences, they had to get a variance. At 1.25 GRFA, he can’t redevelop. At 1.35 GRFA, it is on the edge of whether he can develop; but if they approve 1.50 GRFA they can develop. The townhome association has strict design criteria and so does the town. If the whole process is aimed at streamlining the process, creating incentives and preserving existing residential character, it needs to be 1.5 GRFA. He said he has been a part of the Vail community for a long time. He tries not to be a problem but this ordinance as proposed is unreasonable. He supported eliminating GRFA and reducing the roofline to 38 feet as it would still preserve the character of the neighborhood and prevent battles from the past and allow everyone to move forward. John Dunn, representing the Bridgewater’s, owners of Rowhouse Unit 11, stated he is at a loss at to what he has heard. He said he has heard an email has been exchanged between Ruther and the Council that makes a significant change to the ordinance adopted on first reading. He thinks this may be a violation of the open meetings law. Hearing staff doesn’t support what was contained in an email is a major error and the Council supporting staff on a complex matter is not acceptable. 2/19/2013 Town Council Meeting Minutes of August 7, 2012 Page 7 Ruther said the question and discussion were about GRFA and amendments. His response to eliminating or significantly changing the GRFA policy in eliminating GRFA and amendments to changing GRFA policy in one zone district only and not others is a concern. He said staff needs to address equity issues in this process and apply it throughout the town. He agrees with Rogers and wants to know unintended consequences. If the Council wants to seriously consider amending the ordinance and taking it in a different direction, he asked that the Council afford staff and others additional time to investigate what the practical implications will be and identify any unintended consequences. If they find this is beneficial, he would like to streamline the development review process for the entire town and not just for this development. He said Bill Gibson has done a fantastic job on bringing this project through the process. If the Council wants to move forward in a different direction, he would like to have time for Bill Gibson to examine the issues and bring back a more thoughtful response and an idea of how to implement it. Foley state he was against this ordinance on first reading but now will support this ordinance on second reading. A vote was taken and the motion was supported by Donovan, Rogers and Foley. Tjossem, Kurz, Moffet and Daly were opposed. The motion failed. Moffet stated in deference of Ruther and staff concerns, he would like to have staff examine the roofline reduction from 43 to 38 feet limit and no GRFA for this zone district only. Foley agreed. Ruther said they could come back at a future work session with several options and pros and cons of each. Tjossem said she is concerned this would be another delay tactic if it went to a work session. She doesn’t want to do delay it. Staff has to understand there are compromises and trade offs. She said the property owners have been put off for two years. Ruther said doing this process wrong could create significant consequences and create additional nonconforming issues. He wants to do this right. He said this has been a well thought out process. Daly said there is no reason not to have a work session and then have an evening session on this item. Donovan asked what the notification process will be. Ruther said they will notice all property owners that will be affected by the change in language as well as place a notification in the newspaper and on the town’s website. Daly reiterated that this item will be on the work session and evening session for the August 21 meeting. Moffet made a motion to continue second reading of Ordinance No. 2, Series of 2012; the Vail Village Townhouse (VVT) District to the August 21st meeting and the motion was seconded by Kurz. Moffet amended the motion to include a work session and an evening meeting on August 21 and the motion was seconded by Kurz. Daly said Council will allow the public to have input at the work session and the evening session on August 21st. Ruther said there are models that show the different height and bulk and will bring them back to Council on the 21st. Council asked staff to review changing the height from 43 feet to 38 feet maximum with no GRFA in bulk and mass but continue to use GRFA as part of the inclusionary zoning and parking requirements. A vote was taken and passed unanimously 7-0. 2/19/2013 Town Council Meeting Minutes of August 7, 2012 Page 8 Moffet made a motion to continue Resolution No. 7, 2012, to the August 21, 2012 meeting, and Tjossem seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The seventh item on the agenda was Resolution No. 25, Series of 2012, A Resolution Calling a Special Election for November 6, 2012, to be Coordinated with Eagle County, and Submitting Ballot Questions to the Registered Electors of the Town at the November 6, 2012 Special Election. Matt Mire, Town Attorney, stated the Council determined that several changes to the Vail Town Charter were warranted. All amendments to the Vail Town Charter must be approved by the registered electors of the Town at a regular or special election. Mire stated this resolution would clean up the Vail Town Charter on several issues. The list of items discussed were; 1) change the masculine gender references to gender neutral, all Council members were in favor of adding this to the ballot; 2) the town’s regular election date should be consistent with county, state and federal elections to allow for coordinated elections in odd numbered years. All Council members were in favor of changing the wording to have “following first Monday” deleted. 3) Delete the requirement for an Election Commission to be appointed. This is outdated and the state language covers this requirement. All Council members were in favor of adding this to the ballot. 4) The section stating all ordinances need to be approved at regular meetings be deleted or clarified that they can be approved at special meetings as well as at regular meetings. Daly was opposed. 5) State law regarding initiative and referendum requirements be repealed and the town could follow state law. Moffet wants to understand what we are repealing and what would replace it. Mire will bring back this item with further details. 6) Change the wording of the Planning Commission and Environmental Commission to reflect that these are one board and have been for years. This would change from Planning Commission and Environmental Commission to the Planning and Environmental Commission. All Council members were in favor to add this to the ballot. 7) To change the charter to reflect that there would no longer be a requirement to have a super majority to approve the annual budget if a 50/50 split is not done. Mire said this section of charter doesn’t call out or dictate a specific split. Judy Camp, Finance Director, said this ballot question would just remove the language from the charter and have the budget approved by ordinance. The Council still has the right to have a super majority and have a say on the 50/50 split. She said it was very unusual to have this language in the charter of a municipality. Mire stated if the Council wants to keep the language in, clarify it so it’s in the charter correctly and clean up the language and be clear on what it should say. Daly said he wanted to eliminate this ballot question. Tjossem said she is confused about what is being eliminated. Tjossem said to keep this in the charter will never be a 50/50 split as it isn’t realistic. Kurz said to take question off. Rogers said the charter doesn’t say what the Council thinks it says. She said either add specific language on the percentages of the split into the charter. Then add specific language to the charter or take it out of the charter and do it by ordinance. She said keeping something that is ambiguous doesn’t’ make sense. Moffet agrees with Rogers. He said to leave the question on the ballot. Donovan said she agrees with Rogers and Moffet. She said to keep it on the ballot and take it out of the charter and then have an ordinance to require a super majority. This is a chance to clean this up and there won’t be another convenient chance to take it to the voters. Daly said it would be too easy to change by ordinance. Daly said the Council needs to have some fiscal responsibility. Further discussion ensued. 2/19/2013 Town Council Meeting Minutes of August 7, 2012 Page 9 Tjossem said this item is to change the charter. Daly asked how many Council members are in favor of keeping it in the charter. Daly, Tjossem, Foley and Donovan were in favor. However Donovan said they need to be more specific and clear up the language in the charter to make it work. Donovan made a motion to table Resolution No. 25 to the August 21st meeting and the motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 7-0. The eighth item on the agenda was adjournment. As there was no further business, Foley made a motion to adjourn and the motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 8:10 p.m. Respectfully Submitted, Attest: __________________________________ Andrew P. Daly, Mayor ________________________________ Lorelei Donaldson, Town Clerk 2/19/2013 Town of Vail August 21, 2012 Minutes Page 1 Vail Town Council Meeting Minutes Tuesday, August 21, 2012 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 Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Greg Moffet Margaret Rogers Susie Tjossem Members Absent: Ludwig Kurz Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Lorelei Donaldson, Town Clerk _________________________________________________________________ The first item on the agenda was Citizen Participation. Kaye Ferry, Chairman of the Eagle County Republicans, introduced Republican candidates Scott Turner, running for District Attorney (DA) for the 5th Judicial District, Courtney Holm running for Eagle County Commissioner District 2; and Chuck McConnell, running for Colorado Representative for House District 26. Scott Turner said he has worked in the 5th Judicial District for many years and is running for DA as Mark Hulbert is term limited. He said he has nine years of experience in several D.A.’s offices and has experience and leadership to do the job. He is also on several statewide boards that contribute to his experience that would allow him to be a leader in the D.A.’s office. He thanked the Council for their time. Courtney Holm said she is replacing Shayne Mitchell on the ballot as the Republican candidate for the Eagle County Commissioner for District 2 in November. She is excited and ready to do the job to the best of her ability. Chuck McConnell said he is running for Representative for House District 26 which includes Eagle and Routt counties. He lives in Steamboat Springs and stated he could make a great contribution to District 26. He said small businesses are the heartbeat of the economy and he wants to simplify regulations and nurture small businesses to grow. He said common sense needs to be brought into government. He thanked the Council for the opportunity to speak to them and the community. Dick Cleveland stated he is on the Eagle County Trails Committee. He said the Vail Pass Recreation Path needed to be repaired and the Colorado Department of Transportation (CDOT) 2/19/2013 Town of Vail August 21, 2012 Minutes Page 2 has been given $1.3 million to do the repairs. Beginning September 4th, the entire path will be overlayed from the gate in East Vail on Highway 6 up to the Black Lakes. There will be closures on the path from September 10th to September 27th, Monday through Thursday of each week. The path will remain open on Friday, Saturday and Sunday of each week during the construction process. There will be notices in the Vail Daily and Summit Daily newspapers each day with the construction schedule. The upgrade includes signage from East Vail to the Black Lakes. He asked if could work with the town’s communications manager, Suzanne Silverthorn, to help keep folks informed on this project. Rogers asked if they are going to add a wall in a section of the road where water runs off from I- 70 onto the path. Cleveland said there will be some culvert work but there is nothing scheduled. There is no money for this but they are reviewing options. CDOT found money to do this work this year. There may some work on the Summit County side of the pass next year if funding is available. Stephen Connolly said there was a comment missing from Daly Bugby on the July 3 meeting minutes. He said Bugby stated in his study of the Vail Recreation District (VRD) safety records, Bugby read there were three instances where people were struck by golf balls and only one of those was on the 18th hole. Georgene Burton handed out the book, “The Unthinkable”, by Amanda Ripley to the Council for their reading on who survives when disasters strike and why. She wants everyone to think about what could happen if a wild fire broke out in the Eagle County/Vail area. She asked if anyone had ever seen a crying baby at a fire site. The answer was no. They get them out as soon as possible. She said the bottom line if there is a fire here is to follow the crying babies out of town and leave when they leave, don’t wait. Everyone needs to learn the physical reactions and automatic motions that people have when they react to fires. She said this book helps teach the general population about being better prepared to take care of themselves. She said she would like to teach people how to better react and prepare in case a fire breaks out in Eagle County. She asked a fire fighter what people should do if a fire breaks out and he said to get out of the area as soon as possible. The second item on the agenda was the Consent Agenda. On the consent agenda was the approval of the July 3 and 17, 2012 meeting minutes and the approval of a bridge railing rehabilitation award to the low bidder, Mueller Construction Services, Inc., to complete the project on the Meadow Drive Bridge over Gore Creek in East Vail in the amount of $64,664.00. The project is budgeted and scheduled to be completed by November 15, 2012. Foley, Donovan and Daly gave the town clerk minor language corrections and spelling of names to change for the minutes of July 3 and July 17. Foley made a motion to approve the meeting minutes of July 3 and July 17, 2012 with amended changes. The motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 6-0. Moffet made a motion to approve the award for the Meadow Drive Bridge railing rehabilitation to Mueller Construction Services, Inc. in the amount of $64,664.00 and the motion was seconded by Donovan. A vote was taken and it was passed unanimously, 6-0. The third item on the agenda was the Town Manager Report. There was nothing to report at this meeting. 2/19/2013 Town of Vail August 21, 2012 Minutes Page 3 The fourth item on the agenda was the Vail Golf and Nordic Clubhouse Project Update. Greg Hall said this was an update on the golf course clubhouse project and the purpose of the previous meetings was to collect all the concerns and comments out there from the public and staff made a comprehensive list of the issues. The staff will be coming back to the next two September Council meetings with this item and taking the questions and concerns and addressing each one. The memorandum has a list of the concerns. They will be sharing the answers with the Council and the community. He said a neighborhood meeting was held on July 24 out at the golf clubhouse and staff received more feedback from the neighborhood. During this process, staff will continue to add to the list of concerned topics and items. All the people who asked to be informed were sent out emails of notices of the meeting. Tjossem asked if any new drawings were done based on feedback. Hall said they are in the conceptual drawing stage and they are still drafting diagrams. Some of the concerns for the parking lot have not been added to the drawings as yet. The drawings will be available at the September meetings. They may have some meetings with individuals between now and September 4 and 18. They don’t have drawings of the elevations, orientation, activity, lighting, are all items that need to be addressed. He said the September 4th meeting will be about operational hours, what is allowed and not allowed and zoning process issues. Stephen Connolly stated the flow of information is going well. He thanked everyone for their help. He said an event facility for up to 200 people is too large. He asked how the town came up with the 200-person figure for the facility space. Zemler stated staff is working on comprehensive answers so they are consistent when they supply them. This question will be one of them. Connolly said if this number is scaled back it will reduce light, noise and other impacts to the neighborhood and reduce the patio area and reduce the danger zone and netting height. Zemler said he is referring to Donovan statistics. He said this room will host more than just weddings. Connolly said he wanted hard numbers before they move forward any further. Art Apblanalp, an attorney representing Glen Hilliard, one of the property owners adjacent to the 18th hole, stated he is also representing many other adjacent property owners west of Sunburst Drive. He said the town has received additional input the message from the input has not been understood. He stated the town intends to convert the clubhouse into an event center designed to accommodate more people than Donovan Pavilion. He said the town’s plan is unacceptable to the community. He said changing the 18th hole and the conversion of the clubhouse violates the Pulis covenants. He read a list of issues changing the 18th hole, adding an event center, safety issues, and other items in a list into the record. He said depleting funding and resources are a concern. He said the neighbors want a world class golf clubhouse not a hybrid clubhouse/event center. He said if the clubhouse was expanded as is, the neighbors would have no alternative but to take action against this project. What is needed is a world class club house. Tjossem said she wanted to correct some misinformation given by Abplanalp. She read the response from Laurie Asmussen on the numbers from Donovan Pavilion. Abplanalp said this multiuse facility was going to dwarf the Donovan Pavilion. Greg Hall said the space at the golf course clubhouse is approximately 2,700 square feet or less than half the size of the Donovan Pavilion. Daly asked if Abplanalp had reviewed the memo from August 21st memorandum. He asked Abplanalp to review the list to make sure it is a comprehensive list. Daly said he hasn’t 2/19/2013 Town of Vail August 21, 2012 Minutes Page 4 seen an addition for lighting concerns in evening in the list. Abplanalp said there are three pages of issues and that they cannot be resolved within the current proposal as submitted. He said the Council said the multi use facility was going to be built within the current footprint of the golf course club house. Daly said the Council did not state that it would be in the current footprint. Moffet asked for clarity from Abplanalp about who he was representing, the neighborhood or the community at large, as he kept saying the community doesn’t want the clubhouse to have an event center in it. Abplanalp was offended by this interruption and comment by Moffet. Daly said the Council is trying to address neighborhood concerns and the threat from him and the neighborhood owners has been clearly heard. Dale Bugby said he believes there have been changes to this project since the last time he spoke. He said changing the 18th hole was still on the table. They should leave it alone and raise the netting. He said the neighborhood was heard at a meeting on July 24th, but no one has asked the golfers what their concerns are with this project. He said the town chose to meet with the neighborhood but didn’t meet with the golfers and he is offended by that. He said feedback is needed from the golfers as they are not happy with how this project is going. He suggested the town include restaurant owners as well. He thinks they need to add input as to how to make a viable restaurant work there. He said the solution is to save the 18th hold and do what the town wants with the clubhouse. Tjossem said she attended two meetings that had many golfers in attendance. The Vail Recreation District (VRD) had meeting with golfers at one of their regular monthly meetings and Jeff Wiles met with a large group of golfers a day or two after that meeting. She said they heard from many golfers who gave the VRD positive feed back. Tjossem said she wanted to make sure people are hearing other sides of this issue. Mike Ortiz, Director of the VRD, stated the meetings with the golfers were held this past summer. Malia Norbrega said she is the property manager for the Vail Golf Course Townhomes Phases 2, 3 and 4, which are adjacent to the golf course and includes about 61 property owners. She said universally, no one is happy about changing the 18th hole nor were they happy about an events center being added to the clubhouse. She said 15 homeowners responded to a questionnaire she sent out. Six of them were strongly opposed to moving the 18th hole and nine of them questioned why the 18th hole should move. All of them were opposed to any event center. It would be overwhelming to the neighborhood and all of them are worried about it. They want a neighborhood agreement if an event center is added. She went to a neighborhood meeting but they didn’t say how this project should look. She hopes there will be more than one meeting with the neighbors. They want some say on what happens there and not be forced to fight with the golf course when issues come up, when there is no parking on the street and have noise issues. They want the renovation but don’t want an events center or other large venue at the club house. Rogers asked if she had emails for all these property owners. Norbrega said she does. Rogers asked for those emails so staff could get timely information out to them. Norbrega said they are getting their information from her and she is compiling information as she gets it and putting it on a website she has created. Daly said an operating agreement is being formulated by the VRD and will be coming forward and will be transparent to the community and there will be plenty of opportunity for input. 