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Home My WebLink About2018-07-09 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF VAI0 July 9, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order 1. 1. Attendance Present: Brian Gillette, Brian Stockmar, John -Ryan Lockman, Karen Perez, Ludwig Kurz, Pam Hopkins Absent: Rollie Kjesbo 2. Main Agenda 2.1. A request for the review of variance from Section 12-6C-10, Landscaping 30 min. and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deviation from the si)dy percent (60%) landscaping requirement, located at 5128 Grouse Lane/Lot 8, Block 1, Gore Creek Subdivision, and setting forth details in regard thereto. (PEC18- 0026) ApplicantStanley & Karen Jeranko, represented by Martin Manley Architects Planner: Justin Lightfield Lightfield introduced the project and described public comment received on this application, which are letters of support. He described the subject property and the access agreement for access on the rear of the property, which provides accesses for Eagle River Water and Sanitation to their property to the south. The access easement takes up about 15 percent of the site, taking away area to be used for landscaping. Minimum required landscaping is 60% of the site. The applicant is requesting a variance to provide less than the required landscaping. ERW SD needs the full 25' road width to allow truck access to the site. John Martin, Architect — Existing asphalt on the site creates a problem. We meet all other site requirements, and site already has some site limitations. Half of the parcel must take access from Grouse Lane, and the other unit will take access from the access road. Home is designed to separate the two dwelling units as much as possible. Majority of the front driveway is on Town of Vail property. Stockmar — Will you meet at parking requirements? Martin — Yes, we are meeting parking requirements. They will be on the site itself. Perez — Please describe the slope challenges of the site. Martin — Building steps down from Grouse Lane, and third level down still does not reach grade. We are working with the grades, but will still have retaining walls. Shape of the lot has more to do with the design than the slope. Lightfield — The height of the proposed residence is 32'-10", within the 33' height limit. Martin- If no landscaping variance, it's an unfair situation for this developer, which would not be the same as other lots without the existing asphalt. Public Comment — John Kuchar — 5124 Grouse Lane. Will this application provide less landscaping than required? (Lightfield, yes, landscaping proposed is 58%) We are not looking forward to construction traffic. Road was built with plans for minimal traffic. Lightfield —Access easement document highlights the construction, repair, and maintenance responsibilities. Kuchar — There is an existing access agreement, it's not clear if it's a 20 year agreement, which expires soon. Stockmar — You will need to ask that question to your own counsel. Perez — Explained in perpetuity means forever. Kuchar — Road is not designed for heavy construction, and in winter how will snow plowing be addressed. We are asking for a 90 day delay on this application. Stockmar — That question is not relevant to the Commission's purview. Chris Mont — Owner of Lot 3. He is in agreement with John on all his points. Who is going to clean the road each day? He is in construction, so he knows how much impact construction can have. He stated no one has done their 20% of maintenance. He uses the access road daily and echoes John's concerns. Perez — You should discuss the legal document with your counsel. Mont — What's wrong with waiting 90 days? Gilllette — The road is existing. It has nothing to do with the Town. There are more hoops for the applicant to jump through, including design review and a building permit. Mont — Not all homes on this road were built using this road. Commissioner Comment — Lockman —Appreciate the staff memorandum on this lot. Criteria for the variance has been met, considering that the site already has paving. It's a challenging site, but it's outside the Towns purview to negotiate on private property. Hopkins — OK with it. Perez — One of the criteria we must look into, the relationship to other structures in the vicinity. The PEC needs to take into account the impact the development has on adjacent property. The PEC also needs to look at physical hardship, and the issue on slope was determined not to be an issue. She has not seen any evidence that they have not been able to meet the standard. Perez stated the concern of granting a special privilege. We can not look at what we approved before. I'm not swayed that it's impossible to provide 388 additional square feet. Kurz — Concur with Lockman and Hopkins. The road can be a physical hardship. Most lots don't have a road built through their property. Most lots are allowed a certain amount of site coverage and landscaping based on lot size. Stockmar —Agrees with most of the other commissioners. The would not be an issue to meet the landscaping requirements if there were no existing road. Ludwig Kurz moved to approve. John -Ryan Lockman seconded the motion and it passed (6-0). Absent: (1) Kjesbo 2.2. A request for the review of an amendment to an existing Conditional Use 5 min. Permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the replacement of the existing maintenance facility with a new maintenance facility at the Vail Golf Course, located at 1278 Vail Valley D rive/U n platted, and setting forth details in regard thereto. (PEC18-0027) Applicant'Vail Golf Course, represented by Pierce Architects Planner: Justin Lightfield Lightfield introduced the project. No formal action by the PEC is required. Jeff Bailey -1287 Vail Valley Drive. Thank you for the communication, it has been great. Question on access to the facility, will it change? Bill Pierce — No access will change with the project. Scott O'Connell — No change to access to the facility. No changes to Vail Valley Drive on this site. Chris Wolder —Adjacent property owner. What time of day will construction take place? Roz Cochman -1328 Vail Valley Drive — Concerned about the noise level. Jack Hunn, Consultant — Hope to start late September and finish by April or May 2019. No commissioner comments. 2.3. A request for review of Major Exterior Alteration, pursuant to Section 12-713- 45 min. 7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0016) Applicant$attle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence 1. Approval of this project is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. The Transportation Impact Fee shall be paid to the Town of Vail by the applicant prior to issuance of any building permit. 3. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record deed restrictions, in a form approved by the Town Attorney, for the on-site employee housing units (EHUs). 4. The DRB shall review the snowfall conditions on the rear setback at time of review. Stockmar - for the record, there have already been two meetings on the project. Braun, representing Battle Mountain LLC, presented to the PEC and stated after the last meeting additional research has been done on the automated parking system. There are four applications today. First, is a minor subdivision (PEC18-0017). Second, Braun presented the "pay in lieu" parking map amendment (PEC18-0019). Third, is the setback variance/west wall (PEC 18-0018). The Launch building will confirm to the setback to the 0' setback line. Braun stated the west wall's plane will be determined at the DRB stage in the process. Fourth, is the exterior alteration (PEC18-0016). Braun stated staff is supportive of the new design and the application still must go through the Design Review Board for final design approval. Braun then presented the automated parking system. He stated the Town Code requires a minimum of 7' clearance. The elevation clearance proposed is 7'6". The system will hold 71 minimum spaces. 46 spaces for Vail 21 and Launch with 25 spaces leased to other users, including retail, real estate office, etc. There is no "rush hour" or "peak arrival time" from the residential users. Stockmar asked about the demand of the system. Perez - What percentage of the residential parking are short-term vs. long- term? Braun could not speak to how many permanent residents live in the building Braun mentioned vehicles pull off of the alley, and then enter a code into the key pad, which opens the garage in a matter of seconds. The user then exits the car and the car stages itself in front of the elevator, thereby not holding up any traffic. There are two elevators in the garage and the elevators can work simultaneously. Stockmar asked if the parking system reverses the car when the elevator returns the car to ground level. This would allow the car to pull out rather than backing out. Braun stated yes, the cars will pull forward rather than backing out. Braun stated automated systems have been around for a long duration and many years. The average turnaround time is 90 seconds for the elevator to park a car and return to the top. Braun showed on a site plan there are six spaces for cars to park and drop off supplies. On site staff will verify cars do not utilize drop off parking zones for long term parking. Braun then presented on elevator reliability. CityLift is on site quarterly checking the system and cleans the system quarterly. The system will be designed differently to handle the winter environment, which will be more resistant to moister. The system will also have a dehumidifying system to handle the environment. CityLift will have a contract with a local elevator maintenance company. In most cases, problems are solved in minutes. There has not been a repair prohibiting cars from leaving for more than a few hours with the system. Commissioner Comments - Hopkins — How you unload and load without affecting other cars entering the elevator? How does the circulation work? Braun — It will require some moving around of vehicles. There are six dedicated spaces in the drop-off area. Stockmar stated the normal turn -around, parking patterns, and turning radius analysis would help the PEC and determine when bottlenecks would occur. Stockmar stated he lived with an automated parking system in Tokyo and it never failed in two and a half years. based on past experiences with using similar systems, it works. Gillette — If there is not enough time to get items in or out of your car, the complex will have to hire an assistant. Hopkins — The drop-off and unload area is more likely to back up than the parking elevators. Kurt Rhoden, with Launch Development — Most often systems are using a public parking format. We have the luxury to have an educated parking environment within their community. The community with view a video on the system that CityLift produces. Lockman — Is the trash and recycling accessed inside the garage or in the alley? Braun — They will roll the bin out to the alley and likely go down to the end of the alley to service the other buildings. Perez asked if Braun obtained a height measurement within the Town of Vail regulations. Braun stated they meet the minimum requirements at 7'6". Lockman — Is emergency access available if the elevators back up and cars park in the alley? Braun — Restoring and having 22' of clear moving area. With a worse case scenario there will still be access back into the property. Public Comment - Stewart McNab, representing Lift House Homeowners Association, stated his client's interest is not in the parking garage beneath the Launch Development. His client's interest is in the Lazier section of the parking garage (upper level that has been removed). He mentioned PEC18-0017 replating application. Stockmar clarified McNab was addressing another application, not the current application, PEC18-0016. He asked for the permission from the Commission to proceed with comments since they are interrelated. McNab — The final plat is the appropriate place to address parking places that existed prior to earlier this summer when the parking structure was demolished. Lift House requests a condition that would require on Lot 1A that there be a condition for parking places that existed prior to demolition, that the parking spaces be replaced. McNab indicated the condition will preserve the status quo and will not affect the Launch site. It wouldn't change anything. Preserve the spaces that were there prior to development being proposed. Condition reads: "Any Major Exterior Alteration or other redevelopment of Lot 1A shall include, at a minimum, 95 spaces in addition to the requirements for the altered or redeveloped structure on that lot, so as to conform to the original permits and approval for the Lift House and the Lionshead Arcade buildings for which the parking existing as of June 1, 2018 on Lot 1A was intended to serve." McNab stated there are actually 91 spaces after speaking with Braun. The condition can change to 91 spaces rather than 95 spaces. This recognizes the demo for permit was granted without condition and adding the condition to the new plat will ensure preserving the status quo at time of development. It will not affect the Launch side, because parking is being taken care of. Condition would have the effect of preserving the spaces that were there prior to the development being proposed. Lockman — What was the total allocation of spots across 2A and 1A both top and bottom of the parking structure? Gillette — How did we get to 46 spaces? Braun stated Launch will provide there parking numbers as required and Lazier will provide their parking numbers. The 46 number is the number Launch has committed the residential users on their portion of the property. Gillette — How are we going to get to what we are replacing vs adding? Kurt Rhoden — There were 52 spaces before demolition. We need to replace those 52 spaces. There are also an additional minimum of 71 spaces needed for the development. The 46 is totaled by adding what Vail 21 and Elevation community would need. Perez — Clarified there will be 71 spaces on the eastern side 1/3 and 91 or 95 on the western 2/3. Braun stated 91 spaces existed before demo on Lazier's side of the development. Braun clarified demo occurred prior to the applications coming before the PEC. Braun explained the following in terms of history: June 1 (before demo) — there were 52 spaces at Launch and Lazier had 91. 143 spaces total. Launch is replacing their 52 and providing 17 more for EHUs and condominiums Lazier will replace 91 spaces and provide parking for his 23 units — 30 some - odd spaces. • 143 total spaces before deck was removed Perez asked who was the applicant for the demolition of the garage. Stockmar asked if there was a condemnation of the parking structure. Braun responded the parking structure was not condemned. Battle Mountain LLC was the applicant for demo permit. Battle Mountain LLC is part of Launch. Gillette suggested a change to the condition. Stockmar asked if the PEC needed to include the Gillette suggested change to the condition. Neubecker confirm the language is already highlighted in the Vail Town Code. McNab — The problem is there so no assurance that the project will happen any time soon, whether that be this year, next year, etc. Lazier — Stated that he is concerned of the terminology of the condition since he does not trust the motivation of the Lift House. He stated he hopes to present his proposed project in 30-45 days. He prefers the condition to be in the PEC's language, not Lift House's. He stated there are no traffic flow issues, without many cars coming in and out on a daily basis. The 91 spaces will be part of their proposal. Jamie Crosby, Vail 21 resident— Owns parking lots and apartment buildings. Concerns were the elevator maintenance and getting fixed. Mentioned lack of staging with cars and getting garbage trucks through the site. David Moe — Manager for Vantage Point Condominiums. Stated there was a horizontal crack that went the entire distance of the property. Vantage Point's concern is for their foundation and is seeking assurance that their property will not be affected by construction and building 3 floors underground. The structure was collapsing because it was moving to the south, especially being built 8' from the Vantage Point. Additionally, the proposed sidewalk along the north property line of Launch is a hazard. They believe the sidewalk is a danger due to the cliff of Vantage Point's roof. The area between the two properties is deadly, due to Vantage Point being 6 stories and the proposed building being 7 stories. Neubecker — This will be examined during the DRB review process. Moe — Never had snow falling on cars or people, but he has noticed tons of snow falling between the two buildings. The sidewalk is the main concern. Moe asked for a core sample of the soil 10' deep. Lazier responded well, but Launch did not respond as well Commissioner Comment - Lockman — Largest concern is that parking that was there, stays there. In the Lionshead planning documents, is there a number mentioned in the master planning document for parking? Neubecker —A number is not indicated on the master planning documents. Braun — The master plan specifically states parking must be replaced. He believes the parking condition is not required. Stated a condition is not required since this is an active application. Gillette— Indicated due to high construction costs, the building may not be built any time soon. The condition will verify it is not lost and the condition should be added to the plat and fee -in -lieu applications. Braun — Wanted to clarify conversations with Vantage Point. Braun stated the applicant will reconvene with Vantage Point once a construction team is selected. Stockmar — Clarified the PEC was in commissioner comment on PEC18-0018 and PEC18-0016. Commissioner Comment for all related applications - Gillette —Adding the condition to PEC 18-0019 and PEC 18-0017 makes sense to clarify what parking spaces are being talked about. Kurz —Aggress with Gillette's idea that all applications are appropriate. Kurz will support conditions if supported by Staff. Comfortable with the applications. Concerns have been thought about and addressed. Perez —Agrees with other commissioners and appreciates the background provided. Thanked applicant for addressing concerns made by the PEC. In favor of Gillette's proposed conditions. Hopkins —Agrees with adding parking condition. Also added for DRB to review the roof snowfall hazard to be looked at during DRB review. Lockman — PEC18-0016 applicant listened to the PEC and applicant did a good job describing the automated parking system. More comfortable with setback now. There is less parking now than there was J une 1, 2018. Prefers not to create additional regulations on different applications down the road and the condition should be placed only on PEC18-0017. Stockmar — This is PEC's third meeting on the issues and thanked the applicants. Based on all of the analysis, he is in favor of the development. Vail is a small town with big city problems. The site is challenging because of its size and surrounding buildings. He is comfortable in relying on the Building Department to review plans to address any safety concerns and eliminate structural issues. Comfortable with all four items and is not convinced Gillette's condition is necessary. Brian Gillette moved to approve with conditions. John -Ryan Lockman seconded the motion and it passed (6-0). Absent: (1) Kjesbo 2.4. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor 15 min. Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property lines between two (2) development lots located at 500 & 534 East Lionshead Circle/Lots 1,2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0017) Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence 1. Any major exterior alteration or other redevelopment of Lot 1A or Lot 2A shall include, at a minimum, 91 parking spaces for Lot 1A and 52 parking spaces for Lot 2A in addition to the requirements for the altered or redeveloped structures on said lots. Brian Gillette moved to approve with conditions. John -Ryan Lockman seconded the motion and it passed (6-0). Absent: (1) Kjesbo 2.5. A request for a recommendation to the Vail Town Council for a prescribed 15 min. regulations amendment to Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, and setting forth details in regard thereto. (PEC18-0019) Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence 1. Any major exterior alteration or other redevelopment of Lot 1A or Lot 2A shall include, at a minimum, 91 parking spaces for Lot 1A and 52 parking spaces for Lot 2A in addition to the requirements for the altered or redeveloped structures on said lots. Brian Gillette moved to approve with conditions. Ludwig Kurz seconded the motion and it passed (6-0). Absent: (1) Kjesbo 2.6. A request for the review a variance from Section 12-7H-10, Setbacks, Vail 0 min. Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0018) Please see item PEC 18-0016 for the staff memorandum concerning this request. Applicant$attle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. Brian Gillette moved to approve with conditions. Ludwig Kurz seconded the motion and it passed (6-0). Absent: (1) Kjesbo 3. Approval of Minutes 3.1. June 25, 2018 PEC Results Stockmar stated Planner Lightfield's name is misspelled three times. Ludwig Kurz moved to approve. Karen Perez seconded the motion and it passed (5-0). Abstain: (1) Lockman Absent: (1) Kjesbo 4. Adjournment Stockmar noted the final selection and interviews are taking place next week for the Director of Community position. He stated there is very little interactions between PECs around the state and country. Neubecker stated issues and challenges should be brought up first, then locations can be selected based on what communities have done before in the past. Gillette mentioned the PEC should generate a list of what the Town of Vail PEC has done well and poorly. Stockmar stated when the PEC's agenda lightens up is the ideal time to visit other areas. Exposing the PEC to other experiences is beneficial. Neubecker stated a retreat would be an ideal time to have a discussion. Gillette mentioned ski storage was a good example of learning through the PEC by talking with merchants and owners. The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: July 9, 2018 ITEM/TOPIC: A request for the review of variance from Section 12-6C-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deviation from the sixty percent (60%) landscaping requirement, located at 5128 Grouse Lane/Lot 8, Block 1, Gore Creek Subdivision, and setting forth details in regard thereto. (PEC18-0026) ATTACHMENTS: File Name PEC18-0026 Staff Memo 070918.pdf A. Vicinity Map.pdf B. Project Narrative.pdf C. Plan Set.pdf D. Final Plat Gore Creek Subdivision Block 1 Lot 08.pdf E. Driveway Easement.pdf F. Gore Creek Subdivision.pdf G. Site Photos.pdf Description Staff Memo - PEC18-0026 A. Vicinity Map B. Project Narrative C. Plan Set D. Final Plat Gore Creek Subdivision Block 1 Lot 08 E. Driveway Easement F. Gore Creek Subdivision G. Site Photos TOWN OF Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 9, 2018 SUBJECT: A request for the review of variance from Section 12-6C-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deviation from the sixty percent (60%) landscaping requirement, located at 5128 Grouse Lane/Lot 8, Block 1, Gore Creek Subdivision, and setting forth details in regard thereto. (PEC18-0026) Applicants: Stanley & Karen Jeranko, represented by Martin Manley Architects Planner: Justin Lightfield SUMMARY The applicants, Stanley and Karen Jeranko, represented by Martin Manley Architects, are requesting the review of variance from Section 12-6C-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deviation from the sixty percent (60%) landscaping requirement, located at 5128 Grouse Lane. 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 approval with one condition, of this application, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants, Stanley and Karen Jeranko, represented by Martin Manley Architects, are requesting a variance from Section 12-6C-10, Landscaping and Site Development, Vail Town Code to allow for the construction of a new two-family residence. Section 12- 6C-10 states: At least sixty percent (60%) of each site shall be landscaped. The minimum of any area qualifying as landscaping shall be ten feet (10) (width and length) with a minimum area not less than three hundred (300) square feet. The requested variance would be a deviation of approximately 388 sq. ft. from the minimum landscape requirement of 10,153 sq. ft. The variance request is primarily a result of an existing Eagle River Water and Sanitation District access and utility road within the applicants' lot. The access road totals 2,500 sq. ft. on the subject site and is located to the east of the proposed two-family residence. The easement is 25 feet in width and accommodates a 20 -foot wide hard surface road which serves as access to the adjacent properties (Lot 3, Lot 4 and Lot 5, Lot 7, and Lot 8B) and Eagle River Water and Sanitation District water facility. The existing access road totals 2,500 sq. ft. or 15% of the site area, thereby reducing the amount of land available for landscaping. The subject site is currently split with Parcel A (0.1748 acres) to the south and Parcel B (0.2127 acres) to the north. Within Parcel B, the average width of the access road is 20 feet and totals an area of 1,500 sq. ft. Since there is no access to residential units south of Parcel B, the road narrows to an average of 10 feet in width and totals an area of approximately 1,000 sq. ft. within Parcel A of the subject site. For zoning purposes, the entire development lot is used to determine minimum lot area, site coverage, GRFA and landscaping requirements. A vicinity map (Attachment A), applicants' project narrative (Attachment B), plan set (Attachment C), Final Plat, A Resubdivision of Lot 8, Block 1, Gore Creek Subdivision (Attachment D), Access and Utility Easement (Attachment E), Gore Creek Subdivision (Attachment F), and site photos (Attachment G) are attached for review. III. BACKGROUND Based on staff's research, the specific boundaries of a 20 foot roadway easement were established with the recording of Gore Creek Subdivision on October 16, 1969 (Reception No. 111711). The access road begins between Lots 4 and 5 and ends at the Eagle River Water and Sanitation District water facility. A note indicates a 20 foot roadway easement on the west side of high-water line of the creek. On December 17, 1974 the subject property was annexed into the Town of Vail, via Ordinance No. 31, Series of 1974. This annexation included the eastern portion of the Bighorn area. A two-family dwelling was constructed on the subject property in 1979. On June 28, 1999, the Planning and Environmental Commission reviewed two (2) variance requests for 5166 Black Gore Drive/Lot 4, Block 1, located to the northeast of the subject property. The two (2) variance requests included a request for a minor subdivision to consolidate two existing lots (Lot 4 and 5) in East Vail through the vacation of a contiguous property line and a request for a variance from the required right-of-way widths for feeder roads (access 4 or more units) of 40 feet. At the time, adjacent properties, including Eagle River Water and Sanitation District, were accessed via a gravel road located just west of Gore Creek on Lot 5. The applicant requested a variance from the Code in order to establish an access easement width of 25 feet. Town of Vail Page 2 The purpose of the access easement was to relocate an old access road along the eastern lot line of the existing Lot 4. The road was granted a temporary easement for its construction in 1980, but had no recorded easement. On June 28, 1999, the Planning and Environmental Commission voted 7-0 to approve the two (2) variance requests for a minor subdivision to vacate a common lot line creating a new lot, and a variance to allow for the establishment of an access easement less than 40' in width. On September 30, 1999, the access and utility easement was recorded by Eagle River Water & Sanitation District (ERWSD), Lot 3 Owner, Lot 4 and Lot 5 Owner, Lot 7 Owner, and Lot 8B Owner (collectively, the Lot Owners). Currently, the asphalt access road, shown in Attachment E, travels through four (4) separate properties, which takes its access off of Black Gore Drive between Lot 3 and Lot 4, then crosses Lot 7, and ends at Lot 8B (the northern half of Lot 8). The easement is 25 feet in width and accommodates a 20 -foot wide hard surface road which serves as access to the Eagle River Water and Sanitation District water facility. The road has been designed to accommodate vehicular requirements (large trucks) of the Eagle River Water and Sanitation District. The applicants Stanley & Karen Jeranko, represented by Martin Manley Architects, are proposing to construct a new two-family residence at 5128 Grouse Lane. The applicants' proposal for a new two-family residence meets the requirements of the Town Code with the exception of the landscaping requirements of Section 12-6C-10, Landscaping and Site Development. It is important to note the applicant spoke with Eagle River Water & Sanitation District about the potential of access reclamation to reduce the pavement on the western and eastern edges of the access road, which would help the applicant meet their landscaping requirements. Eagle River Water & Sanitation District stated they are opposed to the reduction of asphalt due to needing all of the existing 25' width for semi - trucks that make deliveries to the water facility and for snow plowing and snow storage needs. The applicant believes that the existing access road restricts their ability to fully comply with the landscaping requirements of the Two -Family Residential Zone District. The application was conceptually reviewed Design Review Board at their June 6, 2018 meeting and the final design review is scheduled for July 18, 2018. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Title 12 — Zoning Regulations, Vail Town Code Chapter 2, Definitions (in part) Town of Vail Page 3 12-2-2: DEFINITIONS OF WORDS AND TERMS - LANDSCAPING - ERMS: LANDSCAPING: Natural or significant rock outcroppings, native vegetation, planted areas and plant materials, including trees, shrubs, lawns, flowerbeds and ground cover, shall be deemed landscaping together with the core development such as walks, decks, patios, terraces, water features, and like features not occupying more than twenty percent (20%) of the landscaped area. Chapter 6, Article C, Two -Family Residential (R) District (in part) 12-6C-1: PURPOSE: The two-family residential district is intended to provide sites for low density single- family or two-family residential uses, together with such public facilities as may be appropriately located in the same zone district. The two-family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-6C-10: LANDSCAPING AND SITE DEVELOPMENT At least sixty percent (60%) of each site shall be landscaped. The minimum of any area qualifying as landscaping shall be ten feet (10) (width and length) with a minimum area not less than three hundred (300) square feet. Chapter 12-17, Variances (in part) 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity, or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading Town of Vail Page 4 requirements, or with respect to the provisions of chapter 11 of this title, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, "Conditional Use Permits", and by section 12-3-7, `Amendment, of this title. 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or Town of Vail Page 5 unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not generally apply to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. V. ZONING AND SITE ANALYSIS Address: 5128 Grouse Lane Legal Description: Gore Creek Subdivision, Block 1, Lot 8 Existing Zoning: Two -Family Residential Existing Land Use Designation: Low Density Residential Mapped Geological Hazards: 100 Year Floodplain Development Allowed / Existing Proposed Change Standard Required Site Area 15,000 SF of 16,923.06 SF Total of Site Area No Change Buildable Area Front — 20' Front (West): 4'-3" Front (West): 21'-6" Front (West): +17'-3" Setbacks Sides — 15' Side (South): 7'-3" Side (South): 15'-6" Side (South): +8'-3" Rear — 15' Side (North): 12' Side (North): 16' Side (North): +4' Rear (East): 63'-6" Rear (East): 46'-6" Rear (East): -17' Flat Roof — 30' Building Height Sloping Roof — 30'-0" (Flat Roof) 32'-10" (Sloping Roof) +2'-10" 33' Density (DUs) Max. 2 2 2 No Change Density (GRFA) 6,750 SF 3,102 SF 6,634 SF +3,532 SF Site Coverage Max. 20% (3,384.6 SF) 1,736 SF 3,382 SF +1,646 SF Landscaping Min. 60% 74% 58% (-16%) (10,153.8 SF) (12,477 SF) (9,765 SF) Parking & 6 parking 4 7 +3 Loading spaces VI. SURROUNDING LAND USES AND ZONING Existing Land Use: Zoning District: North: Low Density Residential Two -Family Residential (R) South: Low Density Residential Two -Family Residential (R) East: Low Density Residential Natural Area Preservation (NAP) West: Low Density Residential Two -Family Residential (R) Town of Vail Page 6 VII. REVIEW CRITERIA The review criteria for a variance request are prescribed in Title 12, Chapter 17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The applicants' are proposing a landscape variance to allow for the construction of a new two-family residence. Due to the location of the existing access easement, staff believes the landscaping variance request allows this development to be compatible with and comparable to the surrounding development in the area. The requested landscape variance will have minimal to no impact on other existing or potential uses and structures in the vicinity of the subject site. Staff finds the proposed variance meets this criterion. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. A similar landscape variance was granted by the Planning and Environmental Commission on April 23, 2001 at 383 Beaver Dam Road, where a Town of Vail road crossed onto private property. The total area of encroachment was 2,861 sq. ft. or 18% of the site area. A landscape variance was granted for 944 sq. ft. The Planning and Environmental Commission stated that they could support the variance because without the road running across the property, the proposed residence would not have needed a landscape area variance. The situation in this case is similar — there would be no need for a variance if the Eagle River Water and Sanitation District access road did not cross through Lot 8. The Code requires at least 60% of each site shall be landscaped, and the variance proposal is 58% landscaping. Staff believes that it is necessary to receive relief from the landscaping regulation to achieve compatibility and uniformity of treatment of the applicants' lot and to attain the objectives of the Code. Staff does not believe that the granting of the requested landscaping variance will be a grant of special privilege, as similar variances were granted in the past by the Planning and Environmental Commission. Staff finds the proposed variance meets this criterion. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Town of Vail Page 7 The proposed variance will not result in a negative impact on light and air; will not alter the distribution of population; will not affect any existing transportation or traffic facilities, public facilities, or utilities; and will not affect public safety in comparison to existing conditions. Staff finds the proposed variance meets this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Staff finds the proposed variance meets this criterion. 5. Such other factors and criteria as the commission deems applicable to the proposed variance. VIII. STAFF RECOMMENDATION 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 and Environmental Commission approve, with one condition, variance from Section 12-6C-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deviation of 388 sq. ft. from the sixty percent (60%) landscaping requirement, located at 5128 Grouse Lane/Lot 8, Block 1, Gore Creek Subdivision, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve, with one condition, this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicants' request for variance from Section 12-6C-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deviation of 388 sq. ft. from the sixty percent (60%) landscaping requirement, located at 5128 Grouse Lane/Lot 8, Block 1, Gore Creek Subdivision, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve, with one condition, this variance request, the Community Development Department recommends the Commission applies the following condition: 'Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal." Town of Vail Page 8 Should the Planning and Environmental Commission choose to approve, with one condition, this variance, the Community Development Department recommends the Commission make the following findings: Based upon the review of the criteria outlined in Section Vll of the staff memorandum to the Planning and Environmental Commission dated July 9, 2018, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two -Family Residential (R) District; 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and 3. This variance is warranted for the following reasons.- a. easons: a. The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code,- b. ode, b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variances that do not apply generally to other properties in the Two -Family Residential (R) District; and c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicants of privileges enjoyed by the owners of other properties in the Two -Family Residential (R) District." IX. ATTACHMENTS A. Vicinity Map B. Project Narrative, dated May 29, 2018 C. Plan Set, dated May 28, 2018 D. Final Plat, A Resubdivision of Lot 8, Block 1, Gore Creek Subdivision, dated October 23, 1991 E. Eagle River Water & Sanitation District Access and Utility Easement, dated September 30, 1999 F. Gore Creek Subdivision, recorded on October 16, 1969, with the Reception No. 111711 G. Site Photos Town of Vail Page 9 M A R T I N M A N L E Y ARCHITECTS To: Town of Vail Planning and Zoning Commission Planner: Justin Lightfield ilightfieldCawailgov.com 970-479-2440 From: John G. Martin, Architect, LLC Agent of Martin Manley Architects Email: john@martin man leyarchitects.com Phone: 970-328-0592 Date: May 29, 2018 Re: 5128 Grouse Lane — A & B - New Duplex Residential Project Subj: Variance Request Address: 5128 Grouse Lane (Gore Creek Subdivision, Block 1, Lot 8) Parcels A & B Zone District: (R) Two Family Residential Site Area (assume abandonment of 2 parcels) .3885 acres x 43,560 sq. ft. = 16,923 sq. ft. A. Owner: Stan Jeranko First Chair Properties LLC 11367 Ranch Reserve Pkwy Denver, CO 80234-2529 Email: pwdrhndaaol.com Phone: (303) 929-2679 Owner Representative: John G. Martin, Architect Martin Manley Architects PO Box 4701 Eagle, CO 81631 Email: john@martinmanleyarchitects.com Phone: 970-328-0592 B. Project Description: The owner envisions a complete demolition of the existing duplex and the abandonment of the two lot -split parcels to make way for the creation of a new mountain -modern duplex. C. Description of the variance requested: The property owner (both halved of duplex) is respectfully requesting a variance from the strict interpretation of the Landscape and Site Development zoning regulation due to a specific physical hardship involving a historical existing access road which crosses the entirety of the property. The owner requests to have the access road that crosses Parcel A (East Parcel), with an area of 1.000 sq. ft. paved asphalt, be exempt from the Landscape and Site Development regulation. The regulation involved: 12-6C-10: LANDSCAPE AND SITE DEVELOPMENT (under the Two Family Residential Zone District). At least sixty percent (60%) of each site shall be landscaped. The minimum of any area qualifying as landscaping shall be ten feet (10') (width and length) with a minimum area not less than three hundred (300) square feet. (Ord. 19(1976) § 4: Ord. 8(1973) § 3.509) Additional Definition of Landscaping: LANDSCAPING: Natural or significant rock outcroppings, native vegetation, planted areas and plant materials, including trees, shrubs, lawns, flowerbeds and ground cover, shall be deemed landscaping together with the core development such as walks, decks, patios, terraces, water features, and like features not occupying more than twenty percent (20%) of the