2/19/2013 Town of Vail August 21, 2012 Minutes Page 5 Norbrega said if the town and VRD have to rezone this area they want to make sure everything in the current zoning is abided by except for height which may have to be changed. Tjossem asked for the emails from her property owners to give to Greg Hall for the town’s records. Norbrega said several owners have looked at the temporary structures and they like them, which is something positive. Bill Pierce, owner in Fall Ridge said he is supportive of this project. He is speaking as a citizen and a person not old enough to golf yet. He said change is inevitable. If we don’t adapt, change, improve and modify, we will fall behind as a world class resort. This improvement is necessary and we need to look at ways to improve this and not looking at Donovan Pavilion as far as size, meetings and type of building. Joe Bachelor said his family has owned a Vail Golf Course Townhome for 25 years. He is concerned about the expanded parking. If they are talking about a facility that would accommodate an additional 200 people this is a concern. He said traffic planners figure 2.5 people per car for any event. A space for 200 would need an additional 75 parking spaces outside of golf activities. There are currently about 100 parking spaces and an additional 20 more spaces would be needed. If you look at case studies, they show you will have to limit parking as traffic congestion will occur. He said using the term “event center” is a poor term to use. He said people should use “community center” as it is more like what that space would be. He said if the town and VRD want to get the neighborhood on their side, give them additional neighborhood amenities. Maybe a small grocery store or a wine and cheese shop may help sell this project. Jim Lamont, representing the Vail Homeowners Association, said it may be helpful to give a summary at the end of this discussion so that the public has a sense of where we have been and where we are going with this project as not everyone understands where we are in the process and what subjects are not on the table and will not be revisited. Daly said they will address this at the conclusion of all input. Norbrega asked if this was an event center, a banquet room or a community room. Daly said this is an expansion of the current restaurant space by 18 feet. Zemler said the staff has asked the architects to address the long list that was submitted that need to be addressed and resolved. The architects, through the town’s process will have to address these and adhere to the regulations of the town. Many of the things in the PEC process are going to have to answer many of these questions. They have asked the architects if there are alternatives. The town is not stuck today and they are looking at addressing many concerns. The golf course hole has received Council and PEC direction and will not be addressed anymore. The conceptual review of temporary structures will be coming up. Hall said this will go to PEC in September for the temporary facilities that VRD will operate out of while the clubhouse is under construction and being renovated. The site planning and other constructs will be brought back to Council in the next two meetings. Hall said a submittal to PEC is tentatively scheduled for late September or early October to the PEC after consulting with the neighborhood. Zemler said they will be consulting the community and will try to incorporate as much as possible knowing the town will not be able to make everyone happy or satisfy everyone. He 2/19/2013 Town of Vail August 21, 2012 Minutes Page 6 said the VRD operational plan will be reviewed in the next few weeks as well which may answer a lot of the questions and issues that have been raised. Daly reiterated that Council would like Art Abplanalp, as the property owner’s attorney, review the list and add any discussion points or additional items that may be missing and submit that list to the staff to be reviewed and addressed. The fifth item on the agenda was an update on the Vail Valley Medical Center (VVMC) Master Planning Process. Doris Kirchner, Chief Executive Officer of the VVMC, thanked the Council for the opportunity to provide an update. This is the beginning of many more updates to come. They retained a consultant and three months ago they interviewed key stakeholders such as the doctors, staff and ancillary staff and lease holders within the hospital to begin to find a facility planning firm. A Request for Proposal (RFP) process has begun and the documents will be mailed out in the next ten days and a firm decision will be made by mid-October on which consulting firm will be retained. There are four areas that will be focused on: 1) emergency services and the location of emergency services; 2) site and community considerations such as traffic and parking studies, minimizing intrusions in the neighborhoods, locating loading docks; 3) infrastructure and work flow adjacencies, identifying services that can be done off site; and 4) space planning for private rooms, redevelopment of surgical services and expanded critical care services plus others. She said the loading and delivery services could be off site. Space planning will be about a nine to twelve month process. Then there is a 90-100 day architectural planning phase bringing them into January or February of 2014. Key points are that the VVMC is staying in Vail, they will address ambulance services, traffic and emergency services, loading and delivery, minimizing intrusions into the neighborhood, have a traffic study done, etc. They are identifying services that can be done elsewhere. They have moved approximately 40-60 trips away from Meadow Drive as they have sent these services down to the Edwards facility. The VVMC will remain a Level 3 trauma center which will require a helipad on site. She said there are approximately six times a month that there is a need to use a helicopter. They don’t expect that number to increase. The hospital knows they need to do a better job to address issues the neighborhood has with the VVMC. The VVMC contributes significantly to the preservation care of the community healthcare. Their goal is to implement the best facility plan that will serve the healthcare needs now and in the near and distant future. They are committed to a thorough study process of each and all the elements to reach their goal. They will keep the Council and the community informed through various meetings, BLOG’s and such as they navigate the process. Donovan asked to clear up the number of flights out of Vail was six flights per month and not six fights per day, that have a patient in the helicopter. Kirchner said its six flights per month. Donovan said rumors were circulating in town that the hospital has approached the helicopter company to have Vail be their home base and increase flights because this would be where they would park the helicopter everyday. Kirchner said she is dispelling the rumor as they are not considering the VVMC to be a base for helicopter services as they would have to provide fuel services. She stated this rumor may have been due to last year’s Tri State Air Flight’s service of the helicopter coming in and out of Vail twice a day. That is no longer happening. She said the hospital will only be providing critical care services for transport out of the area for higher service levels in other areas. She said 2/19/2013 Town of Vail August 21, 2012 Minutes Page 7 there would only be inbound flights picking up patients to take them out of Vail. They won’t be bringing critical care patients to Vail. They are a Level 3 trauma center and not a Level 1 trauma center. Rogers asked about the differences were between a Level 1 trauma services versus Level 3 trauma services. Kirchner said Level 1 services consist of 24 hour/7 days a week (24/7) care and the anesthesiologists and trauma surgeons have to be on site 100% of the time and 100% of the time blood transfusions etc. have to be available on site. Level 3 trauma is when the hospital has the capability of providing 24/7 care only to the point of having board certified trauma surgeons on staff and anesthesiologists available in sleep rooms or within 20-30 minutes of the hospital. Also, blood transfusions capabilities are available but not for large events. Daly asked about when the community outreach process starts, how it will look like and when input will be available to the community. Kirchner said they are adding a BLOG on their website that will be in place within the next 30 days; information will be in the newspaper, through intermittent Town Council updates as necessary and they will be hosting community open houses when information needs to be communicated to the community. Once the consulting firm is in place the meetings will be ongoing and the information will be disseminated about once a month or every other month. Daly asked when input from the community and neighborhood begins. Kirchner said at the same time, so they will get timely feedback. Tjossem asked if the hospital process will be lagging behind the behind the medical office building construction about two years. She wanted to know about the options of where the helipad will and can be placed. She said the FAA regulations discourage flight plans of the helicopters in neighborhood. Is this accurate? She said this topic should be scheduled to be resolved earlier in the process so they don’t limit their choices down the line. Kirchner said the hospital staff is looking at the helipad issue. There area helipads at Trauma 1 hospitals in Denver that are in neighborhoods. She said there are no statutory regulations on where helicopters can be placed. However, safety is of the upmost importance. Lane Lapin, a neighbor on West Meadow Drive, thanked the Council for the lost speed limit sign on West Meadow Drive that has been replaced. She sent an email of August 19th was on vehicular safety on West Meadow Drive. She said as far as the VVMC expansion, she asked the town to provide the process with a record of a formal traffic study prior to this expansion. Daly said there has been no formal traffic study done while he has been on Council. He said they acknowledge there are pedestrians, vehicular traffic, bicycles, and general recreational use on Meadow Drive. They want to have summer and winter traffic patterns in the study. There will be a traffic study done by a consultant hired by the applicant. He asked that she put her specific request in writing and give it to the VVMC to have addressed. Lapin asked for any enforcement action reports from the Vail Police Department that are specific to this area for the past two years, as the close calls between pedestrians, bicyclists and motor vehicles is very high. 2/19/2013 Town of Vail August 21, 2012 Minutes Page 8 Zemler said they are talking about two different things. The hospital is doing a master plan and they are not submitting a traffic study at this time and not submitting anything at this time for consideration. Zemler clarified that Lapin wants to find a base line of what accidents have happened on Meadow Drive to date. He asked Lapin to submit her questions to him, in writing, so the town staff can answer them to the best of their ability. Lapin doesn’t think there are any enforcement folks on West Meadow Drive very much. She wants a baseline prior to the VVMC expansion begins. She wanted a clarification of what emergent traffic means and where people will access emergency services. Daly stated this will be addressed in future VVMC presentations. She will see this information when Council sees it. Kirchner said the hospital has had a request to remove ambulance traffic off of West Meadow Drive. She said they would love to remove all traffic off West Meadow Drive however, they are looking at this. She said emergency traffic will be addressed during this process. Lapin said the speed limit is 15 mile per hour on W est Meadow Drive and a preponderance of vehicles think they have an entitlement to go faster on West Meadow Drive if they have to go to the hospital. She wants this issue addressed. Jim Lamont, representing the Vail Homeowners Association (VHA) said Council had a letter dated July 20, 2012, from the VHA stating the VHA is initiating a process to allow them to identify issues they have are important. They are also proposing a schedule for this process and want to have a dialogue with the VVMC and the town on this project. They polled an extensive number of people and what they view are issues for the VVMC projects. He said one of the big issues is the operation of the helicopter. He gave the staff a copy of the FAA regulations for helipads on hospitals. He said in the FAA rule making, a helipad in a neighborhood is not advised. Neighborhood safety is important, and the VVMC need to be in the process of having a helipad in the community not in the West Meadow Drive neighborhood. He said the “back of house” issues are another area to focus on. He said when they do the redevelopment of the U.S. Bank Building there is an opportunity to move the entire loading and delivery function from West Meadow Drive to the South Frontage Road. He went through issues the VHA had which included traffic studies done by the hospital instead of the town. He said the Council has a responsibility to conduct this study instead of the applicant. The next concern is how West Meadow Drive operates relative to traffic flow, pedestrian use, vehicles, skateboards, bicycles, etc. He believes there is a need to build a roundabout off of the Frontage Road to the hospital. The town and the VVMC have a responsibility to deal with traffic issues. The most logical place for helipad is to be as close to the hospital as possible and said the helipad should be at the new medical office building (MOB). Donovan asked for clarification on the location of the bus barn, is he suggesting that the medical office building be a temporary or permanent solution. Lamont said it would be up Council to define. Daly said he had a few questions for Lamont. He said the town has a regulatory responsibility and the town is in partnership for the development of the shared parking between the town and the MOB only. Lamont said the town should be responsible to do the traffic study and figure out that maybe a roundabout is necessary. Daly clarified that the VVMC process is not well under way and they are just starting the process and are at least nine months away from making any applications to the town. He said the updates will be no less than once every other month and 2/19/2013 Town of Vail August 21, 2012 Minutes Page 9 having it in writing is a good idea. It will be part of the record and Council will read it ahead of time so they can ask appropriate questions. Lamont said he feels both sides of the VVMC projects on each side of the Frontage Road should be considered as one. Daly said they are two distinct projects but they will look at the traffic issues together. Zemler said CDOT will have it no other way. The town and CDOT will have a say in this manner. In the PEC and Council process, CDOT input and the town’s process is very apparent. Daly said the town is asking for regular updates from the VVMC and will expand help expand to include the input process and this will be as encompassing as possible. From the Council perspective this will be a very inclusionary process. Lamont said there have been other projects that were highly volatile. He said the July 20th document included the neighborhood concerns. The VHA is suggesting the VVMC continue their dialogue with the neighbors and have a much more collegial and collaborative process. Daly said he has his own copy of the FAA regulations. He asked the rest of the Council to review these as well. In fairness, he said he should disclose his conflict of interest as a neighborhood adjacent property owner. Lamont said his wife owns the home and not him but is has fallen to him to bring to the Council the neighborhood concerns. Daly said the Council is committed to having an inclusive, comprehensive and innovative process. Yvonne Martins, a retired physician and a part time resident since 1984, said she is appreciative of opening this up to the public. She has concerns about the helipad being adjacent to tall buildings and being in a residential area. Her second concern is drawing people from the west of the County and towns to the west of Vail. She wants to know the rationale of bringing them into town when it is already congested. Margy Kell, an Alphorn condominium owner, said she has a bird’s eye view of West Meadow Drive. She said something serious is going to happen soon as there are so many different types of vehicles, bicycles, strollers, pets, skateboards and pedestrians on that road. She has never seen a police officer on Meadow drive or vehicles going the 15 mph speed limit. She wants to underscore the seriousness of this issue. She sees close calls for accidents nearly every day. Jerry Worshovski, a Scorpio condominium owner, said most everything has been spoken of, from his perspective, the hospital has taken care of all the walking wounded with the facilities they have now. He sees Vail as a paradise not a business. For this community, the hospital can take care of any needs but they don’t need to add additional trauma units. He is against the whole process as he doesn’t think this will change anything. It won’t be good for the community. It won’t do anything for the residents who are here full time or part time. Daly said one question that remains is at the next work session, should they discuss whether a traffic study should be implemented more quickly, be done by the town or the hospital and the hospital should pay for it. Moffet said doing a traffic study on a 15 mph study is tricky. He said historically, the state doesn’t recognize those speed limits and that you should be careful what you ask for, as the speed limit could go to 25 mph. 2/19/2013 Town of Vail August 21, 2012 Minutes Page 10 Zemler said let staff go back and look at what has been done, look at signage and day-to-day functioning. There may not be a need for a traffic study. They do have to be careful what they ask for as it may increase the speed limit as the street might accommodate a higher speed limit not a lesser speed limit. Staff will get back to Council with a report. The sixth item on the agenda was second reading of Ordinance No. 2, Series of 2012; the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Bill Gibson, Planner, handed out new copies of Ordinance No. 2 with revisions as discussed at the work session earlier in the day and Resolution No. 7, 2012. These are the most current ordinance revisions. A vicinity map was included to be perfectly clear which properties are included in this ordinance. He went through the amendments with Council. Donovan asked if there was any feedback from people notified in the past two weeks. Gibson said no response was received from anyone that notices were sent to via our public notice process, emails and mail, about a week and a half ago. Further discussion ensued. Gibson said changes to the parking and loading of one space per dwelling unit could be added versus the 1.4 that is there currently. With 1.4 this is rounded up to 2 spaces per unit. Daly and Rogers wanted to keep the status quo and keep it at 1.4 spaces per dwelling unit. Gibson said staff is okay with keeping it status quo. Moffet made a motion to approve second reading of Ordinance No. 2 with the amendments and the exception of parking and loading section to keep it GRFA based and the motion was seconded by Tjossem. Donovan said she is voting against it as supports the ordinance and resolution as read but this is a pretty big switch in direction and doesn’t think they have given folks adequate time to respond. Foley said he is voting against as he doesn’t think this will keep the character of the neighborhood as it is. Rogers said she did a walk through with Tjossem and Gibson. Gibson answered all the questions she had regarding keeping the character of the neighborhood. The design guidelines are so strict that the character of the neighborhood will be preserved. She will be voting in favor. Daly said kudos to Tjossem and Gibson for pursuing a solution to something that has been in process for over two years. He can support this whole heartedly. A vote was taken and the motion passed 3-2, Foley and Donovan opposed. Moffet made a motion to approve Resolution No. 7, Series of 2012, and the motion was seconded by Tjossem. A vote was taken and passed unanimously 6-0. The seventh item on the agenda was a discussion on the Main Vail Fire Station 2 bid award. Mark Miller said thanked the Council for going on the site visit to the Fire Station 2. Miller said the renovation of Fire Station 2 has been discussed and deferred for many years. Station 2 is significantly beyond its useful life in regards to basic infrastructure and systems and in need of 2/19/2013 Town of Vail August 21, 2012 Minutes Page 11 substantial repairs and maintenance. There is $1.75 million in the 2013 budget as part of the five year capital plan for renovation of Fire Station 2. Council approved $150,000 in 2012 for design and engineering, etc. Due to several significant projects including; municipal building construction, golf course clubhouse renovation, library renovation, etc., it has become apparent that moving the station renovation to 2012 would be prudent and advantageous for the town. In June, Council gave direction to move forward with final design and construction drawings and proceed with the bid process. Plans and approvals were completed and, staff solicited bids for construction, receiving six competitive bids. All of the bids exceeded the initial “preconstruction” estimates of approximately $1,400,000. Staff determined the lowest qualifying bidder was GE Johnson Construction Company. GE Johnson was asked to provide value engineering (VE) proposals for the town to consider and staff carefully reviewed areas that could lower costs without reducing quality and longevity of the structure. The bid from GE Johnson was $1,619,505. Approximately $35,000 was cut through the value engineering process in the short time frame they had to work with at this point. They are asking for the Council to direct the Town Manager to enter into a contract with GE Johnson for the renovation of Fire Station 2 for the amount of $1,584,505 based on accepted value engineering items and move the $1,750,000 budget in 2013 be moved to 2012, bringing the total project budget to $1,900,000 which is over $150,000 over the original budget amount. There is a six to seven month window of opportunity to get this project done. Donovan made a motion to direct the Town Manager to enter into a contract with GE Johnson for the renovation of Fire Station 2 for the amount of $1,584,505 with the suggested amendments and based on accepted value engineering items and move the $1,750,000 budget in 2013 be moved to 2012, bringing the total project budget to $1,900,000; and the motion was seconded by Rogers. Moffet said for the record, they walked the site and the town has squeezed every ounce of use out of the building. Rogers said moving the timing up to 2012 construction period as it falls nicely in timing with all the other projects so it makes sense to do it now. Daly asked that staff continue to work with GE Johnson to reduce the $150,000 that is over budget. A vote was taken and the motion passed unanimously, 6-0. The eighth item on the agenda was an update on the status of Ford Park Budget Phase 1 bid results and a request to award the Ford Park Phase 1 construction contract to R.A. Nelson, Inc. Greg Hall, Public Works Director, stated through the spring of 2012, they went through the development plan for Ford Park. Looking at all the phases, in June they identified that there were budget issues with some of the items. The