landscaped area. 1F P97 0.329.51 51 inf oQmartinma rdeyar,_h itects.cam R.O, $px 1587 Eagle, Colorado 81631 Physical Hardship: There is an existing access road within an easement for the Eagle River Water & Sanitation District (ERW&SD) which has historically crossed the entirety of this property without interfacing with the existing residential duplex, and follows the banks of the Gore Creek. This access road is paved with asphalt, therefore counting against the Landscape Area regulation. The access road currently crosses both Parcels A & B. It enters the site on Parcel B (West Parcel) and exits on Parcel A (East Parcel). Parcel B (West Parcel) Access Road specifications: Width = 20 ft average. Area = 1,500 sq. ft. asphalt Runs within a written/signed easement agreement between the ERW&SD and three neighbors. Parcel A (East Parcel) Access Road specifications: Width = 10 ft average. Area = 1,000 sq. ft. asphalt Runs within a historical but unwritten/unsigned access easement. Although the owner of the proposed duplex project would prefer to abandon the access road on the entirely of Parcel A, but acknowledging that the access road is critical to the workings of ERW&SD, the owner is requesting to have the access road that crosses Parcel A (East Parcel), with an area of 1.000 sq. ft. paved asphalt, be exempt from the Landscape and Site Development regulation. Argument for considering the variance: The owner is burdened with the 1,000 sq. ft. of existing access road on parcel A which will not be used to access the proposed duplex, remains an eyesore and a barrier to the Gore Creek bank, and counts negatively towards the 60% Landscape regulation. With the proposed duplex meeting all the other zoning limitations of Density, GRFA, Site Coverage, Parking, and Height, and having driveways to the garages which meet minimum sizes for auto manuverabiltty and guest parking, it can be reasoned that the access road pavement on Parcel A is an excessive area of impermeable pavement counting against the 60% Landscape regulation creating a physical hardship to meeting that regulation. A variance which exempts the 1,000 sq. ft. asphalt of Parcel A access road would give the owner the right to develop the property to the same zoning limitations as all other sites in this zoning district and within this area of East Vail neighborhood. Further arguments: It can be demonstrated that a duplex meeting the Site Coverage definition of 20% Site Area, and having driveways which are minimal in nature, will never be able to meet the 60% Landscape Area regulation no matter what the design or layout, because the access road pavement simply overwhelms the landscape area calculations every time. And if the Landscape and Site Development regulation areas cannot be met because a variance is not granted, then the owner/developer is at an unfair disadvantage from neighboring and like -zoned properties which do not have the physical hardship of extra asphalt on their properties. It creates an unfair development situation. D. Site Plans: See Architectural Site Plans, Topo Survey, and attached exhibits. E. Additional Material: See the access easement agreement between Lot 3, Lot 4, Lot 5, Lot 7, Lot 8B, and ERW&SD dated September 30, 1999. 970.328.5151 inlo�martinma rJeyarch itects.cam R.O. $ax 1587 Eagle, Colorado 81631 F. List of Adjacent Property Owners: 5134 Grouse Lane (Gore Creek Subdivision Block 1, Lot 9) Parcel Number 2099-182-12-008 Mark J. Harmon Trust, c/o Paul Heiman 4376 Cox Smith RD Mason, OH 45040-9050 5201 Black Gore Drive (Vail Meadows Filing 2, Lot 8) Parcel Number 2099-182-16-010 Town of Vail 75 Frontage Road W Vail, CO 81657-5043 5166 Black Gore DR (Gore Creek Subdivision Block 1, Lot 4S Parcel Number 2099-182-12-013 Blackgore LLC 411 W 46th TER 1003 Kansas City, MO 64112-1437 5166 Black Gore DR (Gore Creek Subdivision Block 1, Lot 4N Parcel Number 2099-182-12-012 5166A Black Gore LLC 2 Chittenden Lane Owings Mills, MD 21117-4105 5146 Black Gore DR (Gore Creek Subdivision Block 1, Lot 3 Christopher Mont PO Box 3802 Vail, CO 81658-3802 5124 Grouse Lane (Gore Creek Subdivsion Bloock 1, Lot 7 John & Carol Kuchar 202 Cowan Creek Drive Georgetown, TX 78633-4969 910.328.5151 in}o�martinma R.p, $ax 1567 nleyarch itects.com Eagle, Colorado 81631 3IS Viewer 970.329.5151 117maninmardoyarchitects.com PO Box 1587 Eagle, Colorado 81631 i ACCESS AND UTILITY EASEMENT TO LOT 8 PARCEL B ONLY. (SHOWN HATCHED) EFFECTIVE SEPTEMBER 30, 1999. / BETWEEN EAGLE RIVER WATER AND I I SANITATION DISTRICT AND THE OWNERS OF LOT 3, LOT 4 & 5, LOT 7, LOT 8B EXISTING ACCESS ROAD FOR ERW&SD / AREA WITHIN PARCEL B = 1,500 S.F. 00 / /LOT Q I THIS PORTION OF LOT - /LOT 8 [� I SPLIT LINE PARCEL U I DECESS E G THE ACCESS EASEMENT — — --\I AREA TO REMAIN. PROPOSED = E —BUILDING LOT LINE / -OUTLINE �TO BE VACATED EXISTING ACCESS ROAD FOR ERW&SD AREA WITHIN PARCEL A EXISTING HOUSE �� -1 OOOS.F. TO BE � � ��"%�" COMPLETELY =, LOT Q V -/ DEMOLISHED / �I PARCEL A/ Of EXISTING CONCRETE DRIVEWAY TO BE REMOVED, REGRADED, w m, v o m P AND RE -BUILT IN SAME LOCATION. GRAPHIC SALE n Site Plan - DEMO Copy 1 U 1 "= 30'-0" MARTIN M A N L E Y GROUSE DUPLEX 5-28-18 970328.5151 5128 Grouse Lane V1 Vail, CO 81657 TOTAL SITE AREA = 16,923 S.F. LANDSCAPE AREA MIN. (60%) = 10,153 S.F. LANDSCAPE AREA = 9,765 S.F. (SHOWN SOLID GREEN HATCH) WITH VARIANCE TO REMOVE ACCESS ROAD IN PARCEL A FROM COUNT = 10,765 S.F. WALKS & PATIOS AREAS = 900 S.F. (9%) (NOT TO EXCEED 20% OF LANDSCAPE AREA) N 89' 04 35 IE - 22 DD' n Site Plan TRUE NORTH Copy 1 1 „ = 30'-011 —1 VARIANCE REQUEST TO REMOVE EXISTING ACCESS ROAD FOR ERW&SD AREA WITHIN PARCEL A FROM LANDSCAPE AREA CALCULATIONS = 1,000 S.F. MA RT I IY MAN L EY GROUSE DUPLEX 5-28-18 970 328.5151 5128 Grouse Lane V2 Vail, CO 81657 LOT 4 N B9Y74'35"�E —2200' 1 1 + 1 tr J AW \�I I LOT 7 I ul n t NNN EnsEwEl+r � � V nFvrmw[es eo• vnmm�c tr W 1 1 l . / � awr sEre.ae V I I ' I � ••1 lw Lij miaxtts w _ .wrow j 1 NOp, VE- wcI h GiJMNE d 9uP[[x i XCN !'ArF r , .=33'3B'Q2" zs r r L=za.ar - �IPARCEL 8 Oha—N29'25 20"W ChLx28,Q4 5 � W'.W siva - � e� N ts•5s'op'�E "1_ % � - I � � (` _ _ -. �,, ', I I _ 1 0 M aaN W g,ny PARCFI A 11 I } I oPrMI. are s+m cNcusE i,� - . err -�23'26'2B" ' _ -.•- - ewe=�— - — ; ` � � . � � � 1 ChL—Mar .n �n crnunun r r , l IEEIEv .`lBGi.56•} A ^1�Rfri Y. `. I �E1 GROUSE LAME zg 951. w 3r.s (50' R -0,W.) I r LOT s Fa uN��e 1 u� x'IE PIER Mw1X[a.E EIEu - &9ee.'n' [PI3 5 OF eFianp[$1 f TOPOGRAPHIC SURVEY M A R T I N M A N L E Y GROUSE DUPLEX 5-28-18 970 328.5151 5128 Grouse Lane V3 Vail, CO 81657 EAGLE COUNTY GIS MAP GROUSE DUPLEX 5-28-18 MARTIN MANLEY 970.328.5151 5128 Grouse Lane V4 Vail, CO 81657 nuy�awew�wew M,�w, M31�3?J N�JIS30 gee gem ainPa cess me oa LSM OO iIM -AAO ISIS --E:) gZ LS oNuajep X ';'X =.N llilVW "��^a^^ pafo�d II `JII^0"jJ O 0 Q X, J LJJ O J U n J D/ /W/ LLJ J Z V g D ou) ryD �o c� 00 N LO / � a _ 2a S }� F z �aJ 0 o U 9w O U > 4 F W Q m wSgNgggao__ lo s° 8 �s a s O 0 Q X, J LJJ O J U n J D/ /W/ LLJ J Z V g D ou) ryD �o c� 00 N LO P, 9 - z a Z '�o..m......Z U z o3S4.�<w.o a ow§�"wa «4moa a„..a�W�wW�6w om.o:aoaa�sa / � a _ 2a S }� F z 0 o U 9w O U > 4 F W Q m 8 �s a s o0 U - `g6 a P, 9 - z a Z '�o..m......Z U z o3S4.�<w.o a ow§�"wa «4moa a„..a�W�wW�6w om.o:aoaa�sa / � a S }� F z 0 o U 9w O U > 4 F W Q m 8 �s a s o0 `g6 a E bb 99 9q P, 9 - z a Z '�o..m......Z U z o3S4.�<w.o a ow§�"wa «4moa a„..a�W�wW�6w om.o:aoaa�sa a V � CJS O n T w o§< x F=§o==a=oa ww= _§a m ��g a=W M1�43 G33eJ 3=3 0 �o¢ so. - --PHU N $ H_� "_� V9z Yw¢ �ow��oo4Eo��oo W--3asoPs�Sias� / � a 7 }� F z 0 o U 9w O U > Q N F W Q a V � CJS O n T w o§< x F=§o==a=oa ww= _§a m ��g a=W M1�43 G33eJ 3=3 0 �o¢ so. - --PHU N $ H_� "_� V9z Yw¢ �ow��oo4Eo��oo W--3asoPs�Sias� �-AAO 1919K-6 �°' /LV A.,.JQ �.-w _ S 3 -N\]]d §\� \ §aj S ��zz--------- _ /\ \\ 8 : © \\ \� ��---- /} \j// 2} ! 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S ! \7&\®!« � � *:}f) (( �§§§/)! ±;w\ (\\\(/( 8 : © \� . � � 4 . � � nuy�aawewawew M,�w, M31�3?J N01S30 �ee�em ainPa cess me oa LSM 00'11-A -AAO 1919-- .—,C) gZLS oNuajep A3lNV W1�N 1121tlW "��I la^^0�^ y�afosd x nci3sn J H- s' 5 0 �a MT0 Fe o m m _._� � 99 �c 7 -.j S m � EIN N a Q 9fif y $$ s 00i' 1q fa H- s' 5 0 �a LU '' T�111--- Asa. co ow/ sao� OC- - v , %,Z w�eo v-_ w/ HO— 3 3 o� oa e k Ifl� �ew M :st � a$ $$s $$6 �a�aa �€��asa#i�Laxs�:g��Rsa'. e i Mull &4WN IN &� L eNao d a. munuilii1111nliiuililiiiuuilidiiullnlofil`i �� jt nuy�awew�wew M,�w, M31�3?J N�JIS30 �ee�em ainPa cess me oa LSM 00 iIM -AAO ISIS --E:) gZ LS oNuajep X ';'X 1XN IliIVW "��^a^^ pafo�d II `JII^0"iJ 3 3 3 3 3 m n n n n n 9 g o 9 g o � I � w o ---------_--_--_ --� I ------------- __ - — I — --awe — —�—� 1�------- R seas w � � g —� � •t: � dem -- m � 8� 1— / 3 3 3 3 3 m n n n n n 9 g o 9 g o � \ U o 1 m E �Y \k I / m 411 5 W2 e 30 ACCESS AND UTILITY EASEMENT This Access Easement is made effective as of the 1_1 A day of September, 1999, by and among Eagle River Water & Sanitation District ("ERWS"), Richard W. Dilling and Iris D. Dilling ("Lot 3 Owner"), NovaStar Mortgage, Inc. ("Lot 7 Owner"), Walter Huttner and Barbara Huttner ("Lot 8B Owner"), and Robert D. Hunter as to an undivided 40% interest, Robert A. Rymer Trust as to an undivided 33% interest, A & G Development Partners, a Colorado general partnership as to an undivided 20% interest and Mark J. Amsden as to an undivided 7% interest (the "Lots 4 and 5 Owner"). I. Recitals. Lot 3 Owner, Lots 4 and 5 Owner, Lot 7 Owner and Lot 8B Owner, (collectively, the "Lot Owners"), are seised of an estate in fee simple of those parcels of land located in Block 1, Gore Creek Subdivision according to the plat thereof, County of Eagle, State of Colorado, as set forth on Exhibit A attached hereto and incorporated herein by reference (the "Properties"). The Lot Owners desire to create a twenty-five (25) foot wide access and utility easement across their respective Properties as depicted on Exhibit B attached hereto (the "Easement Tract") for the benefit of one another and ERWS, all in accordance with the terms and conditions set forth in this Easement. 2. Grant of Access and Utility Easement. Now therefore, in consideration of the above stated recitals which are incorporated herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each of the Lot Owners does hereby GRANT, BARGAIN, SELL AND CONVEY to each of the other Lot Owners and ERWS, their lessees, licensees, successors and assigns, and all employees, customers, guests and invitees of same and in common with all others having like right, a permanent, perpetual, and non-exclusive access easement for purposes of passing and repassing along and over the Easement Tract from and onto the Properties or any part thereof and installing a water line and other utilities under such Easement Tract. The easement granted in this paragraph shall: (i) he permanent, perpetual and non- exclusive; (ii) be for the benefit of the Properties or any part thereof, for all purposes connected with going to and from the public roads and rights-of-way to and from the Properties; (iii) be for the benefit of the Properties or any part thereof, for all purposes connected with the installation of a water line and other utilities to and for the Properties; (iv) shall serve to restrict each of the Lot Owner's respective right to erect, maintain, place or leave any obstruction, fence, wall or barricade or to take any other action, that would in any way obstruct or hinder the access granted hereby; (v) shall not restrict the use of any of the Lot Owners to use the Easement Tract in any manner not inconsistent with the covenants and conditions contained herein; and (vi) shall constitute a covenant running with the land in perpetuity and shall inure to the benefit of the Lot Owners and ERWS and their successors and assigns. The Easement Tract is not a public road dedicated to the use of the public, and its use shall be limited to those parties described herein, their transferees and respective invitees. 1111111111111111111 IIIII til 111111111111 III VIII IIII IIII 716062 12/01/1999 10:53A 173 Sara Fisher 1 of 38 R 100.00 0 0.00 N 0.00 Ea216 CO 3. Vacating Prior Easement, By execution hereof, each of the Lot Owners and ERWS hereby vacate and release any prior general easements of record or easements created by any other claim across the Properties for the benefit of the Lot Owners or ERWS. 4. Enforcement of Rights. In the event any party hereto fails to discharge its respective obligations hereunder, any other party hereto shall have the right to enforce this Easement by an action in law or in equity (including a suit for specific performance) without thereby waiving the right to also recover in an action for damages any such sums expended by such other party at its discretion in performing such obligations. In the event that any party hereto institutes a legal proceeding against the other party to enforce the obligations arising hereunder, it shall be entitled to recover and the court shall award reasonable attorney's fees (including those incurred on appeal or whether or not suit be filed) and costs if the court determines such party has prevailed in the legal or equitable proceeding. 5. Repair and Maintenance. The Easement Tract shall be repaired and maintained in accordance with the terms and conditions of the Repair and Maintenance Agreement among the parties of even date herewith, a copy of which is attached hereto as Exhibit C. 6. Covenants Running with the Land. All rights and obligations arising hereunder are covenants running with the land, binding upon and inuring to the benefit of the respective parties and their respective successors in title. 7. Governing Law and Venue. The laws of the State of Colorado shall govern this Agreement. Any legal action instituted hereunder shall be brought in Eagle County, Colorado. 8, Signature. Each party hereto represents and warrants that the person or persons signing this Easement on behalf of such party is duly authorized to do so. Each party is hereby estopped from asserting that it or any party signing below did not legally execute this Easement with all necessary or required authority. 9. No Partnership, None of the terms and provisions of this Easement shall be deemed or construed to create a partnership between or among the parties hereto in their respective businesses or otherwise, nor shall they cause the parties hereto to be considered joint ventures or members of any joint enterprise. Each party to this Easement shall be considered a separate entity and no party hereto shall have the right to act as agent for any other party hereto unless expressly authorized to do so by written instrument signed by the authorizing party. 10. Amendments. Except as otherwise specifically set forth herein, neither this Agreement nor any provision may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by all of the parties hereto and recorded in the Real Property Records of Eagle County, Colorado. I IIlIJI 111111111111111 Jill IIIIIIII 111 11111 JJII 1111 716062 12/01/1999 10:53A 173 Sara Fisher 2 2 of 38 R 190.00 0 0.00 N 0.00 Eagle Co 11. Counterparts. This easement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have read and executed this Easement effective as of the date first above written. Lot 3 Owner: Richard W. Dilling Iris D. Dilling Lots 4 and 5 Owner: Robert D. Hunter A & G DEVELOPMENT PARTNERS By: Gregory M. Amsden, President Lot 7 Owner: NOVASTAR MORTGAGE, INC. By:_ Name: Title: Mark J. Amsden ROBERT A, RYMER TRUST By: Robert A. Rymer, Trustee By: Marilyn Rymer, Trustee 1111111111111111111 VIII Ili 1111 1111111111111111 IIII IIII 716062 12/01/1999 10:53A 173 Sara Fisher 3 of 38 R 190.00 D 0.00 N 0.00 Eagle Co 3 joint ventures or members of any joint enterprise. Each party to this Easement shall be considered a separate entity and no party hereto shall have the right to act as agent for any other party hereto unless expressly authorized to do so by written instrument signed by the authorizing party. 11. Amendments. Except as otherwise specifically set forth herein, neither this Agreement nor any provision may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by all of the parties hereto and recorded in the Real Property Records of Eagle County, Colorado. 12. Counterparts. This easement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have read and executed this Easement effective as of the date first above written. Lot 3 Owner: XL" Richard W. Dilling XIrisD. Di �!�wwirrs Lots 4 and S Owner: 1111111111111111111 IIIII III IIII 11111111 III 11111 IN IISI 716062 12/01/1999 10:53A 173 Sara Fisher 4 of 38 R 190.00 D 0.00 N 0.00 Eagle CO Robert D. H nter Mark J. Amsden A G DE L ROBERT A. RYMER TRUST By: By: M. sden, President Robert A. Rymer, Trustee By: Marilyn Rymer, Trustee joint ventures or members of any joint enterprise. Each party to this Easement shall be considered a separate entity and no party hereto shall have the right to act as agent for any other party hereto unless expressly authorized to do so by written instrument signed by the authorizing party. 11. Amendments. Except as otherwise specifically set forth herein, neither this Agreement nor any provision may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by all of the parties hereto and recorded in the Real Property Records of Eagle County, Colorado. 12. Counterparts. This easement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have read and executed this Easement effective as of the date first above written. Lot 3 Owner: Richard W. Dilling Iris D. Dilling 716062 12/01/1999 10:S3A 173 Sara Fleher 9 of 38 R 190.00 D 0.00 N 0.00 Eagle CO Lots 4 and 5 Owner: kobert D. Hunter Mark J. Amsden A & G DEVELOPMENT PARTNERS ROBERT A. RYMER TRUST By: By: Gregory M. Amsden, President IN Robert A. Rymer, Trustee Marilyn Rymer, Trustee joint ventures or members of any joint enterprise, Each party to this Easement shall be considered a separate entity and no party hereto shall have the right to act as agent for any other party hereto unless expressly authorized to do so by written instrument signed by the authorizing party. IL Amendments. Except as otherwise specifically set forth herein, neither this Agreement nor any provision may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by all of the parties hereto and recorded in the Real Property Records of Eagle County, Colorado, 12. Counterparts. This easement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have read and executed this Easement effective as of the date first above written. Lot 3 Owner: Richard W. Dilling I I J I I I J ! IIIIII VIII IIIIIII III�I III ILII IIIIIIII EII VIII IIII IIII 716062 12/01/1999 10:53A 173 Sara Ftaher Iris D. Dilling 6 of 38 R 190.00 D 0.00 N 0.00 Eagle CO Lots 4 and 5 Owner: Robert D. Hunter A & G DEVELOPMENT PARTNERS By: Gregory M. Amsden, President d� Mar tjenA�J' ROBERT A. RYMER TRUST In Robert A. Rymer, Trustee Marilyn Rymer, Trustee joint ventures or members of any joint enterprise, Each party to this Easement shall be considered a separate entity and no party hereto shall have the right to act as agent for any other party hereto unless expressly authorized to do so by written instrument signed by the authorizing party. 11. Amendments. Except as otherwise specifically set forth herein, neither this Agreement nor any provision may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by all of the parties hereto and recorded in the Real Property Records of Eagle County, Colorado. 12. Counterparts. This easement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have read and executed this Easement effective as of the date first above written. Lot 3 Owner: Richard W. Dilling Iris D. Dilling Lots 4 and 5 Owner: Robert D. Hunter A & G DEVELOPMENT PARTNERS By: Gregory M. Amsden, President 11111111111111111111111111111111111111 III 1111111111111 716062 12/01/1999 10:53R 173 Sara Flaher 7 of 38 R 190.00 D 0.00 N 0.00 Eagle Co Mark J. Amsden ROBERT A. RYMER TRUST By: a�-�, A 4 Robert A. Rym , Tr stee Marilyn 4Tc Lot 8B Owner: Walter uttner arbara Huttner EAGLE RIVER WATER & SANITATION DISTRICT By: Name: e.,s Title:n,,—, :q§ t.-.-- 111111111111111111111111111 IN IIIillll III IIIA 11111111 716062 12/01/1999 10:53A 173 Sara Fisher 8 of 38 R 190.00 p 0.00 N 0.00 Eagle CO STATE OF COLORADO ) ) ss. COUNTY OF 1 The foregoing instrument was acknowledged before me this day of _, 1999, by Richard W. Dilling. Witness my hand and official seal My commission expires: Notary Public STATE OF COLORADO ) COUNTY OF ss. The foregoing instrument as acknowledged before me this day of 1999, by Richard W. Dilling. Witness my hand and official seal y'clo � sp expires: S MY Commission Expires 04/13/2002 �V8 ��, :'p = Notary ublic 9 0 = Wesftr Bank r0 108 SOO Frontage Road West %K CO 81657 STATE OF COLORADO ) ss. �C� C nCOUNTY OF foregoing instrument as acknowledged before me this day of , 1999, by Iris D. Dilling. Witness my hand and official seal n expires: MY Commission Expires 04/13/2002 STATE OF COLORADO ) } ss. COUNTY OF 1 Notary Public estStar Bank 108 South Frontage Road West Vali, CO 81657 The foregoing instrument as acknowledged before me this day of 1999, by Robert D. Hunter. Witness my hand and official seal. My commission expires Notary Public 111111111111111111111111111 IN 11111111 III 11111 IIII IIII 716062 12/01/1999 10:53A 173 Sara Fisher 9 of 38 R 190.00 D 0.00 N 0.00 Eagle CO STATE OF COLORADO } ) ss. COUNTY OF The foregoing instrument as acknowledged before me this day of 1999, by Richard W. Dilling. Witness my hand and official seal My commission expires: Notary Public STATE OF COLORADO ) ss. COUNTY OF The foregoing instrument as acknowledged before me this day of 1999, by Iris D. Dilling. Witness my hand and official seal My commission expires: Notary Public STATE OF COLORADO ) ss. COUNTY OF PeW 60— t`` The foregoing instrument as acknowledged befo ,Iay of �, 1999, by Robert D. Hunter. �NOTAq Witness my band and official seal. =�'pV$LIC My commission expires � '%�`' '�.�` n�P.,. Notary Public 1111111 HIM III IN IIIIIIII III 111111III IIII 716082 12/01/1999 10:53A 173 Sara Fisher 10 of 38 R 190.00 D 0.00 N 0.00 Eagle CO 5 a uw wAs ^m baa 4V)m �n •• m N � � N �40a 4D .+ STATE OF KANSAS } ss. COUNTY OF 1 The foregoing instrument was acknowledged before me this day of —, 1999, by Marilyn Rymer as Trustee of the Robert A. Rymer Trust. Witness my hand and official seal My commission expires: Notary Public STATE OF WASHINGTON ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1999, by Mark J. Amsden. Witness my hand and official seal. My commission expires Notary Public STATE OF COLORADO ) COUNTY OF II ) ss. _f-118 The foregoing instrument was acknowledged before me this 60 day of 1999, by Gregory M. Amsden, President of AMS Development, Inc., general partner of A & G Development Partners, a Colorado general partnership. Witness my hand and official seal My commission expires: 3 ----a a � 0 � STACEY S MATTSON Notary Public State of Colorado My COMMIssim Bores May 21, 2003 STATE OFA } COUNTY OF �-� ss. The foregoing instrument as acknowledged before me thisa6/ day f ��/��999, by Robert Rymer as Trustee of the Robert A. Rymer Trust. Witness my hand and official sea] �pRY a�7 � t y mmission expires: � (J� s �p 't'qY PV®v f � Notary Public Af 1h�55 F AMA NAVA Notary Public - Notary Seal r Sy�LA State of Missouri Commissioned in Jackson County STATE OF 4r MY Commission Expires July 10, 2000 t„ )ss. COUNTY The foregoing instrument as acknowledged before me thisaq da of 1999, by Marilyn Rymer as Trustee of the Robert A. Rymer Trust. l�a10A kq -4 Witness my hand and official seal p�tN tY aF mission expires: v C"NY PVOv �l°Jf OF Wss��\ Notary Pub i4JlAffIA NAVA Notary Public - Notary Seal State of Missouri Commissioned in Jackson County STATE OF WASHINGTON ) My Commission Expires July 10, 2WO } ss. COUNTY OF 1 The foregoing instrument as acknowledged before me this day of 1999, by Mark J. Amsden. Witness my hand and official seal. My commission expires Notary Public 111111111111 1111111 IIIII III IIII IIIIIIII III 111111 Ill IIII 716062 12/01/1999 10:53A 173 Sara Fisher 22 of 38 R 190.00 D 0.00 N 0.00 Eagle Co STATE OF r-% ) i' 'f) ss. COUNTY OF �X The foregoing instrument as acknowledged before me this 227 da y of !>�j GYlra/Z/1 le m S D t Witness my hand and official seal JANICE M.TOTH My Commission expire NOTARY PUBLIC. STATE OF OHIO N t Public t STATE OF KANSAS ) kd G ss. COUNTY OF 1 The foregoing instrument as acknowledged before me this day of 1999, by Marilyn Rymer as Trustee of the Robert A. Rymer Trust. Witness my hand and official seal My commission expires: Notary Public STATE OF WASHINGTON ) ss. COUNTY OF 1 The foregoing instrument as acknowledged before me this day of 1999, by Mark J. Amsden. Witness my hand and official seal. My commission expires Notary Public 1111111111111111111 IIIII III 1111 11111111 III 111111 III 1111 716062 12/01/1999 10:33A 173 Sar■ Fisher 13 of 38 R 190.00 D 0.00 N 0.00 Eagle CO STATE OF KANSAS ) } ss. COUNTY OF 1 The foregoing instrument was acknowledged before me this day of , 1999, by of NovaStar Mortgage, Inc., a Kansas corporation. Witness my hand and official seal. My commission expires Notary Public STATE OF COLORADO ) ss. COUNTY OF i The foregoing instrument was acknowledged before me this day of 1999, by Walter Huttner. t'; N`•,,, Witness my hand and official seal My commission expires:�CoMmissim Expires 04/1312002 WeStStar Bank`� '08 South Frontage Road op Public Vg- CO 81657 STATE OF COLORADO ) ss. COUNTY OF _} The foregoing instrument was acknowledged before me this day of 1999, by Barbara Huttner. Witness my hand and official seal. My commission expires —fily Cum fSiDn Expires 04/13/2002 WestStar Bank 108 South Frontage Road WestofPublic VS, CO 81657 11111111111 lllllll 11111111 IN Illlllll 111111111 !111111 716062 12/01/1999 10:53A 173 Sara Fisher 7 14 of 38 R 190.00 D 0.00 N 0.00 Eagle CO STATE OF COLORADO ) ss. COUNTY OF L- ?) The foregoing instrument was acknowledged before me this -1)44 day of ve��e , 1999,by E'•rk-ri r Gcy/✓ ; as the C -ir / YJa�ry� e of Eagle River Water & Sanitation District. Witness my hand and official seal My commission expires: L- Notary P0fic c� 111111IIIA1111111IIIAIIIINIIIIIIIIIII111111IIIIIII 716062 12/01/1999 10:53A 173 Sara Fisher 15 of 36 R 190.00 D 0.00 N 0.00 Eagle CO EXHIBIT A REAL PROPERTY DESCRIPTIONS Richard W. Dilling and Iris D. Dilling Lot 3, Block 1, Gore Creek PO Box 1450 Subdivision according to the Vail, Colorado 91658 plat thereof, County of Eagle, State of Colorado. Robert D. Hunter as to an undivided 40% interest, Lot 4 and 5, Block 1, Gore Robert A. Rymer Trust as to an undivided 33% interest, Creek Subdivision according A & G Development Partners, a Colorado general to the plat thereof, County of partnership as to an undivided 20% interest and Mark J. Eagle, State of Colorado. Amsden as to an undivided 7% interest c/o Greg Amsden, 500 S. Frontage Road East, Suite 112, Vail, CO. 81657 NovaStar Mortgage, Inc. Lot 7, Block 1, Gore Creek 1900 West 47' Place Subdivision according to the Westwood, KS. 66205 plat thereof, County of Eagle, State of Colorado. Walter Huttner and Barbara Huttner Lot 8B, Block 1, Gore Creek 1409 South Ulster Street Subdivision according to the Denver, Colorado 80231 plat thereof, County of Eagle, State of Colorado. Eagle River Water and Sanitation District Lot 11, Vail Meadows Filing 846 Forest Road No. 42 Vail, CO. 81657 111111111111111111111111 III 1111 IIIIIIII 111111111 III IIII 716062 12/01/1989 10:53A 173 Sara Fisher 16 of 38 R 190.00 0 0.00 N 0.00 Eagle co EXHIBIT B EASEMENT TRACT 111111 IIIII 111111111111 III 111111111111 III 111111 Ill Ilii 718052 12/01/1999 10:53A 173 Sara Fisher 17 of 38 R 190.00 D 0.00 N 0.00 Eagle CO 11/19/99 11/19/99 WP4 1458-3 PROPERTY DESCRIPTION That part of Lot 3, Block 1, Gore Creek Subdivision, according to the Map thereof recorded in Book 216, Page 191 in the office of the Eagle County, Colorado, Clerk and Recorder, described as Follows: Beginning at the northeast corner of said Lot 3, thence, along the easterly line of said Lot 3, S10'43'46'E 83,13 feet to the southeast corner of said Lot 3, thence, along the southerly line of said Lot 3, S89'04'36'W 5,70 feet) thence, departing said southerly line, 27.34 feet along the arc of a curve to the right having a radius of 62.50 feet, a central angle of 25'03'35', and a chord that bears N23'15'34'W 27,12 feet; thence N10443'46'W 54,69 feet to the northerly line of said Lot 3) thence, along the northerly line of said Lot 3, 11.55 feet along the arc of a curve to the left having a radius of 113.17 feet, a central angle of 5'50'47' and a chord that bears N74'19'17'E 11.54 feet to the Point Of Beginning, containing 890 square feet, More or less, Stan Hogfo$o Al F •. Cot orado'�;�. Date 60 0 60 120 180 Feet 11/19/99 WP4 1458-4 PROPERTY DESCRIPTI❑N That part of Lot 4, Block 1, Gore Creek Subdivision, according to the Map thereof recorded in Book 216, Page 191 In the office of the Engle County, Colorado, Clerk and Recorder, described as follows, Beginning at the northwest corner of said Lot 4, thence, along the northerly line of said Lot 4, 21.05 feet along the arc of a curve to the left, having a radius of 113.17 feet, a central angle of 10'39'22', and a chord that bears N66'03'21'E ?1.02 feet; thence, departing said northerly line, 7.11 feet along the arc of a curve to the right, having a radius of 65.00 feet, a central angle of 6'15'52', and a chord that bears S03'07'56'L 7,10 feet; thence S00'00'00'E 26.85 feet; thence 43.64 feet along the arc of a curve to the left, having a radius of 55.00 feet, a central angle of 45'27'42', and a chord that bears S22'43'51'E 42.50 feet; thence S45'27'42'E 1.80 feet; thence 27.77 feet along the arc of a curve to the left, having a radius of 35.00 feet, a central angle of 45'27'42', and a chord that bears S68'11'33'E 27,05 feet; thence N89'04'36'E 28.78 feet; thence S00'55'24'E 00 feet to the southerly line of said Lot 4, thence the folloning two courses along the southerly and westerly lines of said Lot 41 (1) S89'04'36'u 75.81 feet; (2) N10'43'46'W 83.13 feet to the Point ❑f Beg ipnl'fitl',,,,WntoInin9 1900 square feet, More or less. 0.pD0 f Stan _-------- Hogf a Colorado:&Aga Date: 60 0 60 120 18d Feel - --1 � LO a V 0 0 �... IL. 0 0 L4 am =Vim m r+ Z �Qm �n .. B 0�) m 0) �Na =�01 ANN m � or �M� FNM as O _PN 11/16/99 WP4 1458-7 PROPERTY DESCRIPTION That part of Lot 7, Block 1, Gore Creek Subdivision, according to the Map thereof recorded in Book 216, Page 191 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows! Beginning at a point on the northerly line of said Lot 7, whence the southeast corner of Lot 3, said Block 1, Gore Creek Subdivision, bears N89'04'36'E 1.00 feet] thence, along said northerly line of Lot 7, N89'04'36'E 100.07 feet to the northeast corner of said Lot 7; thence, along the southeasterly line of said Lot 7, S43'45'38'W 36.23 feet; thence, departing said southeasterly line, 15.75 feet along the arc of a curve to the left, having a radius of 37.50 feet, a central angle of 24'03'28', and a chard that bears N78'53'40'W 15.63 feet; thence S89'04'36'W 11,28 feet; thence 54.77 feet along the arc of a curve to the right, having a radius of 62.50 feet, a central angle of 50'12'29', and a chord that bears N65°491101W 53.03 feet to the Point Of Beginning, cc)-taining 1693 square feet, more or less, Stan Hogferl�----'�'-- - Colorado P,L.S 3�659�� Date'--- 60 0 ' 60 120 18d Feel s .0 LU L dam =n m .i z dam eo m ..m —gym � m =N � •+ CO -N � �ea O 40 �ti H _hN PROPERTY DESCRIPTI❑N That part of Parcel B, Final Plat, A Resubdivision of Lot 8, Block 1, Gore Creek Subdivision, according to the Map thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the northeast corner of said Parcel B, thence, along the easterly line of said Parcel B, SO4'20'18'E 82.71 feet to the southeast corner of said Parcel B; thence, along the southerly line of said Parcel B, S85'39'42'W 30.99 feet; thence, departing said southerly line, N00'51'36'E 23.25 feet; thence 44.33 feet along the arc of a curve to the left, having a radius of 37,50 feet, a central angle of 67'43'32', and a chord that bears N33'00'10'W 41,79 feet to the northwesterly line of said Parcel B; thence, along said northwesterly line, N43'45'38'E 36,23 feet to the northerly angle point of said Parcel B; thence, along the northerly line of said Parcel B, N89'04'36'E 22.00 feet to the Point Of Beginning, containing 2782 square feet, more or less, HO Stan HogfeldT - : y -----moo ;a�------ Colorado P.E.; Date; i� 1 11/16/99 WP4 1458-8 EXHIBIT C REPAIR AND MAINTENANCE AGREEMENT 1111111 VIII 1111111 VIII III IIII 11111111 III 1111111 II IIII 718062 12/01/1998 10:53A 173 Sara Fisher 22 of 38 R 180.00 D 0.00 N 0.00 Eagle CO REPAIR AND MAINTENANCE AGREEMENT AND DECLARATION This Repair and Maintenance Agreement and Declaration (the "Agreement and Declaration") is made effective as of the 30 i - day of September, 1999, by and among Eagle River Water & Sanitation District ("ERWS"), Richard W. and Iris D. Dilling ("Lot 3 Owner"), NovaStar Mortgage, Inc. ("Lot 7 Owner"), Walter Huttner and Barbara Huttner ("Lot 8B Owner"), and Robert D. Hunter as to an undivided 40% interest, Robert A. Rymer Trust as to an undivided 20% interest, A&G Development Partners as to an undivided 20% interest and Mark J. Amsden as to an undivided 7% interest (collectively, the "Lots 4 and 5 Owner"). 1. Recitals. Lot 3 Owner, Lots 4 and 5 Owner, Lot 7 Owner and Lot 8B Owner (collectively, the "Lot Owners") and ERWS are each seised of an estate in fee simple of those parcels of land located in Block 1, Gore Creek Subdivision according to the plat thereof, County of Eagle, State of Colorado, as set forth on Exhibit A attached hereto and incorporated herein by reference (each a "Property," and collectively the "Properties"). The Lot Owners and ERWS (collectively, the "Easement Users") are parties to an Access and Utility Easement of even date herewith under which the Lot Owners created a twenty-five foot access easement across the Properties, as described on Exhibit B, for the benefit of the Lot Owners and ERWS (the "Easement Tract"). The Easement Users desire to set forth their rights and responsibilities with respect to the construction, repair and maintenance of the improvements to the Easement Tract in accordance with the terms and conditions set forth herein. 2. Construction. The construction to be performed pursuant to the provisions of this Section 2 shall be referred to as the "Improvements." (a) ERWS shall be responsible for one-half and the Owner of Lot 4 and 5 Owner shall be responsible for one-half of all costs associated with: (i) the surveying, engineering, designing and grading the roadway to be installed along the Easement Tract; (ii) application of a six inch deep, twenty-two (22) foot wide, gravel road base, and (iii) complying with all drainage and wetlands requirements. The foregoing improvements to the Easement Tract shall be as mutually agreed upon by ERWS and the Lot 4 and 5 Owner. ERWS shall be solely responsible for all costs associated with the surveying, engineering, designing and installing the utility lines along the Easement Tract. (b) The Lots 4 and 5 Owner shall be responsible for the cost of initially paving in asphalt a twenty (20) feet wide roadway constructed with ERWS along the Easement Tract. The construction to be from the intersection of Black Gore Drive to the property line between Lot 8B and Lot 8A. The Lots 4 and 5 Owner shall also be responsible for the cost of: (i) removing the existing driveway on Lot 3 from Black Gore Drive; (ii) installing berms and landscaping from such driveway removed from Lot 3; and (iii) installing new access to Lot 3 from the Easement Tract along the eastern boundary of Lot 3, 1111111111111111111 IIIII III IN 11111111 III 1111111 II 1111 716062 12/01/1999 10:53A 173 Sara Fisher 23 of 38 R 190.00 D 0.00 N 0.00 Eagle CO Repair and Maintenance. (a) ERWS shall be solely responsible for plowing snow onto adjacent lots as may be required on the Improvements in accordance with the needs of ERWS for access to its Property. Repairs and maintenance shall be made from time to time to the Improvements as the Easement Users holding a majority of the percentage interests set forth below shall determine from time to time. Each party hereto shall be responsible for the cost of repairing and maintaining the Improvements, other than the plowing and snow removal, in the following proportions: Easement Owner Percentage Interest Lot 3 Owner 20% Lots 4 and 5 Owner 20% Lot 7 Owner 20% Lot 8B Owner 20% ERWS 20% (b) Easement Users holding at least 40% of the percentage interests set forth in Section 3(a) shall be entitled to call, or waive the calling of, a meeting of the Easement Users for purposes of determining assessments upon all the Easement Users for the repair and maintenance of the Improvements, which meeting shall be held in Eagle County, Colorado. Written notice of such meeting, or a ballot or consent containing a waiver of meeting, shall be sent to all Easement Users at their addresses on record with the Eagle County Assessor's office at least thirty (30) days prior to the date of the meeting. The decision of the Easement Users holding a majority of the percentage interests set forth in Section 3(a) shall be binding on all the Easement Users. (c) If any Easement User fails to pay any assessment within thirty (30) days of the meeting of the Easement Users (a "Defaulting Easement Owner"), then any of the other Easement Users may pay the Defaulting Easement User's share of the assessment. The Defaulting Easement User's share of the assessment shall accrue interest at the greater of eighteen percent (18%) per annum or four percent (4%) higher than the prime rate published from time to time in the Wall Street Journal. The Defaulting Easement User's assessment and the interest accrued thereon shall be secured by a lien against the Easement User's Property. To evidence such lien, the Easement User(s) entitled to such lien shall prepare a written notice of lien setting forth the amount owed by the Defaulting Easement User and the legal description of the Lot subject to the lien. Such notice of lien shall be recorded in the real property records in and for Eagle County, Colorado and may be enforced by foreclosure of the lien in like manner as a mortgage on real property, subject to the lien of first mortgages and first deeds of trust, but superior to any homestead exemption in accordance with the provisions of Colo. Rev. Stat. 38-41-201 et seq. IIIIII Hill 1111111 HIM III IN IIIIIIII 111111111111 IN 716062 12/01/1999 10:33A 173 Sara Fisher 24 of 38 R 190.00 D 0.00 N 0.00 Eagle CO (d) Each Easement User agrees to provide, within fifteen (15) days of receipt of request by any other Easement User a written statement indicating the amount of any unpaid charges or assessments due from the requesting Easement User under the terms of this Agreement and Declaration, any existing defaults under this Agreement and Declaration by the requesting Easement User, and any other information deemed proper by the responding Easement User. In the event that the Easement User requested to provide such information fails to do so within such fifteen (15) day period, such failure shall be deemed conclusive evidence that, except for Iiens secured by a notice recorded in accordance with the provisions of Section 3(c) of this Agreement and Declaration, no amounts due under this Agreement and Declaration are unpaid by the requesting Easement User, and no defaults by the requesting Easement User exist under this Agreement and Declaration. (e) The Easement Users holding a majority of the percentage interests described above may form a nonprofit corporation or other association for purposes of administering their respective rights and obligations under this Agreement and Declaration. 4. Governmental Compliance. The construction of the Improvements and the repair and maintenance of the Improvements shall be done in full compliance with all applicable federal, state and local laws. 5. Enforcement of Rights. In the event any party hereto fails to discharge its respective obligations hereunder, any other party hereto shall have the right to enforce this Agreement and Declaration by an action in law or in equity (including a suit for specific performance) without thereby waiving the right to also recover in an action for damages any such sums expended by such other party at its discretion in performing such obligations. In the event that any party hereto must institute a legal proceeding against the other party to enforce its rights hereunder, the prevailing party shall be entitled to recover and the court shall award reasonable attorney's fees (including those incurred on appeal or whether or not suit be filed) and costs from the non -prevailing party in such amounts as the court deems proper. 