original budget was $6.3 million, with $3.8 million coming from conference center funds and $2.5 million with existing RETT dollars. Construction drawings were done in the summer and they received four bids and all four bids were higher than the original cost estimates. There have been more RETT dollars identified to use toward this project since the East Vail bike lanes project came in lower than anticipated and RETT funds could be used from that project. Hall said work in Phase 1 includes a west outfield wall, setting up the project for moving the restrooms, working on the East Betty Ford Way path from the east parking lot down to the amphitheater, adding a major retaining wall. He said the most costly would be the utility work. He said the utility work is about a million dollars which is a significant change from the budget which was budgeted at $100,000. He said $1.3 million of the cost could be budgeted in 2013 and 2014. Phase 1 would be done in 2012, Phase 2 in 2013 2/19/2013 Town of Vail August 21, 2012 Minutes Page 12 and Phase 3 in 2014. Hall said through value engineering, they identified small items to reduce costs; East Betty Ford Way reducing traffic and making it one way. Timing of each phase was discussed, keeping access from at least one way open at all times. Doing work in the fall is best as spring can be very wet. Rogers and Donovan asked about the artificial turf in the softball fields. Donovan said she remembered the discussions about artificial turf and thought they had made a decision not to use it. There were several discussions around artificial turf. She remembered that they said injuries were higher, couldn’t hold events on it, the maintenance would be greater and artificial turf wasn’t “Vail”. Mike Ortiz, Director of the Vail Recreation District (VRD) said they aren’t putting in an artificial turf; they are putting in artificial interior fields. He explained the difference between artificial turf and a skinned infield. Ortiz said the whole idea for redoing the fields was to have a multi- purpose field where multiple sports could be played on it. He said we can’t have a skinned infield (a dirt infield) and have multiple sports. He said there is a lip from the infield to the outfield and this isn’t safe for other sports. When you have artificial turf on the infield, it creates a safety area and the transition is smoother. He said after the La Crosse tournaments play on the fields, the fields are torn up. Then you ask people to play softball on torn up turf and people get hurt. This is dangerous and this is a safety issue. Moffet asked that then the idea is to have a synthetic infield and natural turf on the outfield. Ortiz said yes. Moffet asked if there were other places that had this type of field. Ortiz said there is a complex in Denver that has three fields set up that way. Moffet said he is a fan of synthetic. He asked why you wouldn’t do the whole thing. Ortiz said cost is the factor for not doing the whole thing. Rogers asked why you can’t do this for the whole field for natural turf. Ortiz said you can’t play softball on a whole natural turf field. Further discussion ensued. Zemler said since this is not being done this year, maybe they do a field trip and get more information to Council as there is confusion about the differences. Ortiz said he has pictures, testimonials from people who use it and could do a field trip. Daly said Phase I is where they need to spend their time this evening. He asked Hall to talk about the utilities since this is a big budget breaker. Hall asked Mark Luna to talk about what is existing and what is proposed. Mark Luna with Martin/Martin, civil engineers for the project, said the cost to get a fire services to the Betty Ford Alpine Garden (BFAG) proposed building is $100,000. He said currently there is only one water line into the park at this time. The addition of another line allows for two water lines into the park. Daly asked why the town is paying for the hydrant for the BFAG if it is directly contributable to the gardens building. Luna said this line also supplies water to other parts of the park. If the current water line goes down, all water service to all parts of the park go down. Hall said this new line would service the new restrooms as well. The line doesn’t go down all the way to the BFAG building. The loop completion would be completed when they build the BFAG building. They have phased the water line to be done with the sewer line. The water and 2/19/2013 Town of Vail August 21, 2012 Minutes Page 13 sewer cost is approximately $500,000 to complete. Further discussion ensued about the sewer lines, water lines and where they need to go, deterioration of current lines, drainage, fitting three service utilities in one pathway, etc. Ortiz said when service goes down in the park for water, due to only having one line that is a real deal. This summer there was a break and they almost lost the turf. Todd Oppenheimer explained the electrical systems, which is the other large cost of utility work. He explained the current electrical services are not up to code and substandard. They will be relocating transformers; they will be adding transformers, adding 50 new lighting fixtures as well as controls to operate the lights. They would like to be able to dim them but this is not added in the costs at this time. The cost for this is about $446,000. The work will be done by Holy Cross and the town will have to pay for it. The two transformers may cost another $200,000. Hall said storm sewer work make up the rest of the cost of $135,000. This is part of the Phase 1 portion and there is also storm sewer costs in Phase 2 as well. Foley asked if we do electrical and water now, would the park have to be dug up again anytime soon. Hall said not for a while, once this work is completed it shouldn’t be dug up again until the playground restroom is done. Additional work will need to be done when the Phase 2 and Phase 3 projects move forward. Also there may be some work when the BFAG project and the amphitheater projects are ready to go. The Vail Valley Foundation and the BFAG are doing fundraising for their projects so that may take some time. Daly said the proposed budget is now up from $7.5 million to $8.5 or about 25% for Phase 1. He wanted to know what guarantees will the Council have that this won’t happen with Phases 2 and 3. Moffet asked what have we learned so we don’t do this again. Hall said utilities were a big issue. Staff is looking at reasonable tie-ins with utilities and with estimates and having a Phase 1 contractor, the plans are further along. There are cost savings by doing all this work now. He said his concern is that in 2013 and 2014, if construction picks up, the cost may go up. He said civil work is still competitive. Moffet asked if there are any additional surprises. Hall said the existing concrete block on field side is not in the estimate and is not in great shape and may be a significant cost. Moffet said to build it in. Daly asked why the town wouldn’t get VRD to pay for the artificial turf. Ortiz said the town could ask the VRD to pay for part of it and the VRD could make payments to the town. The town could ask for it if they choose to. Daly summarized the costs and asked the rest of the Council if they are willing to add additional funds in this project from RETT funds. Further discussion ensued. Moffet made a motion to award the Ford Park Phase 1 construction contract to R.A. Nelson, Inc. for $4,737,338 as stated in Option 1 of the memorandum. The motion was seconded by Foley. A two minute break was taken. 2/19/2013 Town of Vail August 21, 2012 Minutes Page 14 Zemler stated he wanted to be sure everyone understands by making this allocation today this still is true and whole and within the parameters of what the voters have agreed upon. This fall the Vail Valley Foundation (VVF) will start implementing some of their projects. Jack Hunn, with the VVF, said their Phase 1 of their project is out to bid now and three weeks out from knowing what the costs are. They are hoping they don’t have the same budget challenges as they want to start construction beginning September 24, 2012. A vote was taken and the motion passed unanimously, 6-0. The ninth item on the agenda was Resolution No. 25, Series of 2012, A Resolution calling a special election for November 6, 2012, to be Coordinated with Eagle County, and submitting ballot questions to the registered electors of the Town of Vail at the November 6, 2012 Coordinated Election. Matt Mire, Town Attorney, stated the Council determined that several changes to the Vail Town Charter were warranted. All amendments to the Vail Town Charter must be approved by the registered electors of the Town at a regular or special election. Mire reviewed each of the ballot questions with Council. Additional discussion was had on item number 4, regarding percentages of referendum and initiative needed to add something to the town’s ballot. The state percentages would be a lesser percentage than the town’s current percentages. Another item was the split for budget requirements for capital projects and the general fund on whether it should be by ordinance versus charter as the charter does not have a specific split in the language. Moffet had more questions on the date of elections. Mire will research this further and take another look at this. Mire said September 4 is the last date that the town can approve ballot questions and submit them to the County by September 7th, to be included in the November election. The other item was to keep the percentages of signatures needed per the existing town charter for initiative and referendums but clean up the language for the procedural items. Foley asked how you get this information out to the public. Mire said that the town a resolution they can adopt to explain the changes. Rogers said the item regarding the split allocation of the capital funds and the general fund should be done by ordinance. It is not a good idea to keep it in the charter as it is not clear about the specific split and cannot be changed except by voters. The Council is still be bound by ordinance to approve the budget. The council has always had a super majority vote on the budget. This could still be done by ordinance. If circumstances change in future, it gives council flexibility to change as they still have the same analysis process. It gives the Council flexibility they otherwise wouldn’t have. They would still have to have a super majority. Moffet said this doesn’t belong in the charter, it’s messy and it’s not clear. Mire said the split has been a compilation of various ordinances and discussions through the years; this is not in the charter. 2/19/2013 Town of Vail August 21, 2012 Minutes Page 15 Daly said he will represent the opposing view. He said there have been things amended through the years in the constitution and it can be appropriate. This concept has served us well. He thinks that a fundamental of budgeting is better not to change things easily. If there needs to be change there are mechanisms in place to allow for that. He said he wants to propose a more conservative approach by considering the foundation that they rely on year after year, are more stabilizing and why they have large budget fund balances now. By changing to make it easier to change percentages will not serve the town. Rogers said the past language doesn’t say anything about a 50/50 split. Daly said they have been living by this idea and directed by the charter that split sales tax revenue on a 50/50 basis. Moffet said it was an interesting point, but the language isn’t in the charter and the Council is still following the split closely. Rogers said the budget could be approved by super majority. Council is allowing two or three people to hold up the whole process. If there is anything less than a simple majority, there could be blocks if people say don’t approve the budget unless you do what they say. Daly said that is a possibility. The charter does provide that the prior budget year stays the same in that case. Further discussion ensued. Moffet he would rather see it in an ordinance. Tjossem said she feels just because we have always done it the same doesn’t mean you should keep doing it. She thinks it would be better to go to an ordinance and this is the right time to clean it up so all current and future Council members get this right. It doesn’t make sense that this be in the charter anymore. Donovan said generally people want to have the 50/50 reflected in an ordinance. She said there could be five votes for that. She said they are avoiding the option to doing away with 9.4 in its entirety or leaving some language in the charter. She said to strike Section 9.4 entirely, leave as it or change it. Daly asked if there were four people in favor of having this by ordinance. Tjossem, Rogers, Moffet and Foley raised their hands in favor of doing this by ordinance. Daly and Donovan opposed. Further discussion ensued about how to proceed, about whether to strike section 9.4 in it’s entirely, or changes the charter language; find the right balance of language in the charter and by ordinance. Mire will bring back new language at the September 4 meeting in a resolution. Daly reviewed the ballot questions again and Mire will bring back a resolution with the changes. “Safety language” will be proposed that may be added to the charter regarding the capital and general fund issue. The Council has a September 4th deadline to approve final ballot language questions The tenth item on the agenda was Ever Vail. Staff requested Council continue the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 to the September 18, 2012 public hearing. Moffet made a motion to continue the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 to the September 18, 2012 public hearing and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 6-0. 2/19/2013 Town of Vail August 21, 2012 Minutes Page 16 The eleventh item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 6-0. The meeting adjourned at 9:50 p.m. Respectfully Submitted, Attest: __________________________________ Andrew P. Daly, Mayor ________________________________ Lorelei Donaldson, Town Clerk 2/19/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 19, 2013 ITEM/TOPIC: Town Manager Report: 1) Timber Ridge Discussion - Stan Zemler 2) Synthetic Infields at Ford Park - Todd Oppenheimer ATTACHMENTS: Approved June 19, 2012 Town Council Meeting Minutes Ford Park Update Ford Park 1 Ford Park 2 Ford Park 3 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 To: Vail Town Council From: Public Works Department Vail Recreation District Date: February 19, 2013 Subject: Ford Park request to include Synthetic Turf I. SUMMARY The purpose of this discussion is to request approval from the Town Council to include a Hybrid Sport Field System in the completion of the Phase 1 Ford Park Improvements scheduled to begin in September 2013. A Hybrid Sport Field System includes natural turf outfields combined with synthetic turf infields, along with subgrade and subsurface drainage systems, to create a safe, uniform and consistent playing surface. II. BACKGROUND The Ford Park Management Plan Update was approved by the PEC on April 9, 2012 and adopted by resolution of the Town Council on April 17, 2012. The Ford Park Phase 1 Development Plan and Conditional Use Permit were approved by the PEC on May 21, 2012. The athletic field realignment, as it is referred to in the Updated Management Plan, includes the expansion of the field area by relocating the restroom/concession facility, and east parking lot and construction of a retaining wall at the south west corner of the existing fields. The expansion allows for 3 full size softball fields or 2 full size soccer/lacrosse fields. The new restroom/concession building and outfield retaining wall are well underway and will be completed by June 1, 2013. The space available for the expanded fields requires the soccer/lacrosse layouts to cross over and utilize the softball infield areas. The use of synthetic turf in Ford Park was omitted from the approval of the update to the Ford Park Management Plan and subsequent Phase 1 Ford Park Development Plan by the Town Council to allow staff an opportunity to gather additional information. If the Town Council determines a Hybrid Sport Field System is appropriate, staff will proceed through the Design Review Board required approval and incorporate the system into the final construction documents. The estimated budget for the Hybrid Sport Turf System including fencing is $1.22 M. 2/19/2013 Town of Vail Page 2 III. EFFECTS ON TOURNAMENT PLAY The Vail Recreation District (VRD) is responsible for establishing and promoting the numerous sport tournaments and local recreation league paly which utilize the Ford Park Sport Fields. Sport tournaments such as the Lacrosse Shoot Out and 3 on 3 Soccer are significant economic generators for the town. VRD staff has been in communication with the event organizers over the last several months. In the past, softball infields at Ford Park have been constructed of a specialty mix of sand and clay (dirt) materials. It is prepared by VRD staff for each day that games are scheduled. The transition between the dirt infields and the natural turf outfields is a significant concern to the tournament organizers. Even with regular maintenance there can be a lip which creates a trip hazard and causes erratic ball bounces which can cause injury. Sport tournament organizers have communicated their concerns to the VRD staff and would likely withdraw their events from Vail if the dirt infields were to be reconstructed. Please refer to Attachment 1. Synthetic turf, know as “Turf” in the industry, is the preferred surface by the Lacrosse and 3 on 3 event organizers. Please see the correspondence addressed to the VRD in regards to the use of Turf in Ford Park. Attachment 1 also contains photographs of the existing dirt infields to illustrate the concerns in regards to the existing unsafe transition between the dirt infields and natural turf outfields. IV. COMMON SPORT FIELD CONSTRUCTION Hybrid Sport Fields (natural turf outfields - synthetic turf infields) have become common place throughout the country. Today they are considered to the state-of-the-art and are included in the most facilities that market intensely for national and regional softball and little league tournaments. Hybrid Sport Filed Systems and preferred by facility managers, organizers, coaches and players. The fields are safe, easier and less expensive to maintain, drain quickly when wet and hold up better to the intense use that comes with tournament play. Sport Field designers and contractors know how to build them and successfully create the seam between natural and synthetic turf surfaces to be safe and permanent. Please refer to Attachment 2. Attachment 2 includes a discussion of factors supporting the benefits of synthetic turf and testimonials from synthetic turf users. Please refer to Attachment 3. Attachment 3 includes documentation from Turf Solutions Group, a professional design/build company specializing in synthetic and hybrid sport turf installations. The documentation is in regards to a recent, successful hybrid sport turf complex project in Newberry, Florida. There are similarities between all hybrid sport turf installations and while the species of natural turf will vary at Ford Park, the installation techniques will be the similar. 2/19/2013 Town of Vail Page 3 Synthetic turf is manufactured in a variety of colors and nap heights customizable to an organizations particular needs and type of play. Staff will present some color material samples from one manufacturer, Astroturf, at the Town Council session. Final material, nap height and color selection will require additional coordination with the manufacturers and installers later in the process. V. STAFF RECOMMENDATION Staff generally try’s to lay out options for the Town Council allowing the Council to make informed decisions. In the case of a Hybrid Sport Field System at Ford Park there are not good options. To retain the economically important sport tournaments in Vail, staff recommends the Town Council approve the inclusion of the Hybrid Sport Field System in the completion of the Phase 1 Ford Park Improvements scheduled to begin in September 2013. To facilitate the process a Request for Qualifications and a subsequent Request for Proposals have been issued to select design/build firms to begin the process of employing the services of a design - build contractor to help ensure the field systems are properly designed and constructed. This contractor will work concurrently with a general contractor, focusing only on the sport field related work. With the councils permission to continue staff will interview potential firms in earl y March and bring back a recommendation to award a design - build contract to the Town Council for approval at the second meeting in March. VI. ACTION REQUESTED BY COUNCIL Staff requests the Town Council approve the inclusion of the Hybrid Sport Field System in the completion of the Phase 1 Ford Park Improvements scheduled to begin in September 2013. 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 19, 2013 ITEM/TOPIC: A request for the Vail Town Council to reconsider an encroachment into an existing view corridor, pursuant to Section 12-22-6, Vail Town Code. (Resolution No. 3, Series of 2013) PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the request to reconsider. BACKGROUND: On February 5, 2013, the Vail Town Council considered a request for an encroachment into an existing view corridor (Resolution No. 3, Series of 2013). Following a site visit to the affected view point (V.P. #8) in Lionshead and a presentation by staff of the Town of Vail Planning and Environmental Commission's action approving the request, a motion to approve Resolution No. 3, Series of 2013, failed due to a lack of majority vote (3-3). That being the case, it is likely a motion denying said resolution would have failed due to a lack of majority vote. STAFF RECOMMENDATION: Town staff recommends the Vail Town Council grants the request to reconsider action taken on Resolution No. 3, Series of 2013. Staff's recommendation is based on the following factors: The Vail Town Council members were evenly split on the motion. (3-3) The applicant was not afforded an opportunity to make a full presentation. ATTACHMENTS: Cotton Top LLC Correspondence 2/19/2013 COTTON TOP LLC 520 E. Lionshead Circle, Vail, CO 81657 February 12, 2013 Town Council Members Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Lionshead Centre - View Corridor Encroachment Dear Town Council members: As you are aware from the meeting on held on February 4 with regard to the minor encroachment into view corridor #8 on the west side of the Lionshead Centre building, a motion to approve failed with a vote of 3 for and 3 against. Since this motion failed, we have requested that the Town Council reconsider our application. At the meeting on February 4 our representatives were not afforded an opportunity to present our request. We'd like our presentation to be made and we believe that once the Town Council has an opportunity to see the presentation that the outcome may be different. Both the DRB and PEC benefited from seeing the full presentation which resulted in unanimous approvals from both boards. The DRB evaluated the design of the proposed building addition at two meetings and believed the design of all elevations was appropriate. The PEC found specifically that the encroachment into the view corridor was warranted and appropriate. We are three owners within the Lionshead Centre that are taking the lead within our association to invest and make improvements to the building. Beyond the addition that is proposed, we are leading an exterior improvement program including: pool area renovation, commercial upgrades, and improved waste management containment. With our support, the HOA recently hired 4240 to look at the building comprehensively and recommend improvements. 