6. Covenants Running with the Land. All rights and obligations arising hereunder are covenants running with the land, binding upon and inuring to the benefit of the respective parties and their respective successors in title. 7. Governing Law and Venue. The laws of the State of Colorado shall govern this Agreement and Declaration. Any legal action instituted hereunder shall be brought in Eagle County, Colorado. 8. Signature. Each party hereto represents and warrants that the person or persons signing this Agreement and Declaration on behalf of such party is duly authorized to do so. Each party is hereby estopped from asserting that it or any party signing below did not legally execute this Agreement and Declaration with all necessary or required authority. 111111111111111 BIN 11111 111 IN IIIIIIII III 1111111 II IIII 716062 12/01/1999 10:53A 173 Sara Fisher 25 of 38 R 190.00 D 0.00 N 0.00 Eagle CO 3 9. No Partnership. None of the terms and provisions of this Agreement and Declaration shall be deemed or construed to create a partnership between or among the parties hereto in their respective businesses or otherwise, nor shall they cause the parties hereto to be considered joint ventures or members of any joint enterprise. Each party to this Agreement and Declaration shall be considered a separate entity and no party hereto shall have the right to act as agent for any other party hereto unless expressly authorized to do so by written instrument signed by the authorizing party. 10. Amend►nent. Except as otherwise specifically set forth herein, neither this Agreement and Declaration nor any provision may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by all of the parties hereto and recorded in the Real Property Records of Eagle County, Colorado. 11, Counterparts. This Agreement and Declaration may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 12. Further Assurances. Each party to this Agreement and Declaration to execute and deliver other documents, instruments and certificates which are reasonably necessary to implement fully the provisions and intent of this Agreement and Declaration. IN WITNESS WHEREOF, the parties have read and executed this Agreement and Declaration effective as of the date first above written. Lot 3 Owner: Richard W. Dilling Lots 4 and 5 Owner: Robert D. Hunter 111111 VIII 1111111 VIII III IIII IIIIIIII 111 111111111 IIII 715062 12/01/1999 10:53A 173 Sara Fisher 26 of 38 R 190.00 D 0.00 N 0.00 Eagle CO !!D�, Dilling4W Mark J. Amsden 9. No Partnership. None of the terms and provisions of this Agreement and Declaration shall be deemed or construed to create a partnership between or among the parties hereto in their respective businesses or otherwise, nor shall they cause the parties hereto to be considered joint ventures or members of any joint enterprise. Each party to this Agreement and Declaration shall be considered a separate entity and no party hereto shall have the right to act as agent for any other party hereto unless expressly authorized to do so by written instrument signed by the authorizing party. 10. Atnendrnent. Except as otherwise specifically set forth herein, neither this Agreement and Declaration nor any provision may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by all of the parties hereto and recorded in the Real Property Records of Eagle County, Colorado. 11. Counterparts. This Agreement and Declaration may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 12. Further Assurances. Each party to this Agreement and Declaration to execute and deliver other documents, instruments and certificates which are reasonably necessary to implement fully the provisions and intent of this Agreement and Declaration. IN WITNESS WHEREOF, the parties have read and executed this Agreement and Declaration effective as of the date first above written. Lot 3 Owner: Richard W. Dilling Lots 4 and 5 Owner: Robert D. Hunter 1111111111111111111 IIIII III 111111111111 III 1111111 II 1111 718062 12/01/1999 10:53A 173 Sara Fisher 27 of 38 R 190.00 D 0.00 N 0.00 Eagle Co Iris D. Dilling Mark J. Amsden 9. No Partnership. None of the terms and provisions of this Agreement and Declaration shall be deemed or construed to create a partnership between or among the parties hereto in their respective businesses or otherwise, nor shall they cause the parties hereto to be considered joint ventures or members of any joint enterprise. Each party to this Agreement and Declaration shall be considered a separate entity and no party hereto shall have the right to act as agent for any other party hereto unless expressly authorized to do so by written instrument signed by the authorizing party, 10. Amendment. Except as otherwise specifically set forth herein, neither this Agreement and Declaration nor any provision may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by all of the parties hereto and recorded in the Real Property Records of Eagle County, Colorado, 11. Counterparts. This Agreement and Declaration may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 12. Further Assurances. Each party to this Agreement and Declaration to execute and deliver other documents, instruments and certificates which are reasonably necessary to implement fully the provisions and intent of this Agreement and Declaration. IN WITNESS WHEREOF, the parties have read and executed this Agreement and Declaration effective as of the date first above written. Lot 3 Owner: Richard W. Dilling Iris D. Dilling Lots 4 and 5 Owner: r� Robert D. Hunter M rk J. den 1111111 IIIII 1111111 IIIII III IN 11111III III 1111111 II IN 716062 12/01/1969 10:53A 173 Sara Fisher 28 of 38 R 190.00 D 0.00 N 0.00 Eagle CO A & G DEVELOPMENT PARTNERS ROBERT A. RYMER TRUST By• S Dev meat,neral By: Robert A. Rymer, Trustee By: c c & Uti By: G i sden, President Marilyn R. Rymer, Trustee Lot 7 Owner: NOVASTAR MORTGAGE, INC. By: _ Name: Title: Lot SB Owner: Walter Huttner EAGLE RIVER WATER & SANITATION DISTRICT By: Title: STATE OF COLORADO ) ) ss. COUNTY OF I Barbara Huttner The foregoing instrument was acknowledged before me this day of 1999, by Richard W. Dilhng. Witness my hand and official seal. My commission expires: Notary Public 1111111 IIIII 1111111 IIIII III 111111111111 III 1111111 II IIII 718082 12/01/1990 10:53A 173 Sara Fisher 29 of 38 R 100.00 0 0.00 N 0.00 Eagle CO 5 A & G DEVELOPMENT PARTNERS By: AMS Development, Inc., general partner IM Gregory M. Amsden, President Lot 7 Owner: NOVASTAR MORTGAGE, INC. By: _ Name: Title: Lot 813 Owner: ROBERT A. RYMER TRUST Walter Huttner Barbara Huttner EAGLE RIVER WATER & SANITATION DISTRICT Ln Title: 111111111111111111111111111 IIII 11111111111 IIII 111111111 716062 12/01/1999 10:33A 173 Sara Fisher 30 of 38 R 190.00 D 0.00 N 0.00 Eagle CO Lot 7 Owner: NOVASTAR MORTGAGE, INC. By: Name: Title: Lot 8B Owner: Walter Huttner EAGLE RIVER WATER & SANITATION DISTRICT Title: STATE OF COLORADO ) ss. COUNTY OF The foregoing instrument was acknowledged before me this 1Yday of 1999, by Richard W. Dilling. Witness my hand and official seal. My commission expires:_.,.. Jl COMMISSiOn EOreS 04/13120112 WestStar Bank 108 South frontage Road West W. CO 81657 Illi11111111111111IIIII III ILII IIIIIIII III IIII VIII IIII 716062 12/01/1999 10:53A 173 Sara Fisher 31 of 38 R 190.00 0 0.00 N 0.00 Eagle CO Not Public STATE OF COLORADO } ) ss. COUNTY OF The foregoing instrument as acknowledged before me this 1999, by Richard W. Dilling. Witness my hand and official seal. My commission expires:_ W� COMMISSIOR-EXplr8s 04/13/2002 STATE OF COLORADO ) ss. COUNTY OF e ) The foregoing instrument as acknow 1999, by Iris D. Dilling. Witness my hand and official seal. My commission expires: mission Expires STATE OF COLORADO ) ss. COUNTY OF Notary Public P O ►r 0 Wesftr A;1 A' 'Jtl edlfil9Grlil° Notary Public 108 South Frontage Road West Vall, CO 81657 0 S5°Bank F omage Road West Vail, CO 81657 day of qC J4—'� The foregoing instrument as acknowledged before me this day of 1999, by Robert D. Hunter. Witness my hand and official seal. My commission expires: Notary Public 111111111111111111111111111 IN 11111111111111111111 IN 716082 12/01/1999 10:53A 173 Sara Fisher 32 of 38 R 190.00 D 0.00 N 0.00 Eagle Co rl STATE OF COLORADO } ) ss. COUNTY OF The foregoing instrument as acknowledged before me this day of 1999, by Richard W. Dilling. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument as acknowledged before me this day of 1999, by Iris D. Dilling. Witness my hand and official seal. My commission expires: STATE OF COLORADO ) Notary Public ss. COUNTY OF PP -40,0(— ) The foregoing instrument as acknowledged before me this 1 1999, by Robert D. Hunter. •°`�� k 8/s,,,�`�% 0 ora . y°o �:pUgL1C ^ Witness my hand and official seal. My commission expires: �- /o oy Notary Public 111111111111111111111111111 IIII 11111111 III IIIII IIII IIII 716052 12/01/1999 WiWA 173 Sara Fisher 33 of 38 R 190.00 D 0.00 N 0.00 Eagle CO 6 STATE OF KANSAS ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1999, by Marilyn Rymer as Trustee of the Robert A. Rymer Trust. Witness my hand and official seal. My commission expires: Notary Public ss. COUNTY OF 1 The foregoing instrument was acknowledged before me this day of 1999, by Mark J. Amsden. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) — : ) ss. — • COUNTY OF -411 _ � W m The foregoing instrument was acknowledged before me this 46 day of ��m Y 1999, by Gregory M. Amsden, President of AMS Development, Inc., general partner of A& G Development Partners, a Colorado general partnership. baa Witness my hand and official seal. mMy commission expires: 5 al 03 � °0 � STACEY S MATTSON -N N Notary Public State of Colorado —•- r) My Commission 6cpires M'V 21.2003 7 M rs STATE OF 3tN37 ) )ss. COUNTY OF�S� The foregoing instrument as acknowledged before me this oZ r d/ay of 1999, by Robert Rymer as Trustee of the Robert A. Rymer Trust. Witness my hand and official seal. Zo Myr m Sion expires• 0 �j�f Gf M15gti��\ STATE OF M1ss 5 ) COUNTY OF ) f2T, - Notary PubOIC4�� MARIA NAVA Notary Public - Notary Seal o Missouri Commissioned in Jackson County MY Commission Expires July 10. 2000 The foregoing instrument as acknowledged before me thiy o f by Marilyn Rymer as Trustee of the Robert A. Rymer Trust. Witness my hand and official seal 0 M ission expires �AlRY p STATE OF WASHINGTON ) ) ss. COUNTY OF _ 1 Notary k#kriiKNAVA Notary Public - Notary Beat State of Missouri Commissioned in Jackson County My Commission Expires July 10. 2000 ~ The foregoing instrument as acknowledged before me this day of 1999, by Mark J. Amsden. Witness my hand and official seal. My commission expires: Notary Public 111111111111111111111111111 ILII 11111111 Ili 1111111111111 716062 12/01/1999 10:53A 173 Sara Fisher 35 of 38 R 190.00 D 0.00 N 0.00 Ea0le CO STATE OF KANSAS ) ss. COUNTY OF The foregoing instrument as acknowledged before me this 1999, by Robert Rymer as Trustee of the Robert A. Rymer Trust. Witness my hand and official seal. My commission expires: Notary Public STATE OF KANSAS ) ss. COUNTY OF ) day of , The foregoing instrument as acknowledged before me this day of 1999, by Marilyn Rymer as Trustee of the Robert A. Rymer Trust. Witness my hand and official seal. My commission expires: Notary Public oN 10 STATE OF ) ) ss. COUNTY OF1) The foregoing instrument as acknowledged before me this 2 day qf, 1999, by Mark J. Amsden. Witness my hand and official seal 4Cf JANICE M. TOTH My commission explreWARY PUBLIC, STATE OF OHIO ✓,��, q ({ ; j ` Mr COMWISSOREWREM 14,2002 cly'if tC r . NoUxv Public 1111111111111111111111111111111 IIIIIIII III IIIII IIII III1 716062 12/01/1999 10:53A 173 Sara Fisher 36 of 38 R 190.00 D 0.00 N 0.00 Eagle CO STATE OF KANSAS } ) ss. COUNTY OF The foregoing instrument was acknowledged before me this , 1999, by NovaStar Mortgage, Inc., a Kansas corporation. Witness my hand and official seal. My commission expires: STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was NQWI�" 1999, by Walter Huttner. Witness my hand and official seal. day of of @vylY llc acknowledged 'before me this _,/�?_ day of My commission expires: *Commission EnlreS 04/13/2002 WestStar Bank 108 South Frontage Road West Vail, CO 81657 STATE OF COLORADO ) ss. COUNTY OF /w P. ��i • The foregoing instrument was acknowledged before me this &day of 1999, by Barbara Huttner. Witness my hand and official seal. My commission expires: MY Commission Expires 04/13/2002 MOW flank9` 108 South Frontage Road West of Public Vail, CO 81657 111111111111111111111111111 IN 11111111111 11111 IN IN 8 716062 12/01/1999 10:53A 173 Sara Fisher 37 of 38 R 190.00 D 0.00 N 0.00 Eagle Co STATE OF COLORADO ) ss. COUNTY OF The foregoing instrument was acknowledged before me this 3� day of Niljew- y, — , 1999, by C"P /,, ; , as the6,,-,r,.,, I 0'7",,4 r— Of Eagle River Water & Sanitation District. Witness my hand and official seal. I lillll81111111111IIIII111 IN IIIIIIII 111111111111 IN 718062 12/01/1885 20:03A 173 Sara Fisher 38 of 38 R 190.00 D 0.00 N 0.00 Eagle CO Notary PubX �,j Lu s%.1 �4 z I lh- ... . ...l11 d8 w.. s saw cr 10F I N 04! 20'18 --- --------- - ---- ------ --------- ----- ui CD v.' MEADOW ROAD cz cli 0 CD In m Cj E:w it co 0 z 2t, 0 0 Z W X z w > w rr) 0 3c 4,�Ofl. = SOUTH 16 its N,00V 'HJ. 9 -ep S N HO H 0 1 e mi City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: July 9, 2018 ITEM/TOPIC: A request for the review of an amendment to an existing Conditional Use Permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the replacement of the existing maintenance facility with a new maintenance facility at the Vail Golf Course, located at 1278 Vail Valley Drive/Unplatted, and setting forth details in regard thereto. (PEC18-0027) ATTACHMENTS: File Name Description Report with Prosect Description Vicinity Map Site Plan and Elevations.pdf Report with Project Description, Vicinity Map, Site Plan, and Elevations VAIL 't 75 South Frontage Road West Vail, Colorado 81657 va ilgov. com June 26, 2018 Community Development Department 970.479.2138 Dear Planning and Environmental Commission members and adjacent property owners: Re: A report to the Planning and Environmental Commission on the Administrator's approval of an amendment to an existing Conditional Use Permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the replacement of the existing maintenance facility with a new maintenance facility at the Vail Golf Course, located at 1278 Vail Valley Drive/Unplatted, and setting forth details in regard thereto. (PEC18-0027) Applicant: Vail Golf Course, represented by Pierce Architects Planner: Justin Lightfield The purpose of this letter is to inform you that the Town of Vail Community Development Department Administrator has approved an amendment to an existing Conditional Use Permit to allow for construction of a new storage building at the maintenance facility site, located at 1278 Vail Valley Drive. The larger maintenance building will remain while the proposed structure will replace the existing storage building. The proposed structure will serve as a storage location for equipment, tools, and supplies used to maintain the Vail Golf Course. The Administrator's approval includes the following conditions: 1. The applicant shall submit to and obtain approval of a complete application from the Design Review Board before applying for a building permit. 2. Applicant shall at all times abide by the Conditional Use Permits regulations, Title 12, Chapter 16, of the Vail Town Code. 3. Any conditional use which is discontinued for a period of two (2) years, regardless of any intent to resume operation, shall not be resumed thereafter; any future use of the site or structures thereon shall conform to the provisions of Title 12, Chapter 16, Vail Town Code. The Town of Vail Administrator has determined that this amendment to the approved Conditional Use Permit meets the review criteria prescribed by Section 12-16-10, Amendment Procedures, Vail Town Code. This approval of a Conditional Use Permit amendment will be reported to the Town of Vail Planning and Environmental Commission at its Monday. July 9, 2018 public hearing at 1:00 p.m. in the Vail Town Council Chambers, located at 75 South Frontage Road West. The Planning and Environmental Commission reserves the right to "call up" this administrative action for additional review at this hearing. This administrative action may also be appealed by an adjacent property owner, any aggrieved or adversely affected person, or the Vail Town Council as outlined in Section 12-3-3, Appeals, Vail Town Code. Should you have any questions, please feel free to contact me directly at 970-479-2440, or jlightfield(a�vailgov.com. Justin Lightfield, Planner Attachments: Project Description, Vicinity Map, Site Plan, and Elevations. Proposal for Conditional Use Permit 1278 Vail Valley Drive Vail Golf Course Maintenance Building Parcel Number 2101-092-00-003 11 June 2018 Address to: Planning and Environmental Commission Project Narrative: Proposed demo and replacement for The Vail Golf Course Storage Building The proposed structure will serve as a storage location for equipment, tools, and supplies used to maintain the golf course. It is located over the existing footprint of the current storage shed and it will be replacing the existing storage shed which currently does not provide enough SQFT for their storage needs. The proposed building will double the available storage space and will be a more secure location for the equipment and tools. The existing structure was meant to be temporary and its demolition and replacement is overdue. The style and materials will match the neighboring Maintenance Building and its use supports the golf course and aims provide better and more secure storage for the golf course equipment. There will be no permanent outdoor lighting that would contribute to light pollution and there are no utilities that would affect air quality. With no permanent occupancy, and existing parking being un- affected by the new footprint, the proposed storage facility would not affect traffic, public transportation, or pedestrian access and safety. There is clear access from Vail Valley Drive for maintenance and safety. The storage structure is not in a location that would hinder snow storage or removal from the public streets and parking areas. Parking is adequate on site for day -time parking of the staff. The primary objective is to provide better storage and security for the equipment, tools, and supplies used by the Vail Golf Course Staff. The scale of the proposed storage structure blends within the context of the site and neighboring buildings. It will be taller than the existing structure but still remain comparable in height to the neighboring maintenance building. With the style and materials matching and complimenting the neighboring Maintenance Facility, the proposed Storage Building will blend with the existing infrastructure and be a visual improvement on what was supposed to be a temporary structure. Construction is anticipated to begin September 17th and will last until June 30th. It will not affect the operation of the golf course's regular season. The existing square footage is approximately 1,249 SF and the proposed Storage Building will have 2,060 SF. Signed Applicant: Jordan Kalasnik Pierce Architects , i I a 46 i a �Y ob NIL 0,1 �' iw-------------- .r �► , i I a ZgRL-Ia9wnN 1a wd 2 v 3 L99L80011VA 6�uj Baa. a O HG A37VA SIVA 8LZL w 6� w JNlaiino '1NIdW - OJn °22 - Q lom 0 z I V ^ '\1I � I LU 0 o LU 4 . O >F- _ o �6 COr RF -= Q Z w LU J I I CO _ L LU A' mac, k III l ILII IDLs I I k � I Z . U } m � w LU 0O O Z co r w a a a r Fm ° U oa j 0 J I I N Z m - • ��I - CO a Z I MSN-- 16� Owl I - BNIN3d0 AVM3Al HA, C-r-==SIT ZgRL-Ia9wnN 1a wd 2 3 L99L80011VA HGA37VAn Itln8LZL Q JNlaiino '1NIdW - OJn °22°, ° WJ �ow 91m - c m W g Sow o t] i N i u W N W I N (V N — N (V W N W W N W f v2 3E �v w (V W N N W W ZgRL-ja9wnN Ia wd 2 � 3 /99L8001Itln 6�uj Baa. _F- PO HG A37VA SIVA gLZL s � w N JNlailfl8 '1NIdW - OJn °22°� m o Q W �ow =oJ- �m o.w -o 1 � I Q �m 711 (V --- - - -- - - h W W. 1 h � h 1 � N I 1 W N � N W N W I I (V I W III W W o City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: July 9, 2018 