2/19/2013 We hope to move forward with these improvements and request that you allow us this first step. We look forward to being able to present the proposal to the Town Council on February 19. Sincerely, Jorge Esteve Recolons Owner Cotton Top LLC 2/19/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 19, 2013 ITEM/TOPIC: Resolution No. 3, Series of 2013 a resolution approving an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code to allow for the encroachment of an addition to the Lionshead Centre Building into View Point #8, located at 520 East Lionhead Circle/Lot 5, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: Approve, approve with Modifications, or deny Resolution No. 3, Series of 2013. BACKGROUND: View corridors have been established with the Town of Vail to maintain and protect certain views to the surrounding area from public plazas and pedestrian ways. Encroachments into existing view corridors are allowed when it can be determined that the proposed encroachment does not negatively impact the intended purpose of the view corridor. Three residential property owners within the Lionshead Centre Building are proposing to complete residential additions to their dwelling units. The proposed additions encroach into View Corridor #8. In order to construct the residential additions as proposed, the property owners must first be granted permission by the Town of Vail to encroach upon the existing view corridor. STAFF RECOMMENDATION: The Town of Vail Planning & Environmental Commission (PEC) has granted an approval of the request for an encroachment into View Corridor #8. The approval was granted based upon the review of the criteria and findings outlined in the memorandum to the PEC dated, January 14, 2013. Staff recommends the Vail Town Council upholds the approval of the PEC and grants an approval of Resolution No. 3, Series of 2013, as read. ATTACHMENTS: Resolution No. 3, Series of 2013 PEC Memo 1/14/13 Attachment A vicinity map Attachment B proposed encroachment Attachment C applicant's request Attachment D DRB120433 approved plans 2/19/2013 1 Resolution No. 3, Series of 2013 RESOLUTION NO. 3 Series of 2013 A RESOLUTION APPROVING AN ENCROACHMENT INTO AN EXISTING VIEW CORRIDOR, PURSUANT T O SECTION 12 -22-6, ENCROACHMENTS INT O EXISTING VIEW CORRIDORS, VAIL TOWN CODE, TO ALLOW FOR THE ENCROACHMENT OF AN ADDITION TO THE LIONSHEAD CENTRE BUILDING INTO VIEW POINT #8, LOCATED AT 520 EAST LIONSHEAD CIRCLE/LOT 5, BLOCK 1, VAIL LIONSHEAD FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO. (PEC120047) Whereas, on August 4, 1992, the Vail Town Council adopted Ordinance No. 18, Series of 1992, which, in part, established Chapter 18.73 (now known as 12-22), View Corridors, Vail Town Code, for the purpose of protecting views within the Town of Vail. This chapter of the Town’s zoning regulations has subsequently been amended numerous times; and, Whereas, on December 15, 1998, the Vail Town Council adopted Resolution No. 14, Series of 1998, establishing the Lionshead Redevelopment Master Plan which included a recommendation to preserve certain public views, including a view from the pedestrian mall looking directly south up the gondola lift line; and, Whereas, on August 6, 200 2, the Vail Town Council adopted Ordinance No. 16, Series of 2002, establishing the View Point #8 (formerly know as Lionshead view corridor #2); and, Whereas, on November 18, 2008, the Vail Town Council adopted Ordinance No. 23, Series of 2008, which, in part, amended View Point #8 to reflect the construction of the Arrabelle development project which frames the west boundaries of View Point #8; and, WHEREAS, Section 12-22-6, Encroachments Into Existing View Corridors, Zoning Regulations, Vail Town Code, sets forth the procedures for review of applications to encroach into existing view corridors; and, Whereas, according to the Eagle County Assessor, the Lionshead Centre Building was constructed in 1970; and, W HEREAS, owners of real property in the Lionshead Centre Building have submitted an application to encroach into an existing view corridor to allow for an 803 square foot residential addition to Units 208, 308 and 309 of the Lionshead Centre Building; and, WHEREAS, on January 14, 2013 the Town of Vail Planning and Environmental Commission held a public hearing on the application to allow for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into View Corridors, Vail Town Code; and, WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval (6-0-0), with conditions, for the proposed view corridor encroachment to the Vail Town Council; and, 2/19/2013 2 Resolution No. 3, Series of 2013 WHEREAS, the Vail Town Council finds and determines that the applicant has demonstrated by clear and convincing evidence that the encroachment meets all of the criteria listed in Section 12-22-6 (C) of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Vail Town Council finds and determines that the encroachment 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 encroachment 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 RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: SECTION 1. APPROVAL An encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of a residential addition into View Point #8, at the Lionshead Centre Building, located at 520 East Lionshead Circle/Lot 5, Block 1, Vail Lionshead Filing 1, (PEC12004) is hereby approved subject to Section 2, Conditions of Approval, herein. SECTION 2. CONDITIONS OF APPROVAL 1. Approval of this encroachment into an existing view corridor is specific to the design review application for a residential addition to Units 208, 308, and 309, Lionshead Centre Building, Town of Vail, as approved by the Design Review Board on December 5, 2012. (DRB120433) 2. Approval of this encroachment into an existing view corridor shall become null and void upon the demo/rebuild, as defined by Chapter 12-2, Definitions, Vail Town Code, of the Lionshead Centre Building. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 5th day of February, 2013. __________________ Andrew P. Daly, Mayor ATTEST: _________________________ Lorelei Donaldson, Town Clerk 2/19/2013 TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 14, 2013 SUBJECT: A request for a recommendation to the Vail Town Council on an application for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of an addition to the Lionshead Centre Building into View Point #8, located at 520 East Lionshead Circle/Lot 5, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC120047) Applicant: Jorge Esteve, Javier Barrios, and Lucilia DeLaLama, represented by Suman Architects and Mauriello Planning Group Planner: Bill Gibson I. SUMMARY The applicants, Jorge Esteve, Javier Barrios, and Lucilia DeLaLama, represented by Suman Architects and Mauriello Planning Group, are requesting the review of an application to allow for the encroachment of an addition to the Lionshead Centre Building into the adjacent View Point #8. Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, for this view corridor encroachment application, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST Pursuant to Section 12-22-4, Adopted View Corridors, Vail Town Code, the subject View Point #8 protects “a view from the pedestrian plaza at the east end of the Lifthouse Lodge looking south directly up the gondola lift line.” The existing Lionshead Centre Building frames the eastern side of this view corridor and the Arrabelle Hotel frames the western side of the view corridor. The applicants are proposing an 803 sq.ft. (originally proposed as an 859 sq.ft.) addition to Units 208, 308, and 309 of the Lionshead Centre Building. The proposed addition is 2/19/2013 Town of Vail Page 2 located at the rear (south) of the existing building and extends the existing western exterior wall of the Lionshead Centre Buidling south toward the adjacent ski yard. Although the proposed addition is located at the rear (south) of the Lionshead Centre Building, the proposed addition will impact View Point #8 because the west façade of the existing Lionshead Center Building and View Point #8 are not precisely parallel. The exterior wall of the subject addition is proposed to extend one foot and three inches (1’-3”) into the view corridor and the associated roof eave is proposed to extend two feet of seven eighths of an inch (2’-07/8”) into the view corridor. A vicinity map (Attachment A), proposed view corridor encroachment (Attachment B), the applicant’s request (Attachment C), and the associated, design review approved architectural plans (Attachment D) have been attached for review and inclusion in the record. III. BACKGROUND According to the Eagle County Assessor, the Lionshead Centre Building was constructed in 1970. On October 15, 1970, a condominium map of the constructed Lionshead Centre Building was recorded with the Eagle County Clerk and Recorder. On August 4, 1992, the Vail Town Council adopted Ordinance No. 18, Series of 1992, which in part established Chapter 18.73 (now known as 12-22), View Corridors, Vail Town Code, for the purpose of protecting views within the Town of Vail. This chapter of the Town’s zoning regulations has subsequently been amended numerous times. On December 15, 1998, the Vail Town Council adopted Resolution No. 14, Series of 1998, which established the Lionshead Redevelopment Master Plan. This master plan included a recommendation to preserve certain public views, including a view from the pedestrian mall looking directly south up the gondola lift line. On August 6, 2012, the Vail Town Council adopted Ordinance No. 16, Series of 2002, which established the subject View Point #8 (formerly know as Lionshead view corridor #2). On November 18, 2008, the Vail Town Council adopted Ordinance No. 23, Series of 2008, which in part amended the subject View Point #8 to reflect the construction of the Arrabelle development project which frames the west boundaries of View Point #8. On December 5, 2012, the Design Review Board approved the accompanying design review application for the subject addition to the Lionshead Centre Building (DRB120433) by a vote of 4-0-0 with a condition of approval that: “This design review approval is contingent upon the applicant obtaining Town of Vail approval of the associated view corridor encroachment/amendment application.” 2/19/2013 Town of Vail Page 3 IV. ROLES OF THE REVIEWING BODIES Planning and Environmental Commission: The Planning and Environmental Commission is responsible for forwarding the Town Council a recommendation on any view corridor encroachment or amendment application, in accordance with the provisions of Chapter 12-22, View Corridors, Vail Town Code. Design Review Board: The Design Review Board has no review authority over a view corridor encroachment or amendment application. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council is responsible for the final approval, approval with modifications, or denial of a view corridor encroachment or amendment application. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board under certain conditions. V. APPLICABLE REGULATIONS VAIL LAND USE PLAN CHAPTER II: LAND USE PLAN GOALS / POLICIES (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development 2/19/2013 Town of Vail Page 4 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. 4. Village Core / Lionshead 4.2. Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. CHAPTER VI: PROPOSED LAND USE (IN PART) LRMP Lionshead Redevelopment Master Plan Included in this category are those properties which are identified as being included in the Lionshead Redevelopment Master Plan boundaries. Properties located within this land use category shall be encouraged to redevelop, per the Master Plan recommendations, as it has been found that it is necessary in order for Vail to remain a competitive four-season resort. Uses and activities for these areas are intended to encourage a safe, convenient and an aesthetically-pleasing guest experience. The range of uses and activities appropriate in the Lionshead Redevelopment Master Plan (LRMP) land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, open spaces, parking and loading/delivery facilities/structures, public utilities, residential, lodges, accommodation units, deed restricted employee housing, retail businesses, professional and business offices, personal services, and restaurant uses. LIONSHEAD REDEVELOPMENT MASTER PLAN 4.4 PUBLIC VIEW CORRIDORS On May 20, 1997, recognizing the importance of visual connections, the Vail Town Council approved the use of the existing Town of Vail view corridor ordinance to designate the first protected public view corridors in Lionshead. In order to qualify for protection under the Town’s ordinance, a view corridor must meet the following criteria: 2/19/2013 Town of Vail Page 5 a. Is the view critical to the identity, civic pride, and sense of place of Lionshead? A nice view is not sufficient. b. Is the view seen from a widely used, publicly accessible viewpoint? Views from private property cannot be recognized or protected by this ordinance. c. Is the view threatened? Is there a possibility that development on nearby property would block the view? It is critical to note that the following recommended public view corridors will create a development constraint that will work with all other applicable development and regulatory guidelines and standards. The suggested location and outline of any view corridor is not intended to create a “build-to” line for a vertical architectural edge that would not be allowed under other applicable guidelines and standards. According to these criteria and following an intensive public input process, protection of the following public view corridors is recommended (see Map O): 4.41 Public View Corridors Protected under the Town of Vail View Corridor Ordinance It is proposed that two legally protected view corridors be established according to existing Town of Vail code: 4.412 View Corridor Two This view corridor (see figure 4-2) is seen from the pedestrian plaza at the east end of the Lifthouse Lodge, looking south directly up the gondola lift line. This view fulfills the following criteria: a. It fosters civic pride and is central to the identity of Lionshead. b. It is taken from a commonly used, publicly accessible viewpoint. The mountain view from this point is currently very broad, crossing much of the Vail Associates core site. As part of the redevelopment of the Vail Associates core site this view corridor should become narrower and more focused on the new gondola terminal. Given the current lack of a defining architectural edge, the dimensions of this corridor should roughly correspond to the suggested view boundaries outlined in figure 4-2. Figure 4-2: Public View Corridor Two 2/19/2013 Town of Vail Page 6 TITLE 12: ZONING REGULATIONS CHAPTER 12-21: VIEW CORRIDORS (IN PART) 12-22-1: PURPOSE: The town believes that preserving certain vistas is in the interest of the town's residents and guests. Specifically, the town believes that: A. The protection and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the town will foster civic pride and is in the public interest of the town. B. It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the town. C. The preservation of such views will strengthen and preserve the town's unique environmental heritage and attributes. D. The preservation of such views will enhance the aesthetic and economic vitality and values of the town. E. The preservation of such views is intended to promote design which is compatible with the surrounding natural and built environment, and is intended to provide for natural light to buildings and in public spaces in the vicinity of the view corridors. F. The preservation of such views will include certain focal points such as the Clock Tower and Rucksack Tower, which serve as prominent landmarks within Vail village and contribute to the community's unique sense of place. 12-22-3: LIMITATIONS ON CONSTRUCTION: No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with section 12-22-6 of this chapter. 12-22-4: ADOPTION OF VIEW CORRIDORS: Photographs on record with the department of community development and the following legal descriptions are hereby approved and adopted as official view corridors protecting views within the town. The photographs taken represent the boundaries defined by the legal descriptions. The camera used to take the photographs was held five and four-tenths feet (5.4') above the instrument, which is approximate eye level for most adults. A thirty five millimeter (35 mm) camera was used for each photograph; however, once developed, some photographs were cropped or enlarged to improve the graphic representation of each view corridor. 2/19/2013 Town of Vail Page 7 G. View Point #8: A view from the pedestrian plaza at the east end of the Lifthouse Lodge (555 E. Lionshead Circle) looking south directly up the gondola lift line. 1. Purpose: To protect the views of Vail Mountain from the core of the Lionshead area. 2. Survey Control: Based on published material from town of Vail GPS control map. Points Spraddle and 1766 were used for this survey. Bearings reported below are tied to this control. 3. Instrument; View Point #8: A 21/2 inch diameter aluminum monument, flush in brick pavers, stamped View 8. 4. Backsight: A 21/2 inch diameter aluminum monument, which bears S84°22'18"W a distance of 164.53 feet. Located flush on top of the stone wall running east to west in front of the Montauk Deck east of the main entrance, stamped CP Montauk. 5. Height Of Survey Instrument Above View Point #8: 5.03 feet (to match previous height before streetscape). 6. Table: Horizontal Angle Zenith Angle Foresight Point On Photo As Of July 8, 2008 267°00'33" 79°08'15" A - intersection of the horizon with a vertical line defined by the southerly roof line on the Vail Lionshead Centre Condominiums, 520, E. Lionshead Circle 266°52'31" 85°10'55" B - intersection of a lower roof at the westerly end and the westerly building wall of the Vail Lionshead Centre Condominiums 268°09'29" 85°55'59" C - westerly end of the lower roof on the westerly end of the Vail Lionshead Centre Condominiums 267°50'34" 87°46'40" D - intersection of the red awning and the westerly wall of the Vail Lionshead Centre Condominiums 269°10'34" 87°51'15" E - top westerly corner of red awning 269°10'34" 88°28'56" F - point of intersection of the red awning and the main level roofline on the westerly end of the Vail Lionshead Centre Condominiums 271°54'54" 88°28'56" G - point of intersection of a line projected from View Point F across the Eagle Bahn Gondola ski yard to the support post of the sloped roof of the terrace on the 1st level along the east side of the Arrabelle at Vail Square 281°17'48" 87°51'18" H - underside intersection of sloped roof and the support post of the terrace on the 1st level on the east side of Arrabelle at Vail Square 2/19/2013 Town of Vail Page 8 280°52'19" 87°46'16" I - underside of sloped roof of the terrace on the 1st level on the east side of Arrabelle at Vail Square 280°42'31" 87°24'36" J - top edge of overhang/beginning of sloped roof of the terrace at the 1st level on the east side of the Arrabelle at Vail Square 281°30'24" 87°06'00" K - intersection of sloped roof of the terrace at the 1st level and the east wall of the Arrabelle at Vail Square 281°31'32" 79°37'37" L - intersection of the east wall of the Arrabelle at Vail Square and the bottom outer edge of the concrete deck on the 6th level of the Arrabelle at Vail Square 281°09'32" 79°02'30" M - top outer edge of concrete deck on the 6th level of the Arrabelle at Vail Square O - line projected from View Point M straight up to the horizon line of Vail Mountain The following are permitted within view corridor #8: drain pipes; roof snow fences; streetlights; decorative outdoor lights/lighting; ski lifts/tows and appurtenances; ski area installations and appurtenances, e.g., signs, fencing; other items not comprising the structure of the building; all structures permitted under this code contained within the following described parcels: Parcels A and B, Lot 1, Block 2, Vail Village Sixth Filing; Units A and B, Lot 5, Block 4, Vail Village Third Filing; Lot 4, Block 4, Vail Village Third Filing (a.k.a. Beaver Dam Condominiums); Parcels A and B, Lot 1, Block 1, Vail Village Sixth Filing; Units 1 and 2, House in Forest Condominiums; Parcels A and B, Lot 3, Block 1, Vail Village Sixth Filing; Lots 1 and 3, Forest Place Subdivision; Lot 6, Block 1, Vail Village Third Filing. 12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS: An application for approval to encroach into an existing view corridor may be initiated by the town council on its own motion, by the planning and environmental commission on 2/19/2013 Town of Vail Page 9 its own motion, or by application of any resident or property owner in the town, or by the administrator or his/her designee. C. Criteria For Encroachment: No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the following criteria: 1. That the literal enforcement of section 12-22-3 of this chapter would preclude a reasonable development of a proposed structure on the applicant's land. 2. That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter. 3. That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. 4. That the development proposed by the applicant complies with applicable elements of the Vail land use plan, town policies, urban design guide plans, and other adapted master plans. 