ITEM/TOPIC: A request for review of Major Exterior Alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0016) ATTACHMENTS: File Name PEC18-0016 Staff Memo.pdf Attachment A. Vicinity map.pdf B. Applicant Narrative June 29 2018.pdf C. Plan Set Part1.pdf C. Plan Set Part2.pdf C. Plan Set Part3.pdf C. Plan Set Part4.pdf C. Plan Set Part5.pdf C. Plan Set Part6.pdf C. Plan Set Part7.Ddf C. Plan Set Part8.pdf Description Staff Memorandum A. Vicinity Map B. Applicant Narrative, June 29, 2018 C. Plan Set_Part1 C. Plan Set_Part2 C. Plan Set_Part3 C. Plan Set_Part4 C. Plan Set_Part5 C. Plan Set_Part6 C. Plan Set_Part7 C. Plan Set_Part8 10114411ST1:111 Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 9, 2018 SUBJECT: A request for review of Major Exterior Alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1 and Tract K and setting forth details in regard thereto. (PEC18-0016) and A request for the review a Variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0018) Applicant: Battle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence SUMMARY The applicant, Battle Mountain LLC, represented by Braun Associates, Inc., requests the review of a Major Exterior Alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1. In addition, the applicant also requests the review of a Variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where ten feet (10') is required for the new multifamily structure. This application is being heard in concert with PEC18-0017 Final Plat and PEC18-0019 Prescribed Regulations Amendment. II. DESCRIPTION OF REQUEST Battle Mountain LLC, represented by Braun Associates, Inc. is proposing a six -story multi -family residential project consisting of the following components: • Nine (9) residential condominiums ranging in size from 2,265 square feet to 3,810 square feet totaling 24,590 square feet or GRFA • Three (3) on-site Type VII-IZ Employee Housing Units totaling 2,984 square feet, an increase of 525 square feet over the requirement. • A first floor lobby and common area including sitting areas, a fitness center, owner's storage and a small office for building management and short-term rental management. • A three (3) story underground automated parking system capable of providing up to 93 automobile parking spaces. • Associated site improvements and landscaping including pedestrian related improvements to the alley, including snowmelt. III. BACKGROUND The subject property was annexed into the Town of Vail (Town) by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. Vail/Lionshead Filing No. 1 was approved by the Board of Trustees of the Town of Vail on April 27, 1970 and was subsequently recorded with the Eagle County Clerk and Recorder on May 10, 1970. In 1973 a two-level parking structure was built on this property and also built on the property immediately to the west to meet the parking demands of adjacent developments including Vail 21, the Lift House and the Lions Pride building, among others. Over the last 25 years, the property has continued to provide this parking, however the exact arrangements in regard to leases, easements or other legal instruments are largely unknown. The exception to this statement is Vail 21 whose rights and obligations related to the parking structure were resolved through legal action in 2007. The Town of Vail is not a party to any of these private agreements. Due to structural deficiencies, the top deck of the existing parking structure has been removed with the lower level re -graded and /or maintained until redevelopment occurs. Section 12-10-3: Existing Facilities of the Vail Town Code requires that existing parking facilities not be reduced in capacity to less than the number of spaces prescribed by the Code. The project, as proposed, meets this requirement. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code (in part) ARTICLE H — Lionshead Mixed Use 1 (LMU-1) District 12-7H-1: PURPOSE.- The URPOSE: The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple - family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public off site improvements adjacent to redevelopment projects. With any 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. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-2: PERMITTED AND CONDITIONAL USES, BASEMENT OR GARDEN LEVEL.- A. EVEL: A. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure.- Banks tructure: Banks and financial institutions. Child daycare centers. Commercial ski storage/ski club. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-3: PERMITTED AND CONDITIONAL USES, FIRST FLOOR OR STREET LEVEL.- A. EVEL: A. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure.- Banks, tructure:Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-4: PERMITTED AND CONDITIONAL USES, SECOND FLOOR AND ABOVE.- A. BOVE: A. Permitted Uses: The following uses shall be permitted on those floors above the first floor within a structure.- Accommodation tructure: Accommodation units. Attached accommodation units. Employee housing units, as further regulated by chapter 13 of this title. Lodges. Multiple -family residential dwelling units, lodge dwelling units. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead mixed use 1 district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcades. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple -family uses. Outdoor dining decks and patios. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in subsection 8 of this section shall be reviewed by the design review board in accordance with chapter 11 of this title. 1. Submittal Items Required: The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with section 12-11-4 of this title. B. Major Exterior Alteration: The construction of anew building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (1, 000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. 1. Submittal Items Required, Major Exterior Alteration: The following submittal items are required: a. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. b. Application, Contents: The administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Work Sessions/Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session with the town council. D. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. E. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void two (2) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. (Ord. 29(2005) § 24: Ord. 5(2003) § 11: Ord. 8(200 1) § 2: Ord. 3(1999) § 1) 12-7H-8: COMPLIANCE BURDEN.- It URDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead mixed use 1 district, that the proposal is consistent with applicable elements of the Lionshead redevelopment master plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-9: LOT AREA AND SITE DIMENSIONS.- The IMENSIONS: The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable area. (Ord. 3(1999) § 1) 12-7H-10: SETBACKS.- The ETBACKS: The minimum building setbacks shall be ten feet (10) unless otherwise specified in the Lionshead redevelopment master plan as a build to line. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-11: HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy one feet (71) with a maximum height of 82.5 feet, as further defined by the Lionshead redevelopment master plan. All development shall comply with the design guidelines and standards found in the Lionshead redevelopment master plan. Flexibility with the standard, as incorporated in the Lionshead redevelopment master plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the design review board. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-12: DENSITY (DWELLING UNITS PER ACRE). Up to a thirty three percent (33%) increase over the existing number of dwelling units on a property or thirty five (35) dwelling units per acre, whichever is greater, shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, attached accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling unit", as defined herein, shall be counted as twenty five percent (25%) of a dwelling unit for the purpose of calculating density. (Ord. 18(2005) § 2: Ord. 31(2001) § 5: Ord. 3(1999) § 1) 12-7H-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hundred fifty (250) square feet of gross residential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33%) over the existing GRFA found on the property, whichever is greater. Multiple -family dwelling units in this zone district shall not be entitled to additional gross residential floor area under section 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance) ", of this title. (Ord. 3(1999) § 1) 12-7H-14: SITE COVERAGE.- Site OVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead redevelopment master plan. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-15: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead redevelopment master plan. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-16: PARKING AND LOADING.- Off OADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half (1/2) of the required parking shall be located within the main building or buildings. (Ord. 3(1999) § 1) 12-7H-17: LOCATION OF BUSINESS ACTIVITY: A. Limitations, Exception: All offices, businesses and services permitted by zone district shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 3(1999) § 1) 12-7H-18: MITIGATION OF DEVELOPMENT IMPACTS.- Property MPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: employee housing per the town's current employee housing policy, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. (Ord. 14(2006) § 3: Ord. 29(2005) § 24: Ord. 3(1999) § 1) Vail Comprehensive Plan (in part) Vail 20/20 Focus on the Future — Strategic Action Plan (in part) - The Vail 20/20 Strategic Action Plan is a visioning document that begins with a set of values that outline what is truly important to the community. The plan outlines goals for land use and development, parks and recreation, environment, housing, transportation, economy, community and public safety topics, including specific vision statements, long-term goals, and actions and strategies over the next 5 years to achieve those goals. LAND USE Goal #4: Provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Address the zoning regulations to provide more incentives for developers to build employee housing units. • Use employee housing fund for buy -downs and other programs that will increase the number of employees living within the town. ENVIRONMENTAL SUSTAINABILITY Goal #2: Energy Management in Buildings and Transportation: Reduce the town's 2007 baseline green house gas emissions. • Support employee housing initiatives in order to reduce trips into Vail. HOUSING Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Conduct inventory of all sites with development potential and pursue opportunities for acquiring undeveloped or underdeveloped properties. • Update the Vail Land Use Plan and identify more areas for employee housing. • Research parking requirements for employee housing and consider reducing requirements for employee housing developments. • Expand the number of employee beds in the Town of Vail ECONOMY Goal #3: Maintain a town -wide workforce in which at least 30 percent of people who work in Vail also live in Vail. • Support the local economy by working with the business community to address future workforce housing needs as they relate to business in Vail. Vail Land Use Plan (in part) — The Land Use Plan is not intended to be regulatory in nature but is intended to provide a general framework to guide decision making. One specific measure used to implement the recommendations of the Land Use Plan includes amendments to the Official Zoning Map. Other measures include changes to ordinances and regulations or policies adopted by the Town. Chapter 11- Land Use Plan Goals / Policies (in part) 1. General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 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. 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. 2009 Environmental Sustainability Strategic Plan — The purpose of this plan is to define a strategy that consists of measurable goals, objectives, and actions that will help the Town coordinate efforts to achieve the environmental vision of the community. Goal #6 — Transportation — Reduce the environmental impact of transportation by supporting efforts within the Eagle Valley to decrease total Vehicle Miles Traveled (VMT) by commuters and guests by 20% by 2020. Lionshead Redevelopment Master Plan The Lionshead Redevelopment Master Plan is the guiding document when it comes to the analysis, review and approval of projects within the Lionshead planning area. Staff encourages the Commission to review the document, a link to which has been provided as Attachment D. Special attention should be given to the following sections: • Chapter 2: Introduction including purpose, definition and policy objectives. • Chapter 4: Master Plan Recommendations -Overall Study Area, with special attention to Sections 4.7.3.2, 4.11, and 4.13 • Chapter 5: Detailed Plan Recommendations, specifically Section 5.7 • Chapter 8: Architectural Design Guidelines, with special attention to 8.4.2, VI. ZONING ANALYSIS Address: 534 East Lionshead Circle Legal Description: Lot 2A and Tract K, Vail/Lionshead Filing No. 1, a Resubdivision Lot Size: .314 acre (13,677 sq. ft.) Existing Zoning: Lionshead Mixed Use 1 (LMU-1) Land Use Designation: Lionshead Redevelopment Master Plan Mapped Geological Hazards: None UI I Development Required by Town Proposed Complies? Standard Code West: Lodging/Multifamily Lot Size Min. 10,000 sq. ft. .314 acre (13,677 sq. Complies ft.) Minimum Setbacks Front — 10' North: 10' Variance to west Side — 10' South: 10' setback requested, Rear — 10' East: 10' per Section 12-7H-10: West: 0' Setbacks Maximum Height 82.5 ft. max 81 ft. max Complies 71 ft. averse 71 ft. average Maximum Dwelling 35 DUs/ per acre, or 9 dwelling units (28.6 Complies units/acre 11 units on a .314 du/buildable acre) acre parcel. GRFA Max. 250/100 24,590 sq. ft. Complies Buildable Site Area or 25,917 sq. ft. * Site coverage Max. 70% of site area 8,020 sq. ft. or 59% Complies maximum or 9,754 sq. ft. Minimum Min. 20% of site area 2,760 sq. ft. or 20% Complies Landscaping or 2,735 sq. ft. Required Parking 1.4 per unit or 17 93 spaces** Complies spaces *Although the Development Lot includes Tract K, per an agreement with a part owner of the tract, GRFA is limited to that associated with Lot 2A. **The proposed 93 spaces accommodate the parking generated by the proposed development, replaces existing parking as required by Section 12-10-3 and provides a surplus of parking. SURROUNDING LAND USES AND ZONING North: Lodging/Multi-Family South: Mixed Use East: Welcome Center West: Lodging/Multifamily VIII. REVIEW CRITERIA— VARIANCE Lionshead Mixed Use 1 (LMU-1) Lionshead Mixed Use 1 (LMU-1) General Use Lionshead Mixed Use 1 (LMU-1) The application has requested a variance from the required ten foot (10') rear (west) setback. The applicable criteria for the granting of such a variance are as follows: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The proposed zero foot (0') rear setback is intended to provide a design solution with the adjacent Lazier project that will result in a unified plaza. This design solution will have no discernable effect on the existing or potential uses or structures in the vicinity. The pedestrian connection through the existing parking facility will be maintained at surface grade on the Lazier property until such time as redevelopment of the property has occurred. Upon completion of both projects, the pedestrian access through the site will be accommodated on the unified plaza. Staff finds this criterion to be met. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. The proposed setback will allow for the integration of the two projects with the creation of an outdoor plaza above the parking entrances. Strict enforcement of the setback provision would result in an unusable and undesirable space between the two structures. Although the property line in this area cannot be eliminated due to ownership issues, adherence to setbacks from this property line would prevent a desirable design solution. Above this outdoor plaza, the project fully complies with the required setback. Staff finds this criterion to be met. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The proposed variance will not result in a negative impact on light and air; will not alter the distribution of population; will not affect any existing transportation or traffic facilities, public facilities, or utilities; and will not affect public safety in comparison to existing conditions. Staff finds this criterion to be met. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. IX. REVIEW CRITERIA -MAJOR EXTERIOR ALTERATION Major Exterior Alteration Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU-1) zone district. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; Staff Response: The purposes of the Lionshead Mixed Use 1 Zone District are stated in Section 12-7H-1, Purpose, Vail Town Code. As stated, the Lionshead Mixed Use 1 Zone District is intended to provide sites within the area of Lionshead for a mixture of multiple -family dwellings, hotels, fractional fee clubs, restaurants, skier services and commercial/retail establishments. The development standards prescribed for the district were established to provide incentives for development in accordance with the goals and objectives of the Lionshead Redevelopment Master Plan. The proposed residential project, which includes nine (9) for sale condominiums and three (3) Employee Housing Units (EHUs) is consistent with this stated purpose. The project, with the exception of the rear setback, complies with all of the prescribed development standards for the district Staff finds this criterion to be met. 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; Staff Response: Chapter 2: Introduction Section 2.3 of the Lionshead Redevelopment Master Plan outlines the six policy objectives of the plan. Staff believes the following objectives are the most germane to this application. 1) Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 3) Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds') through new lodging products. 4) Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 5) Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. Staff believes the proposed major exterior alteration conforms to these policy objectives. The project replaces an obsolete and unattractive parking deck, increases the live bed base and improves and pedestrianizes an existing alley, largely dominated currently by automobiles. Chapter 4: Master Plan Recommendations Chapter 4 of the Lionshead Redevelopment Master Plan provides specific recommendations related to physical and visual connections, public transportation, vehicular and pedestrian circulation, housing, public art and live beds. Staff has included for discussion only those recommendations that are relevant to the proposed expansion and remodel. Section 4.8 of the Lionshead Redevelopment Master Plan addresses parking. The project proposes to replace existing parking, in compliance with Section 12- 10-3 of the Vail Town Code, provide the required parking the residential uses and provide additional parking to increase the overall Lionshead inventory. Section 4.9 of the Lionshead Redevelopment Master Plan addresses employee housing. The applicant is proposing to mitigate the housing needs created by the new residential project with three onsite Employee Housing units (EHUs). The housing requirement generated by the proposal is: New Residential GRFA 24,590 square feet of GRFA X 10% mitigation rate = 2,459 square feet of EHU required Project proposes three (3) EHUs totaling 2,984 square feet Section 4.13 of the Lionshead Redevelopment Plan addresses the need for the maintenance, preservation and enhancement of the live bed base. The live bed base is critical to the success of Lionshead and special emphasis has been placed on the importance of increasing the number of live beds as the area undergoes redevelopment. In keeping with this goal, the project has included a lobby, sitting room, fitness facility and outdoor patio/hot tub space that will provide on-site facilities typically associated with hotels. Short-term rentals of units will be permitted by the project covenants and owners will be permitted to rent units via AirBNB-type services or will be able to utilize on-site management for short-term rentals. Office space provided on the main level will be staffed throughout the day and will facilitate check-in for short-term guests. It should be noted that, per Section 4.13 of the Lionshead Redevelopment Master Plan, applications for new development or redevelopment which maintain, preserve, and enhance the live bed base in Lionshead have a significantly greater chance of approval in the development review process than those which do not. Chapter 5: Detailed Plan Recommendations Section 5.7.5 of the Lionshead Redevelopment Master Plan addresses specific recommendations for the Lions Pride Building and Parking Deck: 5.7.5 Lions Pride Building and Parking Deck The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both visually and physically), their redevelopment and compliance with the Master plan should be considered a priority. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. The project responds directly to these recommendations through the redevelopment of an unsightly parking deck, improvements to the existing alleyway and the replacement of all existing parking within the redevelopment. Chapter 7: Development Standards This major exterior alteration application conforms to the development standards of both the Lionshead Redevelopment Master Plan and the Lionshead Mixed Use 1 District with the exception of the requested rear setback variance. Chapter 8: Architectural Design Guidelines This chapter of the Lionshead Redevelopment Master Plan addresses required architectural considerations in both the general and the specific. Staff, with the assistance of the PEC, has worked closely with the applicant on an architectural approach that addresses both. The project provides a link to historical alpine references and Vail Village precedents while incorporating contemporary approaches. To the specific, the project has addressed all relevant recommendations concerning building massing and form, wall surfaces and materials, balconies, windows and doors, roofs, chimneys and detailing. Staff finds this criterion to be met. 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, Staff Response: Staff has reviewed the proposal in an attempt to identify any significant negative impacts that may be created on the character of the neighborhood as a result of the construction of the project. The proposal conforms to the development standards of the Lionshead Mixed Use 1 District, with the exception of the requested variance to the rear setback, and is not anticipated to have a negative effect on the character of the neighborhood. Staff finds this criterion to be met. 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Staff Response: Staff has reviewed the Vail Comprehensive Plan to determine which elements of the Plan apply to the review of this proposal. Upon review of the Plan, Staff has determined that the following elements of the Plan apply: Transportation Master Plan (adopted 1993) Lionshead Redevelopment Master Plan (adopted 1998) The project is subject to the recently adopted Transportation Impact Fee Residential Dwelling Units, Two Family or Multiple Family (In the Core Area) 9 units x $5,066.00 / unit = $45,594.00 Transportation Impact Fee= $45,594.00 *The actual fee in lieu will be determined at the time of building permit review and is subject to change. Staff also believes this proposal complies with the applicable elements of the Lionshead Redevelopment Master Plan (refer to criteria #2 above). In summary, Staff believes that the applicant has presented evidence that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 District, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan, that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Staff finds this criterion to be met. X. STAFF RECOMMENDATIONS Variance: Based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission approve, with one condition, a variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0018). Should the Planning and Environmental Commission choose to approve, with one condition, this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicants' request for a variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0) where ten feet (10) is required for a new multifamily structure, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve, with one condition, this variance request, the Community Development Department recommends the Commission applies the following condition: 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. Should the Planning and Environmental Commission choose to approve, with one condition, this variance, the Community Development Department recommends the Commission make the following findings: 'Based upon the review of the criteria outlined in Section Vll of the staff memorandum to the Planning and Environmental Commission dated July 9, 2018, and the evidence and testimony presented, the Planning and Environmental Commission finds: The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Lionshead Mixed Use 1 (LMU-1) District; 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and 3. This variance is warranted for the following reasons.- a. easons: a. The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code,- b. ode, b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variances that do not apply generally to other properties in the Lionshead Mixed Use 1 (LMU-1)District; and c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicants of privileges enjoyed by the owners of other properties in the Lionshead Mixed Use 1 (LMU-1) District." Maior Exterior Alteration The Community Development Department recommends approval, with conditions, of this request for a Major Exterior Alteration pursuant to Section 12-7H-7, Exterior Alterations and Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto Staff's recommendation is based upon the criteria outlined in Section IX of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this exterior alteration or modification request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for a Major Exterior Alteration pursuant to Section 12-7H-7, Exterior Alterations and Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0016)" Should the Planning and Environmental Commission choose to approve this Major Exterior Alteration request, the Community Development Department recommends the Commission imposes the following conditions: 1. Approval of this project is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. The Transportation Impact Fee shall be paid to the Town of Vail by the applicant prior to issuance of any building permit. 3. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record deed restrictions, in a form approved by the Town Attorney, for the on-site employee housing units (EHUs). Should the Planning and Environmental Commission choose to approve the exterior alteration request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section IX of the Staff memorandums to the Planning and Environmental Commission dated July 9, 2018, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. That the proposed Major Exterior Alteration is in compliance with the purposes of the LMU-1 district as specified in section 12-7H-1 of the Zoning Regulations, and 2. That the proposal is consistent with applicable elements of the Vail Comprehensive Plan, and 3. That the proposal does not otherwise negatively alter the character of the neighborhood. " XI. ATTACHMENTS A. Vicinity Map B. Applicant Narrative, June 29 2018 C. Project Plan Set, June 19, 2018 D. Link to Lionshead Redevelopment Master Plan https://www.vailgov.com/Portals/0/docs/communitv%20development/Planninq%20Pr oiects/Lionshead%20Master%20PIan/Lionshead-Redevelopment-Master-Plan- 20180328.pdf 7W T4 - -------- - I Battle Mountain LLC/534 East Lionshead Circle Elevation April 30, 2018, revised June 4 and June 29 I. INTRODUCTION The purpose of this report is to provide information on Battle Mountain LLC's proposed development of Elevation, a residential condominium at 534 East Lionshead Circle. Information provided herein has been prepared in accordance with procedures prescribed by the Town of Vail development review process. Elevation is located on a parcel of land (Lot 2A and Tract K as depicted on the proposed Minor Subdivision), that for many decades included a portion of a two-level parking structure located along East Lionshead Circle. This parking structure will be removed in order to facilitate this redevelopment. Elevation includes three levels of underground parking, a six -level residential building and related site and landscape improvements. The adjoining property to the west (Lot 1A as depicted on the proposed Minor Subdivision), is pursuing a similar residential development. While separate projects, these two land owners have been coordinating their design and redevelopment efforts and two of the applications submitted herein pertain to both projects. Elevation/534 East Lionshead Circle Development Applications Page 1 Four development applications have been submitted: • Exterior Alteration application for the proposed condominium building and site improvements, • Minor Subdivision application to formalize the division of land for the subject parcel and four surrounding parcels, • Variance application for a rear setback variance, and • Amendment to the Town's Parking Pay in Lieu map. Each of these applications are described in detail below. Information provided in this report is presented in the following sections: I. Introduction II. Project Overview and Background III. Description of Project IV. Conformance with Applicable Review Criteria 1. Exterior Alteration 2. Minor Subdivision 3. Variance Request 4. Amendment to Parking Pay in Lieu V. Appendix 1. Minor Subdivision The Exterior Alteration and Variance applications have been submitted on behalf of Battle Mountain LLC (BMLLC). These applications pertain to proposed Lot 2A and Tract K. Applications for a Minor Subdivision and Parking Pay in Lieu Map amendment have been submitted on behalf of both BMLLC and Lazier Lionshead LLC (Bob and Diane Lazier, herein referred to as Lazier), owners of adjoining parcels. The minor subdivision and pay -in -lieu amendment applications pertain to land on which the BMLLC project is located and land on which Lazier's future development will be located. While the subject property is owned by BMLLC, the development of Elevation will be done by Launch Development Inc. (a BMLLC affiliate), in conjunction with Mountain Meadow Homes. On the following page is a project vicinity map depicting the properties party these applications and a site plan of Elevation Elevation/534 East Lionshead Circle Development Applications Page 2 Sunbird Park j *- Liffhouse Project Vicinity Map "Fr Rrl tt r IN ti � r i e•m• war caras�r YANTAeE PVIIYT ear.cwe+rsros �ruiwwr VA11 COM."10MfFNL!43 ro +ee�. euwc .µre ri..+�w avr o' Rur LIONShCAO .r, �c r y 'yewwor 1 0MCLE r LA" ,A LOT 2 A �:rV.,,,o.m oosnu n.ane rmes�,w� i � � J � .`- ww• LOT 1 A - ��,:�, DOI s tpsrn�s .. .��.PARM s swags � s Illustrative site plan of BMLLC's proposed development of Elevation Elevation/534 East Lionshead Circle Development Applications Page 3 II. PROJECT OVERVIEW and BACKGROUND Background on Parking Structure and Division of Land The existing parking structure was developed in the early 1970's and over the years has provided parking for the Lionshead Arcade, Vail 21, Lifthouse Lodge and other individuals. The structure is located on two parcels of land that were described and deeded in the 1970's based on legal descriptions. These parcels were originally part of Lots 1, 2, 3 and Tract F, Block 1 of the Vail Lionshead Subdivision, but this division of land did not go through a formal subdivision process. The western 2/3rd of the parking structure is owned by Lazier and the eastern 1/3 rd is owned by BMLLC. BMLLC and Lazier own equal interests in proposed a common access parcel that provides access to both development parcels (depicted as Tract K on proposed minor subdivision). The proposed Minor Subdivision will formalize the subdivision of the two parcels that currently accommodate the parking structure, the commonly owned access parcel, and two other small, adjoining parcels. Redevelopment Coordination BMLLC and Lazier have been coordinating over the past year on the redevelopment of there respective parcels. This collaboration will include the demolition of the top deck of the existing parking structure this spring/summer. Subject to obtaining approvals from the Town, BMLLC intends to initiate construction of their redevelopment in the Spring of 2019. Lazier intents to submit development applications in the near future but has no definitive timeline for their redevelopment. The BMLLC and Lazier projects will share a common access drive off East Lionshead Circle. This access is proposed in the same location as the drive aisle that serves the existing parking structure. Both projects will include below grade parking and condominium buildings located above the parking. The parking level of the BMLLC project has been designed with a 0' setback on the rear, or west side of the site which will allow for the Lazier project to build to the same 0' setback line. Once constructed, each project will include outdoor spaces above the parking levels of each building. The sketch on the following page provides a depiction of how the coordinated design of the Elevation and Lazier projects can provide a shared outdoor plaza and a unified site/landscape plan. Elevation/534 East Lionshead Circle Development Applications Page 4 • 1 K� � ae O 911 Conceptual / / / I' plan I Elevationand the future Lazierproject. Zoning and Surrounding Land Use The BMLLC project is zoned Lionshead Mixed Use —1 (LHMU1) and except for the 0' rear setback (for the parking level only), has been designed in compliance with development standards prescribed by the LHMU1 zone district. The two development parcels (Lots 1A and 2A on the proposed minor subdivision) both comply with the minimum lot size as prescribed by LHMU1. The BMLLC property is bordered by LHMU1 zoned lands on the north, south and west sides. Each of these properties have been developed with residential or mixed-use projects. To the east is the Town of Vail Lionshead Parking Structure. Site Area As per the Town Zoning Code, the definition of "lot or site" is: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. For the purposes of this development application, the "lot or site" for the BM LCC development includes both Lot 2A and Tract K. This results in a total site area of 13,677 square feet (10,367 square feet from Lot Al and 3,310 square feet from Tract K). This Elevation/534 East Lionshead Circle Development Applications Page 5 means all development standards for the project are based on the total site area and boundary of both parcels. A letter from Lazier that authorizes BMLLC's use of Tract K as part of its "lot or site" has been provided under separate cover. Note that an agreement between BMLLC and Lazier stipulates that BMLLC will limit its Gross Residential Floor Area (GRFA) to what is permitted based on the site area of Lot 2A (10,367sf, or 25,917sf of GRFA). Elevation/534 East Lionshead Circle Development Applications Page 6 VANTAGE POINT �i CONDOMINIUMS (R.N. 12:7]19) V � 7 .SPT um[. -R=217_i �:' L=59-63' e,�=f vaTMiiEn s- ' - �- CH=52',:'S5"E 59.44' 1 J _ — ___ LOT2As$� p - - =EflC> = r m -v: •.+iE F ....TRACT K IL \� - F J7:, EOUNo GO[J[REIE STAKE N89'OS'4J� C.54' l Pcx CONweR VAIL 21 l f�CJK 224, PAGE 491) l Shaded area indicates the site area for Elevation. Elevation/534 East Lionshead Circle Development Applications Page 6 III. DESCRIPTION OF PROJECT Four development applications have been submitted for this project: Exterior Alteration This review process is prescribed by the LHMU1 zone district and applies to any new development that among other things adds dwelling units or more than 1,000 square feet of floor area. The Exterior Alteration review process evaluates the project's compliance with the purpose of the LHMU1 zone district and applicable development standards of the zone district, how the project complies with applicable elements of the Lionshead Redevelopment Master Plan and potential impacts of the project on the surrounding neighborhood. Minor Subdivision The subject properties were divided in the early 1970's and have been under separate ownership since that time, but they were not formally subdivided. The Minor Subdivision has been proposed to formalize this division of land and is essentially a housekeeping item. The main considerations in evaluating a minor subdivision is to ensure that the parcels to be created meet minimum lot size standards, have access, will allow for orderly development and that the subdivision complies with the Town's development objectives. Below is a diagram depicting the proposed subdivision. BMLLC/Lazier Plat Exhibit .t RMUBDIVNION OF A PART OF LOTS L 2 3 AND TRACT E DIDCK 1 TONY OP V" COUM OF EAGLE. !TATE OF COLORACO �i i LVA 2A'yy V BM6 R ld 4A Ire IK \ IIMIICM1 xn�'� \ i Elevation/534 East Lionshead Circle Development Applications Page 7 Rear Setback Variance As described above, coordination between BMLLC and Lazier has been ongoing for the past year. Upon completion, these two projects will provide a unified design solution. They will, however, be developed on independent timelines. It is expected that BMLLC will be the first to move forward. The uppermost parking level for each project is located at the grade with the common access drive. The western end of Elevation's top parking level is proposed to be at the project property line, or with a 0' side setback. This has been done to allow the design of Lazier's top parking level to be located at its easterly property line, or with a 0' side setback. The benefit of this approach is that it eliminates a 20' separation between parking structures that is otherwise required by setback regulations. The two abutting 0' setback conditions will only occur at the parking level. The adjoining parking structures will allow for development of outdoor space on Lazier's project that will link to Elevation's outdoor space. A rear setback variance is necessary to allow for this solution. Below is a diagram demonstrating at a conceptual level the final condition with the 0' setback upon completion of Lazier's project. zi -�-- as mac.. .a 1x-ar u., :a i` I IN �I I The elevation above depicts the final O'setback condition upon completion of Elevation the Lazier project Elevation/534 East Lionshead Circle Development Applications Page 8 Amendment to Parking - Pay in Lieu Map The Town's parking regulations establish Pay in Lieu Parking Zones that identify properties that are required to "pay in lieu" of providing on-site parking. Such properties are identified in Vail Village and Lionshead and in most cases include properties that do not have frontage on a public right of way (like the Lionshead Arcade) or properties that are located along pedestrian streets (like the Wall Street Building in Vail Village) where vehicular traffic is undesirable. Even though they have direct access on a public right-of-way, both the BMLCC and Lazier properties are mapped as pay in lieu properties. A code amendment is proposed to amend the Parking Pay in Lieu Map to remove these properties from this map designation. A map depicted these parcels is provided on page 12. Development Program Below is a description of the main elements of the proposed project. The project's conformance with applicable review criteria for each of the four development applications is found in Section IV. of this report. Residential Condominiums Nine residential condominium units with a total of 24,590 square feet of GRFA are proposed. Employee Housing Units Three employee housing units (EHU's) comprised of 2,984 square feet are proposed. This exceeds the Inclusionary Housing requirement by 525 square feet. Lobby/Common Areas and "live beds" 3,290 square feet of interior common area is provided. This includes lobby, sitting room, fitness center and office space on the main level of the building. Owner's storage and ski lockers space is provided on the main parking level. In keeping with the "live bed" goals of the LHMP, the