5. That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view. VI. SITE ANALYSIS – Lionshead Centre Building Addition Address: 520 East Lionshead Circle Legal Description: Lot 5, Block 1, Vail Lionshead Filing 1 Zoning: Lionshead Mixed Use 1 Land Use Designation: Lionshead Redevelopment Master Plan Mapped Geological Hazards: None Lot Area: 40,206 sq.ft. (0.92 acres) Standard Allowed/Required Existing Proposed Lot/Site Area: 10,000 sq.ft. buildable 40,206 sq.ft. no change Setbacks: North 10 ft. or per build-to-lines 11 ft. no change East 10 ft. or per build-to-lines 43 ft. no change West 10 ft. or per build-to-lines 4 ft. no change South 10 ft. or per build-to-lines 0 ft. no change Height: 82.5 ft. max/71 average 53 ft. max no change GRFA: 100,515 sq.ft. (2.5 ratio) 28,781 sq.ft. 29,584 sq.ft. or 33% more than existing (+803 sq.ft.) 2/19/2013 Town of Vail Page 10 Site Coverage: 28,144 sq.ft. (70%) 23,401 sq.ft. no change or per master plan Landscaping: 8,041 sq.ft. (20%) 8,039 sq.ft. no change or per master plan Parking: 26 26 no change VII. REVIEW CRITERIA Before acting on a view corridor encroachment, the Planning and Environmental Commission shall consider the following factors with respect to the proposal: 1. That the literal enforcement of Section 12-22-3 of this chapter would preclude a reasonable development of a proposed structure on the applicant's land. The Lionshead Centre Building was constructed in 1970. The original construction of this building pre-dates the Town’s 1998 adoption of view corridor recommendations in the Lionhead Redeveloment Master Plan, the Town’s 2002 adoption of the subject View Point #8, and the Town’s 2008 amendment to the western boundary of View Point #8 to match the newly constructed facade of the Arrabelle Hotel. The applicants are proposing an 803 sq.ft. addition to Units 208, 308, and 309 of the Lionshead Centre Building. The proposed addition is located at the rear (south) of the existing building and extends the existing western exterior wall of the Lionshead Centre Buidling south toward the adjacent ski yard. Although the proposed addition is located at the rear (south) of the Lionshead Centre Building, the proposed addition will impact View Point #8 because the existing Lionshead Center Building and View Point #8 are not precisely parallel. Units 208, 308, and 309 are the only residential units in the Lionshead Centre affected by this circumstance. Other units in the building have the opportunity for expansion without impacts from View Point #8. In proposing to construct an addition to Units 208, 308, and 309, the western exterior wall of the addition is proposed to extend 1’-3” into the view corridor and the associated roof eave is proposed to extend 2’-07/8” into the view corridor. This 803 sq.ft. proposed addition to Units 208, 308, and 309 of the Lionshead Centre Building increases the total gross residential floor area (GRFA) of the building from 28,781 sq.ft. to 29,584 sq.ft.. This proposed GRFA is under the maximum GRFA of 100,515 sq.ft. allowed by Article12-7H, Lionshead Mixed Use 1, Vail Town Code. The proposed addition causes no change to the existing setbacks, height, site coverage, landscaping area, or parking of the Lionshead Centre Building. Through its December 5, 2012, approval of the associated design review application (DRB120433), the Design Review Board determined that the proposed addition to the Lionshead Centre Building is in keeping with the character of the area and the scale and bulk of the surrounding uses. 2/19/2013 Town of Vail Page 11 Staff believes the proposed encroachment is minor in scope and does not block the originally intended views of the gondola lift line and adjacent ski runs; and that the literal enforcement of the view corridor restriction would preclude the applicants from constructing reasonable additions to their existing residential units. Therefore, Staff finds the proposed encroachment into an existing view corridor meets this review criterion. 2. That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter. The proposed encroachment into View Point #8 includes an exterior wall encroachment of 1’-3” and the associated roof eave encroachment of 2’-07/8” to facilitate the construction of an addition to the rear of the subject building. Staff believes the proposed encroachment is minor in scope and does not block the originally intended views of the gondola lift line and adjacent ski runs. Based upon a review of Section 12-22-1, Purpose, Vail Town Code: Staff finds that the proposed encroachment into existing View Point #8 will not diminish the civic pride or the public interest of the town. Staff finds that the proposed encroachment will not detract from the enjoyment or environmental enrichment of the existing view corridor for Vail’s residents or guests. Staff finds that the proposed encroachment will not weaken or eliminate the town’s unique environmental heritage or attributes. Staff finds that the proposed view corridor encroachment will not diminish the aesthetics or economic vitality and values of the town. Staff finds that the proposed encroachment maintains the existing character and design of the Lionshead Centre Building which is compatible with the surrounding natural and built environment and provides adequate natural light to buildings and public spaces in the vicinity. Staff finds that the proposed encroachment continues to preserve views of the landmark gondola ski line and adjacent ski runs that contribute to the community’s sense of place. Therefore, Staff finds the proposed encroachment into the existing view corridor does not defeat the purposes of Section 12-22-1, Purpose, Vail Town Code, as outlined in Section V of this memorandum, and the proposed encroachment is consistent with this review criterion. 2/19/2013 Town of Vail Page 12 3. That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. As identified above, the proposed encroachment into View Point #8 includes an exterior wall encroachment of 1’-3” and the associated roof eave encroachment of 2’-07/8” to facilitate the construction of an addition to the rear of the subject building. Staff believes the proposed encroachment is minor in scope. Due to the depth of the addition and alignment of the existing building, the proposed addition does not block the originally intended views of the gondola lift line and adjacent ski runs. Therefore, Staff finds the proposed view corridor encroachment will not be detrimental to the enjoyment of the public pedestrian areas, public ways, public spaces, or public view consistent with this review criterion. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The proposed encroachment into View Point #8 includes an exterior wall encroachment of 1’-3” and the associated roof eave encroachment of 2’-07/8” to facilitate the construction of an addition to the rear of the subject building. Staff believes the proposed encroachment is minor in scope and does not block the originally intended views of the gondola lift line and adjacent ski runs. The 803 sq.ft. proposed addition to Units 208, 308, and 309 of the Lionshead Centre Building increases the total gross residential floor area (GRFA) of the building from 28,781 sq.ft. to 29,584 sq.ft.. This proposed GRFA is under the maximum GRFA of 100,515 sq.ft. allowed by Article12-7H, Lionshead Mixed Use 1, Vail Town Code. The proposed addition causes no change to the existing setbacks, height, site coverage, landscaping area, or parking of the Lionshead Centre Building. Through its December 5, 2012, approval of the associated design review application (DRB120433), the Design Review Board determined that the proposed addition to the Lionshead Centre Building is in keeping with the character of the area and the scale and bulk of the surrounding uses. Therefore, Staff finds the proposed encroachment into View Point #8 is consistent with this criterion. 5. That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view. As identified above, the proposed encroachment into View Point #8 includes an exterior wall encroachment of 1’-3” and the associated roof eave encroachment of 2’-07/8” to facilitate the construction of an addition to the rear of the subject building. Staff believes the proposed encroachment is minor in scope and does not block the originally intended views of the gondola lift line and adjacent ski runs. Therefore, Staff finds the proposed 2/19/2013 Town of Vail Page 13 encroachment will not diminish the integrity or quality of the subject view corridor, nor will the proposed encroachment compromise the original purspose of the preserved view. Therefore, Staff finds the proposed encroachment to be consistent with this review criterion. VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning an Environmental Commission forwards a recommendation of approval on an application for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of an addition to the Lionshead Centre Building into View Point #8, located at 520 East Lionshead Circle/Lot 5, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for this encroachment into an existing view corridor, the Community Development Department recommends the Commission passes the following motion: “The Planning and Environmental forwards the Vail Town Council a recommendation of approval for an application for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of an addition to the Lionshead Centre Building into View Point #8, located at 520 East Lionshead Circle/Lot 5, Block 1, Vail Lionshead Filing 1, 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 this encroachment into an existing view corridor, the Community Development Department recommends the Commission recommends the following conditions: “1. Approval of this encroachment into an existing view corridor is specific to the associated design review application for an addition to Units 208, 308, and 309 Lionshead Centre, as approved by the Design Review Board on December 5, 2012 (DRB120433). 2. Approval of this encroachment into an existing view corridor shall become null and void upon the demo/rebuild (as defined by Chapter 12-2, Definitions, Vail Town Code) of the Lionshead Centre Building.” Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for this encroachment into an 2/19/2013 Town of Vail Page 14 existing view corridor, the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outlined in Sections VII of the Staff memorandum to the Planning and Environmental Commission dated January 14, 2013, and the evidence and testimony presented, the Planning and Environmental Commission finds: The applicant has demonstrated by clear and convincing evidence that the encroachment into an existing view corridor meets all of the following criteria: 1. That the literal enforcement of Section 12-22-3, Limitations on Construction, Vail Town Code, would preclude a reasonable development of a proposed structure on the applicant's land. 2. That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter. 3. That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. 4. That the development proposed by the applicant complies with applicable elements of the Vail land use plan, town policies, urban design guide plans, and other adapted master plans. 5. That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view.” IX. ATTACHMENTS A. Vicinity Map B. Proposed View Corridor Encroachment C. Applicant’s Request D. Design Review Approved Architectural Plans DRB120433 2/19/2013 I !!!! !!!!! Subject Property k 0 100 200Feet L i o n s h e a d C e n t r eLionshead C e n t r e- V a i l L i o n s h e a d F i l i n g 1 , B l o c k 1 , L o t 5 -- V a i l L i o n s h e a d F i l i n g 1 , B l o c k 1 , L o t 5 - (5 2 0 E a s t L i o n s h e a d C i r c l e )(5 2 0 E a s t L i o n s h e a d C i r c l e ) This map was crea ted b y th e Town of Vail GIS Tea m. Use of this map sh ould be for ge neral p urp ose s only. The Town o f Vail do es not warran t the accuracy of the information contained herein.(whe re sh own, parcel line wo rk is app ro ximate ) Last Modified: December 12, 2012 2/19/2013 P1!!!!!!!!!~ - i ~ . T ~ F',X r f ~~ . p t~ .::- .' 6F' s' 3¢ i' e ~, ~Fx ~' ° ~ P, i ~ ~ ZjU11' E •;u ,it r ~~~ p~ rT~ r NI 3 r ~ r~,~ t ~~ iii. ' ~, .'~~~,,.'', :. S ~ ~~ I ~ ~ FI 1. ~ ~ ~_ , III' Y l i ~ it 1 1~,_ I, ~ ~. m ~~ i i :, i . ri yy ~. Amended View Point # 8 8 2/19/2013 2/19/2013 2/19/2013 2/19/2013 LIONSHEAD  CENTRE    VIEW  CORRIDOR  ENCROACHMENT Submitted  to  the  Town  of  Vail: December  6,  2012 2/19/2013 Table  of  Contents A.    Introduction  3 B.    Details  on  Proposed  Addition  4 C.    Background  on  View  Corridors  4 D.    Criteria  for  Review  6 E.    Adjacent  Property  Owners  10 F.    DRB  Action  Form  13 2 2/19/2013 A.    Introduction Lionshead  Centre  is  located  at  520  E.  Lionshead  Circle.    The  owners  of  3  residential  units  within   Lionshead  Centre  -­‐  Jorge  Esteve  (Unit  308),  Javier  Barrios  (Unit  208),  and  Lucila  DeLaLama  (Unit   309)  -­‐  are  proposing  additions  to  their  dwellings.    It  is  a  total  of  859  sq.  ft.  of  GRFA  located  over  the   existing  footprint  of  Lionshead  Centre.    Following  a  conceptual  review  on  November  7,  the  DRB   application  for  the  proposal  was  approved  on  December  5  with  a  condition  that,  “This  design  review   approval  is  contingent  upon  the  applicant  obtaining  Town  of  Vail  approval  of  the  associated  view   corridor  encroachment/amendment  application.”     A  survey  of  the  view  corridor  was  conducted  and  indicates  that  the  addition  will  encroach  into  View   Corridor  #8  approximately  2  ft.  for  the  roof  and  1.16  ft.  for  the  wall  of  the  building.    The  survey  of   this  encroachment  is  provided  below,  along  with  a  photo  rendering  of  the  view  corridor  impact.    In   these  images,  the  red  indicates  the  existing  view  corridor,  while  the  yellow  indicates  the  area  of   encroachment. As  indicated  in  the  survey  above,  the  view  corridor  does  not  run  parallel  with  the  existing  building   and  as  a  result,  there  is  a  slight  encroachment  into  the  corridor  where  the  proposed  addition  is  an   extension  of  the  plane  of  the  existing  wall.    However,  as  it  is  the  intent  of  this  view  corridor  to   3 2/19/2013 preserve  the  view  of  the  gondola  lift  line,  the  proposed  encroachment  maintains  the  integrity  of   the  view  corridor. B.    Details  on  Proposed  Addition Units  208,  308,  and  309  are  proposed  to  be  expanded  by  a  total  of  859  sq.  ft.      The  following  table   provides  a  square  footage  analysis  of  the  increase  in  sq.  ft.  to  each  unit: Unit Additional  GRFA Description Unit  208 344  sq.  ft.Bedroom  and  bathroom  addition Unit  308 344  sq.  ft.Bedroom  and  bathroom  addition Unit  309 115  sq.  ft.Addition  to  existing  bedroom As  indicated,  the  additional  GRFA  to  each  unit  is  minimal  and  was  designed  to  match  similar   additions  that  have  occurred  over  the  years.    A  proposed  model  of  the  addition  is  provided  below,   indicating  the  existing  conditions  and  the  proposed  addition: Existing  Conditions Proposed  Addition C.    Background  on  View  Corridors On    May  20,  1997,  recognizing  the  importance  of  visual  connections,  the  Town  Council  approved  the   use  of  the  existing  Town  of  Vail  view  corridor  ordinance  to  designate  the  first  protected  public  view   corridors  in  Lionshead.    In  order  to  qualify  for  protection  under  the  Town’s  ordinance,  a  view   corridor  was  required  to  meet  the  following  criteria: 1.Is  the  view  corridor  critical  to  the  identity,  civic  pride,  and  sense  of  place  in  Lionshead?     2.Is  the  view  seen  from  a  widely  used,  publicly  accessible  viewpoint.     3.Is  the  view  threatened?    Is  there  a  possibility  that  development  on  nearby  property   would  block  the  view? The  Lionshead  Redevelopment  Master  Plan  identifies  this  view  corridor  as  View  Corridor  Two,  and   states  the  following: 4 2/19/2013 4.4.1.2  View  Corridor  Two This  view  corridor  (see  figure  4-­‐2)  is  seen  from  the  pedestrian  plaza  at  the  east  end  of  the  Lifthouse   Lodge,  looking  south  directly  up  the  gondola  lift  line.  This  view  fulfills  the  following  criteria: a.It  fosters  civic  pride  and  is  central  to  the  identity  of  Lionshead.   b.It  is  taken  from  a  commonly  used,  publicly  accessible  viewpoint. The  mountain  view  from  this  point  is  currently  very  broad,  crossing  much  of  the  Vail  Associates   core  site.  As  part  of  the  redevelopment  of  the  Vail  Associates  core  site  this  view  corridor  should   become  narrower  and  more  focused  on  the  new  gondola  terminal.  Given  the  current  lack  of  a   defining  architectural  edge,  the  dimensions  of  this  corridor  should  roughly  correspond  to  the   suggested  view  boundaries  outlined  in  figure  4-­‐2. Prior  to  the  redevelopment  of  the  Core  Site  into  Arrabelle  at  Vail  Square,  this  view  corridor  was   surveyed  and  adopted  in  2002.    Following  the  construction  of  the  Arrabelle,  the  view  corridor  was   amended  to  reflect  the  new  building,  and  was  surveyed  and  adopted  in  2008  as  View  Point  #8.    The   photo  of  View  Point  #8  is  provided  below: 5 2/19/2013 D.    Criteria  for  Review Section  12-­‐22-­‐6:  Encroachments  into  Existing  View  Corridors,  provides  the  review  criteria  for  an   encroachment.    It  states  the  following: Criteria  For  Encroachment:  No  encroachment  into  an  existing  view  corridor  shall  be  permitted   unless  the  applicant  demonstrates  by  clear  and  convincing  evidence  that  the  encroachment  meets   all  of  the  following  criteria: 1.That  the  literal  enforcement  of  section  12-­‐22-­‐3  of  this  chapter  would  preclude  a  reasonable   development  of  a  proposed  structure  on  the  applicant's  land. Applicant  Response:    The  view  corridor  disproportionately  affects  the  owners  of  208,  308,   and  309.    These  units  are  located  on  the  far  west  of  Lionshead  Centre  and  are  the  only  units   which  are  affected  by  the  view  corridor.    While  other  units  have  had  opportunity  for   expansion,  these  are  limited  by  the  view  corridor  to  do  similar  enclosures.      Due  to  the   configuration  of  Lionshead  Centre,  the  proposed  additions  are  in  the  only  location  available   to  the  owners  of  these  units.    By  not  allowing  this  encroachment,  the  owners  are  precluded   from  reasonable  development  of  their  units. 6 2/19/2013 2.That  the  development  of  the  structure  proposed  by  the  applicant  would  not  be  such  as  to   defeat  the  purposes  of  this  chapter. Applicant  Response:    Section  12-­‐22-­‐1  of  the  Vail  Town  Code  provides  the  purposes  of  the  View   Corridor  chapter.    These  purposes  are  as  follows: 12-­‐22-­‐1:  PURPOSE: The  town  believes  that  preserving  certain  vistas  is  in  the  interest  of  the  town's  residents   and  guests.  Specifically,  the  town  believes  that: C.The  protection  and  perpetuation  of  certain  mountain  views  and  other  significant   views  from  various  pedestrian  public  ways  within  the  town  will  foster  civic  pride  and   is  in  the  public  interest  of  the  town. D.It  is  desirable  to  designate,  preserve  and  perpetuate  certain  views  for  the  enjoyment   and  environmental  enrichment  for  the  residents  and  guests  of  the  town. E.The  preservation  of  such  views  will  strengthen  and  preserve  the  town's  unique   environmental  heritage  and  attributes. F.The  preservation  of  such  views  will  enhance  the  aesthetic  and  economic  vitality  and   values  of  the  town. G.The  preservation  of  such  views  is  intended  to  promote  design  which  is  compatible   with  the  surrounding  natural  and  built  environment,  and  is  intended  to  provide  for   natural  light  to  buildings  and  in  public  spaces  in  the  vicinity  of  the  view  corridors. H.The  preservation  of  such  views  will  include  certain  focal  points  such  as  the  Clock   Tower  and  Rucksack  Tower,  which  serve  as  prominent  landmarks  within  Vail  village   and  contribute  to  the  community's  unique  sense  of  place.   Because  the  encroachment  is  minimal  (at  only  2  ft.  for  the  roof  and  1.16  ft.  for  the  building)   the  integrity  of  the  view  corridor  is  maintained.    The  view  corridor  is  intended  to  protect  the   view  of  the  gondola  lift  line  as  it  runs  up  Vail  Mountain  and  there  is  no  effect  to  this  view,   which  is  an  important  focal  point  in  Lionshead.    Because  the  request  is  for  an  encroachment   only,  as  opposed  to  an  amendment,  to  the  view  corridor,  if  Lionshead  Centre  were  ever   demolished,  the  existing  view  corridor  boundaries  would  need  to  be  maintained  with  any   new  construction.    As  a  result,  the  proposal  does  not  defeat  the  purposes  of  Chapter  22:   View  Corridors. 3.That  the  development  proposed  by  the  applicant  would  not  be  detrimental  to  the  enjoyment   of  public  pedestrian  areas,  public  ways,  public  spaces,  or  public  views. Applicant  Response:    The  proposed  encroachment  would  be  imperceptible  to  the  public   from  any  public  pedestrian  areas,  public  ways,  public  spaces  or  public  views.    The  proposed   addition  matches  the  existing  wall  of  Lionshead  Centre  and  any  attempt  to  jog  the  building   would  create  an  architectural  error  which  would  be  more  noticeable  to  the  public.     4.That  the  development  proposed  by  the  applicant  complies  with  applicable  elements  of  the   Vail  land  use  plan,  town  policies,  urban  design  guide  plans,  and  other  adapted  master  plans. 7 2/19/2013 Applicant  Response:    The  Lionshead  Redevelopment  Master  Plan  provides  the  guidance  for   the  adoption  of  view  corridors  in  Lionshead.    The  Master  Plan  provides  the  following: 4.4  Public  View  Corridors On  May  20,  1997,  recognizing  the  importance  of  visual  connections,  the  Vail  Town  Council   approved  the  use  of  the  existing  Town  of  Vail  view  corridor  ordinance  to  designate  the  first   protected  public  view  corridors  in  Lionshead.  In  order  to  qualify  for  protection  under  the   Town’s  ordinance,  a  view  corridor  must  meet  the  following  criteria: a.Is  the  view  critical  to  the  identity,  civic  pride,  and  sense  of  place  of  Lionshead?  A  nice   view  is  not  sufficient. b.Is  the  view  seen  from  a  widely  used,  publicly  accessible  viewpoint?  Views  from   private  property  cannot  be  recognized  or  protected  by  this  ordinance. c.Is  the  view  threatened?  Is  there  a  possibility  that  development  on  nearby  property   would  block  the  view? It  is  critical  to  note  that  the  following  recommended  public  view  corridors  will  create  a   development  constraint  that  will  work  with  all  other  applicable  development  and   regulatory  guidelines  and  standards.  The  suggested  location  and  outline  of  any  view   corridor  is  not  intended  to  create  a  “build-­‐to”  line  for  a  vertical  architectural  edge  that   would  not  be  allowed  under  other  applicable  guidelines  and  standards.  According  to  these   criteria  and  following  an  intensive  public  input  process,  protection  of  the  following  public   view  corridors  is  recommended  (see  Map  O): The  Lionshead  Redevelopment  Master  Plan  then  provides  recommendation  for  the  adoption   of  two  view  corridors  which  were  to  be  adopted  immediately,  while  the  remaining  three   view  corridors  (plus  an  additional  three  in  Ever  Vail)  were  to  be  adopted  after  development   occurred  on  key  sites.    Lionshead  View  Corridor  #2,  the  view  corridor  in  question  with  this   application,  was  one  recommended  for  immediate  adoption.    The  Lionshead   Redevelopment  Master  Plan  states: 4.4.1.2  View  Corridor  Two This  view  corridor  (see  figure  4-­‐2)  is  seen  from  the  pedestrian  plaza  at  the  east  end  of  the   Lifthouse  Lodge,  looking  south  directly  up  the  gondola  lift  line.  This  view  fulfills  the   following  criteria: a.It  fosters  civic  pride  and  is   central  to  the  identity  of   Lionshead.   b.It  is  taken  from  a  commonly   used,  publicly  accessible   viewpoint. The  mountain  view  from  this  point  is   currently  very  broad,  crossing  much  of   the  Vail  Associates  core  site.  As  part  of   the  redevelopment  of  the  Vail   Associates  core  site  this  view  corridor   should  become  narrower  and  more   focused  on  the  new  gondola  terminal.   8 2/19/2013 Given  the  current  lack  of  a  defining  architectural  edge,  the  dimensions  of  this  corridor   should  roughly  correspond  to  the  suggested  view  boundaries  outlined  in  figure  4-­‐2. As  indicated  in  the  general  photo  for  View  Corridor  2,  the  existing  Lionshead  Centre  building   was  established  as  the  general  eastern  boundary  of  the  view  corridor.    However,  as  clearly   stated  in  the  section  above:  “The  suggested  location  and  outline  of  any  view  corridor  is  not   intended  to  create  a  “build-­‐to”  line  for  a  vertical  architectural  edge  that  would  not  be  allowed   under  other  applicable  guidelines  and  standards.”    It  was  not  the  intention  that  that  the  view   corridors  limit  the  ability  of  individual  property  owners  to  improve  their  properties.    Instead,   it  is  clearly  the  intention  that  the  architecture  is  meant  to  frame  the  view  to  be  protected.    In   this  case,  the  view  is  of  the  gondola  lift  line.    Furthermore,  the  Master  Plan  also  recommends   that  this  view  be  much  narrower  than  the  adopted  view  corridor.    As  indicated  in  the  photos   below,  the  original  recommendation  for  this  view  corridor  actually  bisected  the  ski  run,   where  as  the  adopted  view  corridor  is  much  further  west,  into  the  tree  line.     View  Point  #8,  adopted  2008 LHMP  Recommended  View  Corridor  #2 The  proposed  encroachment  complies  with  the  recommendations  as  provided  in  the   Lionshead  Redevelopment  Master  Plan. 5.That  the  proposed  structure  will  not  diminish  the  integrity  or  quality  nor  compromise  the   original  purpose  of  the  preserved  view. Applicant  Response:    The  original  purpose  of  this  view  corridor  was  stated  in  the  Lionshead   Redevelopment  Master  Plan  when  adopted  in  1998  and  further  refined  with  the  adoption  of   it  as  View  Point  #8.    The  purpose,  as  stated  in  Chapter  22:  View  Corridors  of  this  view  is:     To  protect  the  views  of  Vail  Mountain  from  the  core  of  Lionshead.     As  indicated  in  the  analysis  provided  in  this  submittal,  this  view  is  not  affected  by  the   proposed  encroachment  and  the  integrity  of  this  view  is  maintained.     9 2/19/2013 E.    Adjacent  Property  Owners   TOWN  OF  VAIL FINANCE  DEPT 75  S  FRONTAGE  RD  W   VAIL,  CO  81657-­‐5043 VANTAGE  POINT-­‐VAIL  INTERVAL  OWNERS  ASSOC ALPENGLOW  PROPERTY  MGMT PO  BOX  178   AVON,  CO  81620 VANTAGE  POINT-­‐VAIL  INTERVAL  OWNERS  ASSOCIATION,  INC. Gary  A.  Lebo PO  BOX  178 AVON,  CO  81620 VANTAGE  POINT-­‐VAIL  CONDOMINIUM  ASSOCIATION,  INC. MICHAEL  D'ANCI,  SR 508  E  LIONSHEAD  CIR,   VAIL,  CO  81657 FIRST  WESTWIND  AT  VAIL  CONDOMINIUMS  ASSOCIATION,  INC. Steve  MacDonald C/O  Vail  Management  Company,   PO  Box  6130,   Avon,  CO  81620 VAIL  CORP THE  FIXED  ASSETS  DEPARTMENT 390  INTERLOCKEN  CRESCENT  STE  1000   BROOMFIELD,  CO  80021 LANDMARK-­‐VAIL  CONDOMINIUM  ASSOCIATION,  INC. GEOFFREY  WRIGHT 610  W  LIONSHEAD  CR,   VAIL,  CO  81657 HUGHES  LAND  HOLDING  TRUST 28  ANACAPA  ST  STE  D   SANTA  BARBARA,  CA  93101 MONTANEROS  CONDOMINIUM  ASSOCIATION,  INC. Laurie  Jeanes 641  W  LIONSHEAD  CIR,   VAIL,  CO  81657 LION  SQUARE  NORTH  CONDOMINIUM  ASSOCIATION,  INC. Bill  Anderson 660  WEST  LIONSHEAD  PLACE 10 2/19/2013 VAIL,  CO  81657 LION  SQUARE  PHASE  II  &  III  CONDO  ASSOC  INC  -­‐  ETAL 660  W  LIONSHEAD  PL   VAIL,  CO  81657-­‐5212 VAIL  CORP THE  FIXED  ASSETS  DEPARTMENT 390  INTERLOCKEN  CRESCENT  STE  1000   BROOMFIELD,  CO  80021 VAIL  CORP SAMANTHA  JONES 390  INTERLOCKEN  CRESCENT  STE  1000   BROOMFIELD,  CO  80021 VAIL  21  PARKING  GARAGE  NO.  1  LLC  -­‐  VAIL  21  PARKING  GARAGE  NO.  2  LLC 610  W  LIONSHEAD  CIR  STE  100   VAIL,  CO  81657 LAZIER  LIONSHEAD  LLC 386  HANSON  RANCH  RD   VAIL,  CO  81657 THE  LIFT  HOUSE  CONDOMINIUM  ASSOCIATION,  INC. DOUGLAS  WALKER 555  E  LIONSHEAD  CIR,   VAIL,  CO  81657 LIONSHEAD  ARCADE  BUILDING  CONDOMINIUM  ASSOCIATION,  INC. KIT  C.  WILLIAMS P  O  BOX  3622,   VAIL  ,  CO  81658 Arrabelle  at  Vail  Square  Residential  Condominium  Association,  Inc. Mark  Payne 675  Lionshead  Place,   Denver,  CO  81657 ARRABELLE  AT  VAIL  SQUARE  LLC VAIL  RESORTS  MANAGEMENT  CO 390  INTERLOCKEN  CRESCENT  STE  1000   BROOMFIELD  ,  CO  80021 VAIL  LIONSHEAD  CENTRE  CONDOMINIUM  ASSOCIATION David  A  Zippie,  CPA P.O.  BOX  4627,   AVON,  CO  81620 VAIL  21  CONDOMINIUM  ASSOCIATION,  INC. Destination  Resort  Mgt,  Inc, 610  W  LIONSHEAD  CIR 11 2/19/2013 VAIL,  CO  81657 TREETOPS  CONDOMINIUM  ASSOCIATION Vicki  L.  Brown 450  E.  Lionshead  Circle,   Vail,  CO  81657 VAIL  LIONSHEAD  CONDOMINIUM  ASSOCIATION JEFF  BAILEY 380  E.  LIONSHEAD  CIR,   VAIL,  CO  81657 LODGE  AT  LIONSHEAD  III  CONDOMINIUM  ASSOCIATION JEFF  BAILEY 380  E  LIONSHEAD  CR,   VAIL,  CO  81657 LION  SQUARE  CONDOMINIUM  ASSOCIATION,  INC. WILLIAM  ANDERSON 660  W.  LIONSHEAD  PLACE VAIL,  CO  81657 LION  SQUARE  PHASE  II  AND  III  CONDOMINIUM  ASSOCIATION,  INC. WILLIAM  ANDERSON 660  W  LIONSHEAD  PL VAIL,  CO  81657 12 2/19/2013 F.    DRB  Action  Form 13 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 19, 2013 ITEM/TOPIC: Resolution No. 4, Series of 2013, a resolution amending the 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 the central pedestrian plaza (Sundial Plaza) in Section 5.8.6, Plazas and Nodes, Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. PRESENTER(S): Warren Campbell, Gregg Barrie ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Resolution No. 4, Series of 2013. BACKGROUND: The subject property was a part of the original Town of Vail which became effective by the election of August 23, 1966, and the court order of August 26, 1966. In 2008, the Vail Town Council instructed Staff to locate and build a park in Lionshead per the LRMP. After examining all town-owned locations, Sundial Plaza was selected as the only adequate location for a public park. The Vail Town Council has approved funding for a park in Sundial Plaza as part of the 2013 Municipal Budget. On January 28, 2013, the Planning and Environmental Commission (PEC) held a hearing to review the proposed amendments to the Lionshead Redevelopment Master Plan and an accompanying conditional use permit application. The PEC recommended approval for the proposed LRMP amendments to the Vail Town Council with a vote of 7-0-0. STAFF RECOMMENDATION: Based on the criteria and findings outlined in Section VI of the Planning and Environmental Commission memorandum, dated January 28, 2013 and the evidence and testimony presented, the Planning and Environmental Commission recommends the Vail Town Council approves Resolution No. 4, Series of 2013. ATTACHMENTS: Res 4 Series 2013 Town Council Memo Res 4 Series 2013 PEC memo dated 012813 part 1 PEC memo dated 012813 part 2 2/19/2013 TO: Vail Town Council FROM: Community Development Department DATE: February 19, 2013 SUBJECT: Resolution No. 4, Series of 2013, a resolution amending the 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 the central pedestrian plaza (Sundial Plaza) in Section 5.8.6, Plazas and Nodes, Lionshead Redevelopment Master Plan and setting forth details in regard thereto. Applicant: Town of Vail Planner: Warren Campbell I. SUMMARY The applicant, the Town of Vail, is requesting approval of Resolution No. 4, Series of 2013. The purpose of this resolution is to amend the Lionshead Redevelopment Master Plan’s recommendations for Sundial Plaza to allow a public park. The Vail Town Council shall approve, approve with modifications, or deny Resolution No. 4, Series of 2013. The proposed Resolution No. 4, Series of 2013, (Attachment A) and the Planning and Environmental Commission memorandum dated January 28, 2013 (Attachment B) have been attached for review. II. DESCRIPTION OF THE REQUEST The requested amendments to the Lionshead Redevelopment Master Plan (LRMP) can be found in Resolution No. 4, Series of 2013 (see Attachment A). The existing recommendations for the Central Pedestrian Plaza (Sundial Plaza) are for a commercial infill building in the hillside and an ice rink in the plaza. The proposed recommendations include a public park for this area, and shift the ice rink to the existing Arrabelle at Vail Square. III. BACKGROUND The subject property was a part of the original Town of Vail which became effective by the election of August 23, 1966, and the court order of August 26, 1966. In 2008, the Vail Town Council instructed Staff to locate and build a park in Lionshead per the LRMP. After examining all town-owned locations, Sundial Plaza was selected as the only adequate location for a public park. The Vail Town Council has approved funding for a park in Sundial Plaza as part of the 2013 Municipal Budget. 2/19/2013 Town of Vail Page 2 On January 28, 2013, the Planning and Environmental Commission (PEC) held a hearing to review the proposed amendments to the Lionshead Redevelopment Master Plan and an accompanying conditional use permit application. The PEC recommended approval to the Vail Town Council for the proposed LRMP amendments with a vote of 7-0-0. The conditional use permit application was tabled to the February 11, 2013 hearing. On February 11, 2013, the approved the conditional use permit for a “public park and recreational facility” by a vote of 6-1-0 (Kurz opposed). IV. ACTION REQUESTED OF THE COUNCIL Based on the criteria and findings outlined in Section VI of the Planning and Environmental Commission memorandum dated January 28, 2013 and the evidence and testimony presented, the Planning and Environmental Commission recommends the Vail Town Council approves Resolution No. 4, Series of 2013. Should the Vail Town Council choose to approve this resolution, the Planning and Environmental Commission recommends the Council pass the following motion: “The Vail Town Council approves Resolution No. 4, Series of 2013, a resolution amending the 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 the central pedestrian plaza (Sundial Plaza) in Section 5.8.6, Plazas and Nodes, Lionshead Redevelopment Master Plan and setting forth details in regard thereto.” Should the Vail Town Council choose to approve this resolution, the Planning and Environmental Commission recommends the Council makes the following findings: “Based upon the review of the criteria outlined in Section VI of Staff’s January 28, 2013 memorandum and the evidence and testimony presented, the Vail Town Council finds: “The Commission finds that the proposed amendments to the Lionshead Redevelopment Master Plan comply with the review criteria outlined in Section VI of the memorandum to the Planning and Environmental Commission, dated January 28, 2013, and that the amendments, as proposed, further the goals, objectives and policies, as stated in Chapter 2 of the Lionshead Redevelopment Master Plan.” V. ATTACHMENTS A. Resolution No. 4, Series of 2013 B. Planning and Environmental Commission Memorandum, dated January 28, 2013 2/19/2013 1 RESOLUTION NO. 4 Series of 2013 A RESOLUTION AMENDING THE 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 THE CENTRAL PEDESTRIAN PLAZA (SUNDIAL PLAZA) IN SECTION 5.8.6, PLAZAS AND NODES, LIONSHEAD REDEVELOPMENT MASTER PLAN AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan; WHEREAS, Section 2.8 of the Lionshead Redevelopment Master Plan outlines a procedure for amending the Master Plan; WHEREAS, the Town of Vail Planning and Environmental Commission held a public hearing on the proposed Lionshead Redevelopment Master Plan amendment on January 28, 2013, and has forwarded a recommendation of approval of the amendment to the Vail Town Council by a vote of 7-0-0; WHEREAS, the Vail Town Council finds conditions have changed since the Lionshead Redevelopment Master Plan was adopted which warrant changes to recommendations for the Central Pedestrian Plaza; WHEREAS, the Vail Town Council finds the incorporation of the proposed amendments into the Lionshead Redevelopment Master Plan are in concert with the Lionshead Redevelopment Master Plan; WHEREAS, the purpose of this amendment is to change the recommendations for the Central Pedestrian Plaza to allow a public park; WHEREAS, the Vail Town Council finds that the proposed amendments improve and enhance 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 strikethrough italics(deletions). 5.8.6 Plazas and Nodes Dynamic pedestrian plazas and nodes are encouraged at each significant intersection in the retail core. Successful plazas are those that have good sun exposure, that are located on primary pedestrian corridors, and that are properly proportioned to encourage seating, eating, gathering and events. Successful nodes are concentrations of activities, landmarks and spaces where people want to congregate. Focal elements such as fountains, landscaping, and public art help to give each node a unique identify and serve as visual reference points. A fundamental objective of the master plan is to introduce these qualities in the Lionshead core. 2/19/2013 2 The central Lionshead public plaza, for example (shown in figure 5-10), presents an opportunity to create a vibrant center of activity surrounded by active retail and restaurant spaces and animated with an ice rink. The development of a small infill building at the north edge of the plaza is recommended to define the space and introduce additional retail opportunities. The building could incorporate an underground service and delivery corridor to the North Day Lot transportation center. A food and beverage operation on a rooftop deck over this structure could provide a unique vantage point marking the new north Lionshead pedestrian portal and opening views into the central Lionshead plaza and up to the mountain. The central Lionshead public plaza (shown in Figure 5-10) was previously considered to be at Sundial Plaza. However, the design of the Arrabelle incorporated an ice rink with surrounding retail and restaurant shifted the central Lionshead public plaza to the south. This allows for Sundial Plaza to be repurposed from a previously recommended infill building with an ice rink to a public park. Sundial Plaza serves as the only green space in the center of Lionshead. The pedestrian connection between the First Chair Employee Housing at the North Day Lot and the pedestrian mall through Sundial Plaza should be snowmelted and rerouted for optimal views (see view corridor #4) and access. Sundial Plaza presents an opportunity for a public park in the Lionshead Retail Core and will provide a public recreational amenity to serve as a stand alone attraction and as an activity to compliment the retail and restaurant experience within Lionshead. 2/19/2013 3 2/19/2013 4 INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 19th day of February, 2013. _________________________ Andrew P. Daly Mayor of the Town of Vail, Colorado ATTEST: _____________________________ Lorelei Donaldson, Town Clerk 2/19/2013 TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 28, 2013 SUBJECT: A request for a recommendation to the Vail Town Council for an amendment to the 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 the central pedestrian plaza (Sundial Plaza) in Section 5.8.6, Plazas and Nodes, Lionshead Redevelopment Master Plan and setting forth details in regard thereto. (PEC130001) A request for the review of a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally (On All Levels of a Building), Vail Town Code, to allow for the construction of a public park and recreation facilities (playground) at Sundial Plaza, located within the Lionshead pedestrian mall/Tract C, Lionshead 6th Filing, and setting forth details in regard thereto. (PEC120050) Applicant: Town of Vail, represented by Gregg Barrie Planner: Rachel Dimond I. SUMMARY The applicant, the Town of Vail, represented by Gregg Barrie, is requesting the following: • Amendments to the Lionshead Redevelopment Master Plan to amend the recommendation for the central pedestrian plaza in Section 5.8.6, Plazas and Nodes to allow for a public park at Sundial Plaza. • Conditional use permit for “public park and recreation facilities” at Sundial Plaza, including playground features, a climbing wall and a water/fire feature with seating. Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, and subject to the findings noted in Section VIII of this memorandum, the Community Development Department recommends the Planning and Environmental Commission: • Forwards a recommendation of approval to the Vail Town Council for the proposed amendments to the Lionshead Redevelopment Master Plan. • Approves, with conditions, a conditional use permit for public park and recreation facilities at Sundial Plaza. 2/19/2013 Town of Vail Page 2 II. DESCRIPTION OF REQUEST LRMP AMENDMENT: The applicant is requesting amendments to the Lionshead Redevelopment Master Plan as follows: Additions are in bold; deletions are in strikethrough. 5.8.6 Plazas and Nodes Dynamic pedestrian plazas and nodes are encouraged at each significant intersection in the retail core. Successful plazas are those that have good sun exposure, that are located on primary pedestrian corridors, and that are properly proportioned to encourage seating, eating, gathering and events. Successful nodes are concentrations of activities, landmarks and spaces where people want to congregate. Focal elements such as fountains, landscaping, and public art help to give each node a unique identify and serve as visual reference points. A fundamental objective of the master plan is to introduce these qualities in the Lionshead core. The central Lionshead public plaza, for example (shown in figure 5-10), presents an opportunity to create a vibrant center of activity surrounded by active retail and restaurant spaces and animated with an ice rink. The development of a small infill building at the north edge of the plaza is recommended to define the space and introduce additional retail opportunities. The building could incorporate an underground service and delivery corridor to the North Day Lot transportation center. A food and beverage operation on a rooftop deck over this structure could provide a unique vantage point marking the new north Lionshead pedestrian portal and opening views into the central Lionshead plaza and up to the mountain. The central Lionshead public plaza (shown in Figure 5-10) was previously considered to be at Sundial Plaza. However, the design of the Arrabelle incorporated an ice rink with surrounding retail and restaurant shifted the central Lionshead public plaza to the south. This allows for Sundial Plaza to be repurposed from a previously recommended infill building with an ice rink to a public park. Sundial Plaza serves as the only green space in the center of Lionshead. The pedestrian connection between the First Chair Employee Housing at the North Day Lot and the pedestrian mall through Sundial Plaza should be snowmelted and rerouted for optimal views (see view corridor #4) and access. Sundial Plaza presents an opportunity for a public park in the Lionshead Retail Core and will provide a public recreational amenity to serve as a stand alone attraction and as an activity to compliment the retail and restaurant experience within Lionshead. 2/19/2013 Town of Vail Page 3 2/19/2013 Town of Vail Page 4 2/19/2013 Town of Vail Page 5 CONDITIONAL USE PERMIT: The applicant is requesting a conditional use permit for public park and recreation facilities for a new park at Sundial Plaza with the following amenities: • Climbing wall • Three playground features • W ater /fire feature with seating • Soft rubber playground surface • New vegetation to screen, shade and enhance the park • ADA access to playground area via ramp • Rerouted snowmelted stairway connecting the frontage road, First Chair Employee Housing and the pedestrian bridge to the Lionshead pedestrian area III. BACKGROUND The subject property was a part of the original Town of Vail which became effective by the election of August 23, 1966, and the court order of August 26, 1966. In 2008, the Vail Town Council instructed Staff to locate and build a park in Lionshead. After examining all town-owned locations, Sundial Plaza was selected as the only adequate location for a public park. The Vail Town Council has approved funding for a park in Sundial Plaza as part of the 2013 Municipal Budget. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE (IN PART) 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 2/19/2013 Town of Vail Page 6 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 development/ redevelopment 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. CHAPTER 12-16: CONDITIONAL USES PERMITS Section 12-16-1: Purpose; Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. LIONSHEAD REDEVELOPMENT MASTER PLAN (IN PART) Chapter 4: Master Plan Recommendations - Overall Study Area 4.10: Gateways, Landmarks, and Portals The lack of spatial hierarchy or organizational clarity is a fundamental problem in the Lionshead pedestrian and vehicular network today. This section discusses the need to create a series of gateways, portals, landmarks and useful public spaces that will increase and enhance the character and identity of the pedestrian environment. 4.10.1 Gateways and Portals Gateways and portals are elements that signify important points of entry and transition and serve to reinforce the identity and functionality of both. They are announcements of direction and relative importance. Gateways can be created using building forms, landscaping, paving patterns, or signage. Portals and gateways are discussed in the architectural design guidelines (see chapter 8). The creation of gateways and portals is encouraged as a basic component of redevelopment, especially in transition areas between different domains, or public, semi-public, and private areas. A change in the hierarchy of the surrounding environment should be announced and well delineated. There are several critical locations where gateway and portals need to occur (see Map R). 2/19/2013 Town of Vail Page 7 4.10.1.2 Pedestrian Portals/ Gateways Four primary pedestrian portals are critical to establishing the character and identity of Lionshead (see Map T): 1) the pedestrian entry on the west end of the parking structure; 2) the top of the grade transition from the North Day Lot into the retail mall; 3) the intersection of West Lionshead Circle and Lionshead Place at the western end of the retail mall; and 4) the transition between the ski yard and the retail mall. 4.10.2 Landmarks A landmark is a significant architectural element that all the visitors to Lionshead can identify and remember. Landmarks signify important points of entry, turning points and critical intersections in the pedestrian network, as well as destinations and visual reference points. The single landmark in Lionshead today is the Gondola clock tower, which will be replaced with the Vail Associates core site redevelopment. Appropriate locations for new landmarks in Lionshead are the east pedestrian portal, the central retail mall adjacent to the main pedestrian plaza, and the west pedestrian portal adjacent to the intersection of West Lionshead Circle and Lionshead Place. In addition, the potential civic center complex at the east end of the parking structure should function as a significant architectural landmark for the east end of Lionshead. 4.10.3 Public Art Through the Art in Public Places board, the Town of Vail has long recognized the importance of public art in pedestrian environments. Future development and redevelopment projects in Lionshead, especially projects impacting the retail mall and primary pedestrian environments, should seek to incorporate public art according to the Town of Vail Art in Public Places Master Plan (not adopted as of the writing of this document). Pedestrian circulation systems, portals and gateways, landmarks, pedestrian plazas and architecture all present opportunities to incorporate public art. 4.10.4 Youth Recreation Throughout the master plan process there was public input regarding the need for both indoor and outdoor non-skier related recreation opportunities for children and youth. Since the removal of the playground south of Gore Creek in 1995, the only such activities include the Vail Associates putt-putt golf course and the open play field of the ski yard. As the redevelopment of Lionshead progresses the creation of a programmed children’s play area should be a community priority. Programmatic components of such as play area could include “tot-lot” play equipment, a volleyball court, swing sets, and creative play structures. Landscaping, benches, and picnic tables should also be integrated into the design such a play area. The location of such a play area will need to be readily accessible from the Lionshead pedestrian mall area and the Gore Creek recreation path, and will require good southern solar exposure. In addition to the play area described above, the potential of integrating children’s play areas into the Lionshead pedestrian retail mall should be considered when improvements 2/19/2013 Town of Vail Page 8 to the mall are made. Good examples of such play areas can be found in the Aspen, Breckenridge, and Boulder pedestrian retail districts. 5.8 Lionshead Retail Core The Lionshead retail core (see figure 5-8) is comprised of the Vail Associates core site, the surrounding pedestrian mall environment, and the retail faces of adjacent buildings. This central area is the heart and soul of Lionshead and constitutes the most critical area for public and private improvements. The Vail Associates core site represents the most likely near-term redevelopment project, but it is essential that the Town of Vail take all available steps to encourage and facilitate other efforts to enhance and redevelop the retail core. Specific recommendations are as follows: 5.8.1 Build-To Lines A significant problem in the retail mall today is the excessive distance between opposing retail faces, which causes pedestrians to interact with only one side of the street. To remedy this, build-to lines are recommended (see Map S) to create a continuous, well-defined retail experience in which all ground floor spaces directly address the pedestrian street. Of special note, the corridor defined by the build-to lines between the existing Landmark retail and Sunbird Lodge is centered on Tract C. In other words, the build-to lines in this east-west corridor will impact both the Vail Associates property and the Landmark Retail property equally. 5.8.2 Ground Level Retail Expansion Opportunities Ground floor retail expansion should be encouraged on existing structures that do not currently extend to their designated build-to lines and are not likely to be completely redeveloped. The most significant places for ground floor retail expansion are the east face of the Vail 21 building and the south and west faces of the Lionshead Arcade building. 5.8.3 Pedestrian Connections Through the Core Site There is a critical north-south pedestrian connection between the ski yard and the proposed transportation and skier drop-off uses on the North Day Lot. This connection will require at least one north-south penetration through the Vail Associates core site, and there is an opportunity to create a second one, as shown in figure 5-9. The east-west pedestrian corridor originating at the east Lionshead pedestrian portal should also be extended into the Vail Associates core site, connecting with the north-south corridors. These connections should be part of the “primary retail mall” (see site design guidelines, chapter 6) to reinforce the village character of the core. It is not necessary that flanking architectural forms be completely separated in order to define pedestrian corridors. Instead, opportunities to create significant architectural portals are encouraged to highlight the transition from one public space into another. 5.8.4 Hierarchy of Pedestrian Space The Lionshead retail core is composed of a hierarchy of primary and secondary pedestrian corridors and spaces (see site design guidelines, chapter 6), shown in figure 5-9. While both are important to the total retail environment, the primary 2/19/2013 Town of Vail Page 9 should read as the dominant pedestrian flow pattern. Transitions between these different domains should be well defined. 5.8.5 Retail Space Allocation A primary goal of the Lionshead Master plan is to increase both the amount and the quality of retail space in the pedestrian core. The sunny south-facing sides of buildings (for example, at the Lifthouse Lodge and the creek side of the VA core site) are ideal for restaurants. The shadier north-facing sides are more appropriate for retail uses that do not benefit as much from a direct relationship with the outdoors. Use of ground floor commercial space for offices is not recommended on the primary pedestrian mall; these businesses should be located instead on the second story or outside the main pedestrian corridor. 5.8.6 Plazas and Nodes Dynamic pedestrian plazas and nodes are encouraged at each significant intersection in the retail core. Successful plazas are those that have good sun exposure, that are located on primary pedestrian corridors, and that are properly proportioned to encourage seating, eating, gathering and events. Successful nodes are concentrations of activities, landmarks and spaces where people want to congregate. Focal elements such as fountains, landscaping, and public art help to give each node a unique identify and serve as visual reference points. A fundamental objective of the master plan is to introduce these qualities in the Lionshead core. The central Lionshead public plaza, for example (shown in figure 5-10), presents an opportunity to create a vibrant center of activity surrounded by active retail and restaurant spaces and animated with an ice rink. The development of a small infill building at the north edge of the plaza is recommended to define the space and introduce additional retail opportunities. The building could incorporate an underground service and delivery corridor to the North Day Lot transportation center. A food and beverage operation on a rooftop deck over this structure could provide a unique vantage point marking the new north Lionshead pedestrian portal and opening views into the central Lionshead plaza and up to the mountain. Because the Lionshead pedestrian mall is also an emergency vehicle access corridor, its proportions and the design of the elements within it must accommodate the turning movements and clearance requirements of fire trucks and other large vehicles. 5.18 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. 2/19/2013 Town of Vail Page 10 2/19/2013 Town of Vail Page 11 2/19/2013 Town of Vail Page 12 2/19/2013 2/19/2013 ~ t7 ===-­-----------r~~--1---'1 I I I 1 I f'...1 I "-II I I I I I lC!J_J-~J, J 0 ........ ./ ~ ~/ ./ MAP 0 MASTER PLAN FRAMEWORK PUBLIC VIEW CORRIDORS OPEN SPACE CONNECTIONS LIR~~~L~~E~D MASTERPLAN 1_~:::~::~:'::::5H0 ~~ l!.--------J. 2/19/2013 • T ,":\ I 1\ \ I I \ \ I I \ \ I I , \ I / I r-T I I I I MAPQ MASTER PLAN FRAMEWORK PEDESTRIAN WALKS AND PATHS PRlMARY PEDESTRIAN WALK SECONDARY PEDESTRIAN WALK :----~ ~~-------PEDESTRIAN PATH ----------------~--~ L~~~~L~~E~D M j\ST E ~L,,--,j\~,,- 1:.;:~:.:,w~~~Wl1-J~ 2/19/2013 -I I / 1\ I / II / / I I / 1 I \ 1 1 I I 1 / I \ '1­/ I I ~----------?' T I~ -1 I I -------------­ I I I: :I;(): I : , Q LANDMARKS (POTENI1AL LOCAnONS) o PRIMARY PEDESTRIAN PORTALS VIiHlCULAR PORTALS LIR~~~L~~E;:\D MASTERPLAN Es~:.,::,,~~~s H0 ~ Wl1-----J_ 2/19/2013 '-'::::=­~ <? / / / / / / I ( MAPT MASTER PLAN FRAMEWORK OVERALL PEDESTRIAN CORRIDORS AND CONNECTIONS -~~l / ~ CON1lNUOUS PED:S~~YCLEPATH~ // ~ -__ SOUTH FRONTAGE ROAD --L IONSHEAD WEST LIONS HEAD CIRCLE PEDESTRIAN CORRIDOR EAST L10NSHEAO CIRCLE PEDESTRIAN CORRIDOR NORm L10NSHEAD PEDESTRIAN PORTAL REDEVELOPMENT 21-AS T ER P LANINlCRMTITANT PEDESTRIAN CROSSINGS FOR WEST L10NSHEAD PEDESTRIAN PORTAL NEW PEDESTRIAN CONNECTION rnROUGHSOUTH FRONTAGE ROAD OVERFLOW PARXlNG CONCERT HALL PLAZA AND THE MONTANEROS I.~~~:.,::~~~s H0 ~~ r-l----J 2/19/2013 Town of Vail Page 18 View Corridor #4 V. SITE ANALYSIS Address: Lionshead Pedestrian Mall Legal Description: Tract C, Lionshead 6th Filing Zoning: Lionshead Mixed Use 1 District Land Use Plan Designation: Lionshead Redevelopment Master Plan Current Land Use: Green space/Walkway Geological Hazards: None Site Area: Proposed park area approx. 13,000 square feet VI. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Mixed Use Lionshead Mixed Use 1 District South: Mixed Use Lionshead Mixed Use 1 District East: Mixed Use Lionshead Mixed Use 1 District West: Mixed Use Lionshead Mixed Use 1 District 2/19/2013 Town of Vail Page 19 VII. CRITERIA FOR REVIEW LRMP AMENDMENT: According to the Lionshead Redevelopment Master Plan, amendments to the Master Plan must address the following review criteria: 1. How have conditions changed since the plan was adopted? Since the adoption of the plan, many elements of the plan have been address by redevelopment projects. The Arrabelle was constructed with an ice rink in a different configuration than detailed in the exhibits in the Lionshead Redevelopment Master Plan by moving the elements of a public plaza programmed for Sundial Plaza. The recommendations include building an ice rink at the central Lionshead public plaza (shown as Sundial Plaza) and an infill building in the hillside at Sundial Plaza between the Landmark and the Lifthouse. Instead, an ice rink with strong retail surrounding it was constructed at the Arrabelle, which is now the de facto central Lionshead public plaza instead of Sundial Plaza. The North Day Lot recommendations changed from a transit center to employee housing and skier drop off. Employee housing was constructed on the site, and skier drop off was moved to the Lionshead Parking Structure. The walkway between the North Day Lot and the pedestrian mall remains a pedestrian thoroughfare to connect the pedestrian bridge, First Chair, Billy’s Island Grill and the pedestrian mall. 2. How is the plan in error? The Lionshead Redevelopment Master Plan is not in error. With all that has occurred, it is necessary to adjust the recommendations to reflect current conditions and future needs. The Lionshead Redevelopment Master Plan provides recommendations for the Lionshead Retail Core, which consists of the Vail Associates Core Site (now the Arrabelle), the surrounding pedestrian mall environment, and the retail faces of adjacent buildings. The recommendations include building an ice rink at the central Lionshead public plaza (shown as Sundial Plaza) and an infill building in the hillside at Sundial Plaza between the Landmark and the Lifthouse. Instead, an ice rink with strong retail surrounding it was constructed at the Arrabelle, which is now the de facto central Lionshead public plaza instead of Sundial Plaza. Commercial infill is unnecessary due to the influx of redevelopment and new commercial space in Lionshead. Further, the plan does not contemplate the Town’s interest in using Town owned property for public uses instead of commercial infill. There is a need for a centrally located park in Lionshead that is not being met. Vail Village has numerous pocket parks but Lionshead does not have similar amenities. The plan recommends park space within the Lionshead retail core, but does not specify a location for such park space, and Sundial Plaza is the only publicly-owned location suitable for a centrally located park space in the Lionshead retail core. 3. How would an addition, deletion, or change to the plan be in concert with the plan in general? 2/19/2013 Town of Vail Page 20 The proposed amendments are in concert with the Lionshead Redevelopment Master Plan policy objectives, plan objectives and specific recommendations. By recommending a park at Sundial Plaza within the core of Lionshead, the proposed amendments help to fulfill policy objective 2.3.1, which states, “Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents.” The amendments recommending a park instead of commercial infill also fulfills policy objective 2.3.2, which states, “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.” The proposed amendments are in concert with the Lionshead Redevelopment Master Plan objective to create and enhance the north-south connection between the gondola ski yard and the North Day Lot and the specific action to “create new walkways and plazas and replace deteriorated pavements.” The central Lionshead public plaza has moved to the Arrabelle, so an ice rink has already been constructed as recommended. Further, a public park at Sundial Plaza would activate the space similar to the intent of the recommended ice rink. The public park would also be in concert with Section 4.10.3, Public Art and 4.10.4, Youth Recreation (see Section IV of this memorandum), by providing a playground, climbing wall and water feature that doubles as public art. While a public park would replace any commercial infill of the property, the commercial infill at the Arrabelle surrounding the ice rink eliminates the need to infill Sundial Plaza with a commercial building. Instead, it provides a space to recreate and ensures a visual connection between the north side of the property and Vail Mountain. CONDITIONAL USE PERMIT: Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. The Town has established development objectives including enhancing the livelihood of the commercial cores, as well as providing new experiences and options for guests. Another development objective is to create pedestrian connectivity into and within the commercial cores. A third objective is to provide park and recreation space throughout the town. The proposed park meets the above objectives. This public park furthers the vision of the Vail 20/20 Strategic Plan, where the community vision called for Vail to be a “premier mountain resort community… achieved through world-class recreational..opportunities.” The Lionshead Redevelopment Master Plan pedestrian circulation recommendations in Chapter 1 include the following: 2/19/2013 Town of Vail Page 21 • Develop, with public-private cooperation, two continuous pedestrian axes (north-south and east-west) through Lionshead. Create new walkways and plazas and replace deteriorated pavements. • Install a snowmelt system in the Lionshead pedestrian mall. • Create a new north Lionshead pedestrian portal in conjunction with development of a public transportation facility on the North Day Lot. The proposed public park and recreation facility, with a new snowmelted walkway connecting the North Day Lot to the pedestrian mall is clearly consistent with the above recommendations. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes the proposed park does not impact transportation facilities, utilities and schools. It does provide a much needed parks and recreation facility in Lionshead and will serve as a destination, thus potentially shifting pedestrians to this area. Further, the design will allow for continued light and air at the subject and surrounding properties. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes the proposed public park does not impact congestion, automotive safety, traffic flow and control, access and maneuverability. The proposed park does positively impact pedestrian safety and the removal of snow from the street, with the inclusion of a new snowmelted walkway from the North Day Lot to the pedestrian mall. Pedestrian convenience is improved with a straightened walkway with an improved visual connection to Vail Mountain from the North Day Lot. The improvements do not encroach into adopted View Corridor #10, which is a view to Vail Mountain from the top of the stairs adjacent to the North Day Lot. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff believes that the proposed public park will improve the character of the area by providing a playground that doubles as public art within the core of Lionshead. The park will provide free recreational amenities including playground equipment, a climbing wall and a water/fire feature with seating to the public that will be both a destination and an additional side activity to compliment the adjacent shopping, restaurants, the Gore Valley Trail, the ski yard, mini golf and activities on Vail Mountain. The scale and bulk of the playground structures, which include three elements roughly 15 feet tall, serves as a compliment to the varied architectural styles of the adjacent mixed use buildings. 2/19/2013 Town of Vail Page 22 VII. STAFF RECOMMENDATION LRMP AMENDMENT: The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the proposed amendments to the Lionshead Redevelopment Master Plan. Staff’s recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. 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 for proposed amendments to the 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 the central pedestrian plaza (Sundial Plaza) in Section 5.8.6, Plazas and Nodes, Lionshead Redevelopment Master Plan and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to forward a recommendation of approval of the applicant’s request, staff recommends that the following findings be made as part of the motion: “The Commission finds that the proposed amendments to the Lionshead Redevelopment Master Plan comply with the review criteria outlined in Section VI of the memorandum to the Planning and Environmental Commission, dated January 28, 2013, and that the amendments, as proposed, further the goals, objectives and policies, as stated in Chapter 2 of the Lionshead Redevelopment Master Plan.” CONDITIONAL USE PERMIT: Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning an Environmental Commission approves, with conditions, a conditional use permit to allow for a public park and recreation facility at Sundial Plaza. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission passes the following motion: “The Planning and Environmental Commission approves the request for a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally 2/19/2013 Town of Vail Page 23 (On All Levels of a Building), Vail Town Code, to allow for the construction of a public park and recreation facilities (playground) at Sundial Plaza located within the Lionshead pedestrian mall/Tract C, Lionshead 6th Filing, and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission requires the following condition: “The associated Lionshead Redevelopment Master Plan amendments shall be adopted by the Vail Town Council prior to construction of a public park and recreation facility.” Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outlined in Section VII of the Staff memorandum to the Planning and Environmental Commission dated January 28, 2013, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed conditional use permit is in accordance with the purposes of the Zoning Regulations and the Lionshead Mixed Use 1 District. 2. The proposed conditional use permit and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use permit complies with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code.” IX. ATTACHMENTS A. Vicinity Map B. Existing and proposed site plans C. Artist renderings of public park 2/19/2013 ! ! !! ! ! ! ! ! ! ! ! I 7 0 S F R O N T A G E R D W E LIONSHEAD CIR L I O N S H E A D P L W L I O N S H EA D C I R L I O N S H E A D M A L L I 7 0 I !!!! !!!!! Subject Property 0 100 20050Feet S u n d i a l P l a z aSundial P l a z aA P a r t o f T r a c t C , L i o n s h e a d 6 t h F i l i n gA P a r t o f T r a c t C , L i o n s h e a d 6 t h F i l i n g This map was crea ted b y th e Town of Vail GIS Tea m. Use of this map sh ould be for ge neral p urp ose s only. The Town o f Vail do es not warran t the accuracy of the information contained herein.(whe re sh own, parcel line wo rk is app ro ximate ) Last Modified: January 18, 2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 19, 2013 ITEM/TOPIC: First Reading of Ordinance No. 5, Series of 2013, an ordinance repealing and re-enacting Ordinance No. 7, Series of 2010, re-establishing the approved development plan and development standards for site coverage, density and landscaping for Special Development District No. 37, Tivoli Lodge, in accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an addition to an accommodation unit, an office and a meeting room, at the Tivoli Lodge, located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5th Filing, and setting forth details in regard thereto. (PEC130002) PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 5, Series of 2013, upon first reading. BACKGROUND: On February 11, 2013, the Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for Ordinance No. 5, Series of 2013, by a vote of 7-0-0 with the following conditions: 1. This approval includes two revised plan sheets A4.0 and A5.4 dated February 8, 2013. 2. The applicant shall receive permission from the adjacent property owner (Vail Associates) for access for construction in conjunction with any building permits. 3. Approval of an amendment to the SDD is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. ATTACHMENTS: Ord 5 memo Ord 5 Series 2013 Ord 5 Series 2013 Exhibit A Tivoli PEC Packet 2/19/2013 TO: Vail Town Council FROM: Community Development Department DATE: February 19, 2013 SUBJECT: First Reading of Ordinance No. 5, Series of 2013, an ordinance repealing and re-enacting Ordinance No. 7, Series Of 2010, re-establishing the approved development plan and development standards for site coverage, density and landscaping for Special Development District No. 37, Tivoli Lodge, in accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an addition to an accommodation unit, an office and a meeting room, at the Tivoli Lodge, located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5th Filing, and setting forth details in regard thereto. (PEC130002) Applicant: Robert Lazier, represented by Bill Reslock Planner: Warren Campbell I. SUMMARY The applicant, Robert Lazier, represented by Bill Reslock, is requesting first reading of Ordinance No. 5, Series of 2013, which will allow for a major amendment to Special Development District No. 37, Tivoli Lodge, to allow for an increase in site coverage and gross residential floor area and a reduction in landscaping to facilitate additions to a meeting room, office and accommodation unit (hotel room). The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 5, Series of 2013, upon first reading. For reference, the following are attached: Ordinance No. 5, Series of 2013 (Attachment A) and the Planning and Environmental Commission memorandum dated February 11, 2013, including all attachments except the draft ordinance (Attachment B). II. BACKGROUND Staff’s memorandum to the Planning and Environmental Commission reflected review of the set of plans, dated December 21, 2012. The applicant provided updated plans amending the office addition and dormer on the north elevation, dated February 8, 2013. On February 11, 2013, the Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for Ordinance No. 5, Series of 2013, by a vote of 7-0-0 with the following conditions: 1. This approval includes two amended plan sheets A4.0 and A5.4 dated February 8, 2013. 2. The applicant shall receive permission from the adjacent property owner (Vail Associates) for access for construction in conjunction with any building permits. 3. Approval of an amendment to the SDD is contingent upon the applicant obtaining Town of Vail approval of the associated design review application.” 2/19/2013 2 III. ACTION REQUESTED Should the Vail Town Council choose to approve Ordinance No. 5, Series of 2013, on first reading, the Vail Town Council should pass the following motion: “The Vail Town Council approves on first reading, Ordinance No. 5, Series of 2013, an ordinance repealing and re-enacting Ordinance No. 7, Series Of 2010, re-establishing the approved development plan and development standards for site coverage, density and landscaping for Special Development District No. 37, Tivoli Lodge, in accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an addition to an accommodation unit, an office and a meeting room, at the Tivoli Lodge, located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5th Filing, and setting forth details in regard thereto.” Should the Vail Town Council choose to approve Ordinance No. 5, Series of 2013, on first reading, the Vail Town Council should pass the following conditions: 1. Approval of an amendment to the SDD is contingent upon the applicant obtaining Town of Vail approval of the associated design review application.” 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 Staff’s February 11, 2013, 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 Staff’s February 11, 2013, 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 Staff’s February 11, 2013, 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 Staff’s February 11, 2013, memorandum to the Planning and Environmental Commission.” VII. ATTACHMENTS A. Ordinance No. 5, Series of 2013 B. PEC memo dated February 11, 2013 2/19/2013 Ordinance No. 5, Series of 2013 1 ORDINANCE NO. 5 SERIES 2013 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 7, SERIES OF 2010, RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR SITE COVERAGE, DENSITY AND LANDSCAPING FOR SPECIAL DEVELOPMENT DISTRICT NO. 37, TIVOLI LODGE, IN ACCORDANCE WITH SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR AN ADDITION TO AN ACCOMMODATION UNIT, AN OFFICE AND A MEETING ROOM, AT THE TIVOLI LODGE, LOCATED AT 386 HANSON RANCH ROAD/ LOT E, BLOCK 2, VAIL VILLAGE 5TH FILING, 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and 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, Ordinance No. 10, Series of 2007 repealed and reenacted Special Development District No. 27, Tivoli Lodge, per the approved development plan submitted by Robert 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 re-establish Ordinance No. 7, Series of 2010, to amend the Approved Development Plan and density control requirements, to allow for an increase in gross residential floor area and site coverage, a reduction in landscaping and a change to approved setbacks; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on February 11, 2013 on the major amendment application and has submitted its recommendation of approval to the Vail Town Council by a vote of 7-0-0; 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, the approval procedures of Article 12-9A, Vail Town Code, have been fulfilled; and Attachment C 2/19/2013 Ordinance No. 5, Series of 2013 2 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 re-establish Special Development District No. 37, Tivoli Lodge. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 10, Series of 2007 is hereby repealed and re-enacted so that Special Development District No. 37, Tivoli Lodge, reads as follows: (additions shown in bold; deletions in strikethrough) 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 5th 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 5th Filing) and Parking (P) District (Lot 3, First Amendment, Vail Village 5th Filing). Lot 3, First Amendment, Vail Village 5th Filing, is used for parking purposes only and is not factored into development standards except parking. 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 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 2/19/2013 Ordinance No. 5, Series of 2013 3 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 as approved by the Vail Town Council on March 5, 2013. 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 (0.5225 acres). Lot E, Block 2, Vail Village 5th Filing shall be 17,707 square feet (0.4065 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. 2/19/2013 Ordinance No. 5, Series of 2013 4 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 27,901.5 square feet and the maximum allowable density shall be one (1) dwelling unit, 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 (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 four percent (64%) or 11,380 square feet sixty-three percent (63%) of the total lot area of Lot E, Block 2, Vail Village 5th Filing, and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least twenty six percent (26%) or 4,682 square feet thirty percent (30%) or 5,312 square feet of the total lot area of Lot E, Block 2, Vail Village 5th Filing 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. 2/19/2013 Ordinance No. 5, Series of 2013 5 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 the hotel property. No other conditions shall be required as part of the amendments within Ordinance No. 7, Series of 2010 or Ordinance No. 5, Series of 2013. 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. Should the addition proposed as part of the major amendment within Ordinance No. 5, Series of 2013 not commence within three years of the adoption of Ordinance No. 5, Series of 2013, Ordinance No. 5, Series of 2013 will be void, thus 2/19/2013 Ordinance No. 5, Series of 2013 6 reinstating Ordinance No. 7, Series of 2010. 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 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 Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town 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 19th day of February, 2013 and a public hearing for second reading of this Ordinance set for the 5th day of March, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Andrew P. Daly, Mayor ATTEST: ____________________________ Lorelei Donaldson, Town Clerk ATTACHED: EXHIBIT A: PLANS 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 To: Planning and Environmental Commission From: Community Development Department Date: February 11, 2013 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 amend the approved development plan to increase gross residential floor area and site coverage and amend the approved setbacks, located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5th Filing, and setting forth details in regard thereto. (PEC130002) Applicant: Robert Lazier Planner: Rachel Dimond 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 an increase to gross residential floor area and site coverage, and an amendment to the approved setbacks. Staff is recommending approval, with conditions, of the applicant’s proposal, based on the criteria established in Section VII of this memorandum. Staff’s recommended conditions include the elimination of the office addition and modification of the flat roof dormer on the north elevation. II. DESCRIPTION OF THE REQUEST The applicant is requesting a major amendment to Special Development District No. 37, Tivoli Lodge. The request includes: • Addition of 1,005 square feet of gross residential floor area to accommodation unit #520 to create a 2,220 square foot three bedroom suite • Addition of 180 square feet to the office on first floor, an increase from 200 square feet to 380 square feet, which adds 180 square feet in site coverage and reduces landscaping by 180 square feet • Addition of 450 square feet to convention room above existing garage, an increase from 950 square feet to 1400 square feet, which changes the rear 2/19/2013 Town of Vail Page 2 setback on the first floor to zero feet (already zero feet in this location below grade) and reduced landscaping by 450 square feet • Combination of three dormers on north elevation into one flat roof dormer This proposal results in the following changes to SDD #37: • Amendment to Section 2, Development Plan to include new pertinent plans. • Amendment to Subsection 3E, Density Control, to increase total GRFA from 27,901.5 square feet to 28,906.5 square feet, and an increase of AU GRFA from 24,451 square feet to 25,456 square feet. • Amendment to Subsection 3F, Site Coverage, to increase total allowable site coverage by 180 square feet from 11,200 square feet to 11,380 square feet. • Amendment to Subsection 3G, Landscaping and Site Development to reduce minimum landscaping by 630 square feet from 5,312 square feet (30%) to 4,682 square feet (28%) • 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 deviation from required parking. 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. On May 18, 2010, the Vail Town Council adopted Ordinance No. 7, Series of 2010, which allowed for the conversion of a meeting room to an accommodation unit. The Tivoli Lodge received a building permit for the conversion on December 29, 2010 but allowed the permit to expire before any work commenced. A second building permit was issued on October 19, 2012 and is still active. 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 5th Filing Zoning: SDD No. 37, Public Accommodations (PA) District Lot Size: 17,707 square feet/ 0.4065 acres 2/19/2013 Town of Vail Page 3 Development Standard Allowed PA District Allowed SDD No. 37 Proposed Net Change Dwelling Units/Acre 25 DU/acre unlimited EHU, AU, FF/TS 1 DU 62 AU 1 EHU 1 DU 62 AU 1 EHU No change GRFA (max) GRFA- AUs 41,430 sq ft 27,901.5 sq ft 24,451 sq ft 28,906.5 sq ft 25,456 sq ft +1,005 sq ft Site Coverage (max) 65%/ 11,510 sq ft 63%/ 11,200 sq ft 64%/ 11,380 sq ft +180 sq ft Landscaping (min) 30%/ 5,312 sq ft 30%/ 5,312 sq ft 26%/ 4,682 sq ft -630 sq ft Setbacks 20 feet Per approved plan Per approved plan Decreased rear setback Parking (min) 51 spaces* 40 spaces 40 spaces** No change Height (max) Sloping roof 48 feet 56 feet 56 feet No change *Increase in meeting room from 950 sq ft to 1400 sq ft requires 2 additional parking spaces. ** 22 spaces on site. Lot 3, First Amendment, Vail Village 5th Filing, also part of SDD 37 provides 18 spaces. No new spaces being proposed and 11 space deviation is being requested. Use Parking requirement Spaces required 1 DU 1.4 spaces/ DU 1.4 spaces 1 EHU 1.4 spaces/ DU 1.4 spaces 62 AU 0.7 spaces/AU 43.4 spaces 1,400 sq ft meeting room 1 space/330 sq ft 4.24 spaces TOTAL 50.44= 51 spaces VI. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal (Note: Click on the underlined sections for links to the documents. You will need internet connection to access links): Vail Land Use Plan • Goals: 1.0 General Growth/Development & 3.0 Commercial Vail Village Master Plan • Goal #2: • East Village, Sub-Area (#7) 2/19/2013 Town of Vail Page 4 • #7-2 Tivoli Lodge Infill Title 12, Vail Zoning Regulations, Vail Town Code • Chapter 12-1, Title, Purpose And Applicability • ARTICLE 12-9A: SPECIAL DEVELOPMENT (SDD) DISTRICT 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. Staff believes many of the proposed changes to building design are compatible and sensitive to the immediate environment, neighborhoods and adjacent properties. However, Staff believes the proposed first floor office addition on the north side and the change to the dormers on the north elevation are out of character and visual integrity with the rest of the building. The office addition creates a conflict with the adjacent entry as the new roofline is not architecturally compatible with the existing façade and changes the nature of the entry to the building. The flat roof dormer proposed on the north side of the building is uncharacteristic of the architectural character of the building and the varied architecture in the surrounding neighborhood. The dormer would fit the character of the building if it had a sloped roof form similar to the dormer on the south elevation. With these modifications, Staff believes the proposed dormer would comply with this criterion. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Staff believes that the proposed additions to the existing accommodations unit, meeting room and office provide a compatible, efficient and workable relationship with surrounding uses and activities. There is a need for hot beds in this neighborhood, and this addition will help supply this need with a larger three bedroom suite. A larger meeting room improves a workable relationship between this building, Vail Village and the nearby ski mountain, as groups who visit Vail need a variety of meeting rooms for events. The neighborhood has similar uses 2/19/2013 Town of Vail Page 5 and density, which is compatible with the Tivoli Lodge. Staff believes the proposal meets this criterion. 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. In 2010, meeting space was converted to an accommodation unit, which reduced required parking to 47 spaces. Typically, when changes of use applications are submitted to the Town of Vail, parking is assessed for the change in use and not for the entire project. The proposed amendments would require an incremental 2 parking spaces. Because this is an SDD, an overall analysis was performed for parking on the overall site, resulting in a total of 51 required spaces for this site. Use Parking requirement Spaces required 1 DU 1.4 spaces/ DU 1.4 spaces 1 EHU 1.4 spaces/ DU 1.4 spaces 62 AU 0.7 spaces/AU 43.4 spaces 1,400 sq ft meeting room 1 space/330 sq ft 4.24 spaces TOTAL 50.44= 51 spaces The 40 spaces provided by this SDD (22 on site and 18 on Lot 3, First Amendment, Vail Village 5th Filing) would now create a deficit of 11 spaces. Therefore, the proposal requires increased deviation from the requirements of Chapter 12-10, Vail Town Code. However, the meeting room space will likely be used by hotel guests or people who are walking or taking buses from other locations in Vail Village and Lionshead and would not generate a need for additional parking. Staff believes the existing 40 spaces is adequate for the Tivoli Lodge. D. Conformity with the applicable elements of the Vail Comprehensive Plan and Town policies. Staff believes that this application complies with certain elements of the Vail Comprehensive Plan and Town policies. Specifically, the application complies with the Vail Village Master Plan, which states “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. 2/19/2013 Town of Vail Page 6 Staff finds the proposed shed roofs on the first floor additions conform to the Vail Village Design Consideration, which states “Shed roofs are frequently used for small additions to larger buildings.” Staff believes the proposed flat roof dormer does not conform to the Vail Village Design Considerations, which states, “The current expression, and objective, for roofs in the Village is to form a consistently unifying backdrop for the architecture and pedestrian streetscape, and to avoid roofs, which tend to stand out individually or distract visually from the overall character… Freestanding shed roofs, butterfly roofs and flat roofs can be found in the Village but they are-generally considered to be out of character and inappropriate.” However, Staff believes the proposed flat roof dormer can be modified to match the dormer on the south elevation, which would then comply with the above design considerations. Staff finds this proposal does not require mitigation of employee housing. Accommodation units are assessed for employees per unit, and no new units are being added. The office and meeting room space are considered accessory to the lodge use, and thus, are not separately assessed employee housing. Staff believes that no further mitigation of development impacts should be required for this application because of the minor nature of the proposed changes, and the positive impacts of a larger 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 criterion, as there are no natural or geologic hazards that need to be mitigated. 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 the proposed additions are not responsive and sensitive to natural features and vegetation. While no trees need to be removed, landscaping is going to be removed. However, the removal of vegetation is mitigated on the north side with the existing evergreen trees that will block the addition. On the south side, the undevelopable open space directly adjacent to the property provides a natural buffer that allows the addition to remain sensitive to overall natural features. The office addition on the north side seems out of place and not compatible with the existing architecture, and thus, is not responsive to the overall aesthetic quality of the community and the building itself. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. 2/19/2013 Town of Vail Page 7 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 will affect landscaping, as it reduces landscaping by 180 square feet on the front (north) side of the building, and by 450 square feet on the rear (south) side of the building. Trees to be removed will be relocated on site. While landscaping is being reduced, it will have minimal impact on the optimization and preservation of 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 Based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented, Staff recommends the Planning and Environmental Commission forward a recommendation of approval, with conditions, to the Vail Town Council for the applicant’s request. 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 February 11, 2013, 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 District No. 37, Tivoli Lodge, to amend the approved development plan to increase gross residential floor area and site coverage and amend the approved setbacks, located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5th Filing, and setting forth details in regard thereto.” 2/19/2013 Town of Vail Page 8 Should the Planning and Environmental Commission forward a recommendation of approval of this application, the Community Development Department recommends the Planning and Environmental Commission pass the following conditions: 1. This approval does not include the office addition on the north elevation because this element of the proposal is not architecturally compatible with the structure. 2. The proposed flat dormer on the north elevation shall be amended to match the dormer on the south elevation. 3. The applicant shall receive permission from the adjacent property owner (Vail Associates) for access for construction in conjunction with any building permits. 4. Approval of an amendment to the SDD is contingent upon the applicant obtaining Town of Vail approval of the associated design review application.” Should the Planning and Environmental Commission forward a recommendation of approval of this application, the Community Development Department recommends the Planning and Environmental Commission make 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 February 11, 2013, 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. Applicant’s request C. Architectural Plans D. Draft Ordinance No. 5, Series of 2013 E. Tivoli existing and proposed photos and elevations 2/19/2013 2/19/2013 TO: Rachel Dimond Town of Vail Community Development FROM: William Reslock, Architect DATE: January 31, 2013 RE: Tivoli Lodge 386 Hanson Ranch Road REMODEL ______________________________________________________________________________ We are proposing various alterations to the existing Tivoli Lodge at 386 Hanson Ranch Road. This will be a major amendment to the existing SDD. 1. We are proposing an addition to the existing Room 520, to create a three bedroom suite. This will be an addition of 1005 sf of finished space utilizing existing unfinished floor area. In order to achieve this, we will be adding two dormers to the existing roof as shown on Sheet A5.4 on either side of the ridge on the left side of the page. 2. On the hallway on Level 4, we propose a dormer addition to the north side. This addition utilizes existing attic storage space. The dormer design will help stop the shedding of ice and snow off the roof to the ground below. This is visible on Sheet A5.3. 3. An office addition of 180 sf to the existing 200 sf office will create a larger administrative space of 380 sq which is greatly desired. This will result in an additional 180 sf of site coverage. The elevations on sheet A5.4 and A5.5 show the materials will match the existing building. 4. We are proposing an addition to the convention room of 450 sf with the existing 950 sf room. This will cr eat e a space of 1400 sf, which will greatly increase the hotel's ability to attract meeting and conferences during the fall, spring and summer. This will not result in any additional site coverage because it is located over the existing parking level. 5. Additional exterior improvements included four French balconies on the north side and six new French balconies on the south side to improve the existing room quality. There will also be three new patios outside of the existing rooms on the south side to improve quality. 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 2/19/2013 Existing North Elevation 2/19/2013 2/19/2013 Existing South Elevation 2/19/2013 2/19/2013 Existing West Elevation 2/19/2013 2/19/2013 Existing East Elevation 2/19/2013 2/19/2013 Existing Level 5 2/19/2013 2/19/2013