lobby, sitting room, fitness facility and outdoor patio/hot tub space will provide on-site facilities typically associated with hotels. Short-term rentals of units will be permitted by the project covenants. Owners will be permitted to rent units via AirBNB-type services or will be able to utilize on-site management for short-term rentals. Office space provided on the main level will be staffed throughout the day and will among other things facilitate check-in for short-term guests. Elevation/534 East Lionshead Circle Development Applications Page 9 Parking As outlined in a 1972 letter from the Town of Vail, the existing parking structure was built to provide parking for three adjacent projects. Elevation will replace existing parking and provide for the new parking demand from the proposed development. The existing structures and surface parking located on Lot A2 and a portion of Tract K (the Launch project) provides 52 parking spaces. Proposed development of nine condominiums and three EHU's requires 17 spaces for a total of 69 spaces. The parking structure will provide a minimum of 69 on-site spaces. Parking will be provided on three below grade levels and six additional spaces at the main entry to the parking structure. A total of 93 parking spaces are depicted on proposed plans. It should be noted that this is a maximum potential parking number. As project design progresses and more is known about structural, mechanical and other design considerations, it is anticipated that less than 93 spaces will be provided. However, under any circumstance a minimum of 69 spaces will be provided in order to meet zoning requirements. A fully automated parking system is proposed. A fully automated parking garage is a mechanical system designed to minimize area/volume required for parking vehicles. An automated parking garage utilizes mechanics made up of motors, chains, pulleys and pallets to transport vehicles within the parking system rather than the driver doing so. The driver pulls into a loading bay that looks very similar to a garage and parks their car on what is essentially a pallet. The driver then leaves their vehicle and using a nearby kiosk (with a fob or ticket) instructs the system to park the vehicle. The loading bay door then closes and the pallet and vehicle are automatically moved to its designated parking space. When the driver is ready to retrieve their vehicle, they will insert their parking ticket into the kiosk (or use their fob) which would trigger the retrieval of their vehicle. There will be monitors in the lobby that will let the driver know which bay their vehicle will be arriving in. The vehicle will be delivered facing out so that the driver does not have to back up out of the bay; this allows ease of exit as well as expedites the retrieval process. Six enclosed parking spaces are located next to the parking system loading bay. These spaces provide parking for users who want to park on-site but need time before using the parking system. These spaces will allow condominium owners or short-term renter to check in, unload personal items, etc. before parking. Site Design The building's primary pedestrian orientation is to the east with an entry stairs and front door located along East Lionshead Circle. Landscaping along the road is proposed to define spaces and "soften" the building. Pedestrian access is also provided on the south Elevation/534 East Lionshead Circle Development Applications Page 10 side of the building. Vehicular access will be via the existing shared access corridor. This corridor will serve two purposes: • Provide vehicle access to the BMLLC project, to Lazier's future project to the west and to the Lifthouse Lodge and a small surface parking lot adjacent to Vail 21, and • Improve the existing east/west pedestrian route between East Lionshead Circle and Lionshead. To enhance the pedestrian aspect of this corridor, landscaping on both sides of the drive and a decorative paving pattern to define a pedestrian walkway are proposed. The lobby or main level of the BMLLC project includes an outdoor space or terrace on the west side of the building. The uppermost parking/car entry level is one floor below this terrace level. Lazier's project will have a similar outdoor space on the east side of its building. The BMLLC terrace is design such that when Lazier's project is constructed, the terraces will "merge" the two projects and create a unified outdoor plaza space. Refer to page 5 for a conceptual depiction of how the design of these two projects is being coordinated. Development Standards A summary of development standards as prescribed by the LHMU1 zone district and development standards proposed by this project are provided below. Gross Residential Floor Area LHMU1 allows for 250 square feet of GRFA for every 100 square feet of site area. The proposed site area of .314 acres (inclusive of Tract K and Lot 2A) would allow for 34,192 square feet of GRFA. 24,590 square feet of GRFA are proposed. It should be noted that an agreement with Lazier limits GRFA on Lot A2 to what is allowable based on the area of just Lot A2 (exclusive of Lot K). Lot A2 is .238 acres or 10,367 square feet and allow for 25,917 square feet of GRFA. The 24,590 square feet of proposed GRFA is 1,327 square feet less that what is permitted by the site area of Lot 2A. Density LHMU1 allows 35 dwelling units per acre. The .314 acre site allows for 10.99 dwelling units. Nine dwelling units are proposed. Building Height Maximum allowable absolute height is 82.5' and maximum average height is 71'. The proposed building has an absolute maximum height of 81.0 and average height of 70.8'. Elevation/534 East Lionshead Circle Development Applications Page 11 Setbacks Setbacks in LHMU1 are 10' on all sides. Proposed setbacks are: Front (along East Lionshead Circle) —10' Side —10' on north, 29' on south Rear — 0' (this variance is discussed above and in Chapter 4-Comformance with Applicable Review Criteria) Site Coverage LHMU1 allows for 70% site coverage, or 10,941 square feet. Proposed site coverage is 8,020 square feet, or 58.6% Landscaping LHMU1 requires 20% of a site to be landscaped, or 2,735 square feet. Proposed landscape area is 2,760 square feet. Note that this landscape area is softscape area only, it does not reflect any decorative hardscape areas (of which up to 20% of the landscape requirement can be). Parking and Loading 52 spaces currently existing on the site and the proposed development requires 17 new spaces, for a total requirement of 69 spaces. A minimum of 71 on-site spaces will be provided. While plans indicate 93 spaces, it is assumed that as design progresses structural, mechanical and other considerations will reduce the number of spaces that can be achieved. At a minimum 71 on-site spaces will be provided. There is no commercial development in the project and as such loading needs will be very minimal, limited to move in/move out of the residential units. The loading facility at the Arrabelle was over -sized to provide loading for adjacent properties. If needed, the Arrabelle facility could be utilized. Diagrams depicting building height, site coverage, setbacks and landscaping are found in the project plan set that has been provided under separate cover. Employee Housing Section 12-24-2 Employee Housing Requirements establishes a mitigation rate of 10% of the total new GRFA proposed by a project. 25,917 square feet of GRFA are proposed, resulting in an inclusionary employee housing requirement of 2,459 square feet. The code requires that a minimum of 50% of this requirement be provided on-site. Elevation/534 East Lionshead Circle Development Applications Page 12 Employee Housing Mitigation Plan Three on-site EHU's totaling 2,984 square feet are proposed. This mitigation will provide 100% of required housing on-site and will exceed code requirements by 525 square feet. Parking — Pay in Lieu Parking Map The purpose of this provision in the parking section of the zoning code is for properties that do not have access to a public street or are located where the Town does not want to generate vehicular traffic to pay into a fund for any new parking demand in lieu of providing parking on-site. For unknown reasons, the parcels on which the parking structure is located are included on the Pay in Lieu Parking Map, meaning that by code on-site parking is technically not permitted. For the following reasons, it is assumed that this mapping was done in error: • The subject properties have legal access to East Lionshead Circle, • Vehicle access to the site does not directly interfere with established pedestrian corridors, • Parking was in place on the subject parcels when the map was prepared, and • The Lionshead Redevelopment Master Plan suggests that with the redevelopment of the subject properties that on-site parking be retained, and a ground rule of the master planning process was that there be no net loss of existing parking in Lionshead. • Zoning requires that the amount of existing parking not be reduced The proposed amendment would remove the subject properties from the Parking Pay in Lieu Parking Map and would allow the properties to provide parking on-site. The properties proposed to be removed are depicted on the map below and are the same parcels addressed by the proposed Minor Subdivision. Elevation/534 East Lionshead Circle Development Applications Page 13 qe Point. ► a i C I LiftVail 21 f 'Lionsh6ad Abel I at g ;JrS Lionshead Center r r _ Amendment to Parking Pay in Lieu Zones Core Area Parking Map WN Ar Proposed Commercial Core Area (EverVail) Commercial Core Area Pay -in -Lieu Properties Existing Pay in Lieu Parking Zones Elevation/534 East Lionshead Circle Development Applications Page 14 CONFORMANCE WITH APPLICABLE REVIEW CRITERIA Below is a summary of how the proposed project conforms to applicable review criteria for each of the four development applications. EXTERIOR ALTERATION It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is: 1. In compliance with the purposes of the Lionshead mixed use 1 district, Response The purpose of the LHMU1 district is: 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. The proposed project is the initial phase of redevelopment of a distressed property that is identified by the Lionshead Redevelopment Master Plan (the Plan) as a priority for redevelopment. The project is very much consistent with the purpose of the LHMU1 zone district. 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan, and The Lionshead Redevelopment Master Plan (LRMP) is an extensive and detailed planning document. Below are highlights of how the proposed project is consistent with main elements of the Plan from Chapter 2 — Policy Objectives, Chapter 4 — Overall Study Area Recommendations, Chapter 5 — Detailed Plan Recommendations and Chapter 6 — Site Design Guidelines. Chapter 2 — Policy Objectives Of the six broad policy objectives outlined in the Plan, three are applicable to this project: Elevation/534 East Lionshead Circle Development Applications Page 15 2.3.1 Renewal and Redevelopment The project will replace a dilapidated above grade parking structure with below grade parking and a new residential building. 2.3.4 Improved Access and Circulation An outcome of this project is the removal of a vehicular access point on East Lionshead Circle and significant site/aesthetic enhancement to the east/west pedestrian corridor south of the proposed building. 2.3.5 Improved Infrastructure The project will restore parking that had been provided in the two-level parking structure. Chapter 4 — Overall Study Area Recommendations This chapter of the LRMP addresses broad level considerations that affect Lionshead as a whole. Examples of these include view corridors, Lionshead's main "hubs", connection with Gore Creek and the natural environment, connection with Vail Village, public transportation and other considerations. Most of these considerations are not directly relevant to the proposed development. This is likely due to two factors — the limited scope of the proposed redevelopment and the fact that the project is located outside of the Lionshead core area and major pedestrian streets. One relevant consideration is with respect to how the LHMP addresses the goal for "live beds". Consistent with the LRMP and as described on page 8, Elevation will include typical hotel facilities such as a lobby, sitting room and fitness facilities. Project covenants will allow for short-term rentals of condominiums and an office with staff to assist with rentals is provided in the lobby. Chapter 5 — Detailed Plan Recommendations Chapter 5 examines individual parcels and groups of parcels and identifies important functional relationships and objectives to be considered in redevelopments. Specific considerations from the LRMP relevant to this proposal include: 5.7.5 Lions Pride Building and Parking Deck The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both visually and physically), their redevelopment and compliance with the Master plan should be considered a priority. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be Elevation/534 East Lionshead Circle Development Applications Page 16 replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. The proposed project addresses this objective. Landscaping and decorative pavers are proposed to create a more pleasing pedestrian walkway while also providing for vehicular use. The LRM specifically identifies this property as not being an appropriate site for retail, nor for a gateway, portal or other urban design features that may be appropriate elsewhere in Lionshead. Chapter 6 — Site Design Guidelines This chapter described detailed design elements will lend character and quality to the overall fabric of public spaces and to the desired hierarchy of pedestrian spaces. The proposed project is not located within the Primary Pedestrian Mall nor the Secondary Pedestrian Mall area. There are no Primary Pedestrian Streets adjacent to the site. As such, many elements of this chapter are not applicable to this site. The existing alley on the south side of the project is a Primary Pedestrian Walk. This corridor will include a decorative walking surface to define pedestrian flow. The height of some landscape walls will allow for seating. As suggested by the LRMP, trash and recycling facilities are located within the building. Chapter 8 —Architectural Design Guidelines The LRMP includes an extensive number of architectural guidelines to be addressed in the design of any new project in Lionshead. These guidelines include very general, subjective comments such as "the image for Lionshead should move towards the future — using historical alpine references and Vail Village as antecedents" or "the middle of buildings within Lionshead shall read as "quiet" masses". The guidelines also include more specific, quantified guidelines such as prescribed stepbacks in wall planes and the dimension of roof overhangs. Since the LRMP was adopted a handful of new projects have been constructed, among them are the Arrabelle, the Ritz Residences, the Visitor Center and the Lion. These four examples each express their own unique architectural style. While they may vary in their expression, each are in common with respect to how they respond the specific elements of the LRMP architectural guidelines. Below highlight key features of how Elevation responds to some of the major elements of the architectural guidelines: Elevation/534 East Lionshead Circle Development Applications Page 17 Building Massing and Form The building has a prominent and solid "base" defined by the use of stone, columns and building off -sets. The middle portion of the building utilizes two primary materials and is "quiet". Structural expression at roof eaves anchors the roof to the building. On the north and south elevations dormers extend to the face of the wall below and in doing so integrate the roof with the wall plane. Wall surface criteria Wall plans are broken up with use of building stepbacks, changes of materials, secondary roof overhangs and balconies. Wall materials and colors Wall materials "play off of" the neighboring Visitor Center and are organized to define the base and middle of the building. Balconies Balconies express structure that integrate them to the building. Balconies are designed in response to adjacent wall planes and building materials. Windows and Doors Windows are recessed in stone walls and headers are used at appropriate locations. Doors for pedestrian entries utilize wood frames and are high quality and "heavy". Detailing Examples of detail include recessed windows in stone walls, steel c -channel window headers, timber/steel support elements at balconies and secondary roof features, corten as secondary wall material, turnbuckle roof features and ornamental lighting. 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. Response Neighborhood character in terms of the built environment is established by the development standards prescribed by the LHMU1 zone district. These standards were created to implement the goals of the Lionshead Redevelopment Master Plan. The project has been designed to conform to these standards and as such the project will be consistent with the character of the neighborhood. The proposed project will not have significant negative effects on the character of the neighborhood. Elevation/534 East Lionshead Circle Development Applications Page 18 The Exterior Alteration review process also obligates projects to address the Mitigation of Development Impacts. Section 12-71-1-18 states: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases, mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: employee housing per the town's current employee housing policy, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off-site impacts. Elevation includes the following improvements to mitigate the impact of the proposed development: Employee Housing The square footage of proposed on-site employee housing exceeds the town's codified EHU requirement by 525 square feet. The three proposed EHU's include 2,984 square feet, 21.3% more than what is required by code. Pedestrian Walkway Improvements The existing sidewalk along East Lionshead Circle will be replaces with a new, heated walkway, greatly enhancing the pedestrian experience in this area. Streetscape Improvements The existing alley that provides site access to Elevation and surrounding properties will be heated and incorporate a paver sidewalk to accommodate pedestrian traffic within this shared vehicle/pedestrian corridor. The improvements above will more than offset the impacts of this modest development proposal. MINOR SUBDIVISION The following are review criteria for a minor subdivision, as outlined in Section 13-3-4, Commission Review of Application; Criteria and Necessary Findings, Vail Town Code: Elevation/534 East Lionshead Circle Development Applications Page 19 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Response The proposed subdivision is consistent with 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. By way of example, Goal 1.3 of the Vail Land Use Plan states "the quality of development should be maintained and upgraded whenever possible." If approved, the proposed subdivision will facilitate the upgrading and redevelopment of this property. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations," of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and Response The proposed subdivision is in compliance with the standards of Title 12, Zoning Regulations, Vail Town Code, and Title 13, Subdivision Regulations, Vail Town Code. Lots 1A and 2A are both consistent with minimum lot size as prescribed by the LHMU zone district. Track K, the common access parcel is necessary to provide access to East Lionshead Circle. Tracts L and M are platted as tracts. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Response These parcels were established by legal descriptions and deed and have been in existence for many decades. This subdivision will formalize the status of these parcels and in doing so the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed subdivision will not negatively impact the existing relationship among surrounding land uses. 5. The extent of the effects on the future development of the surrounding area; and Response Formalizing the subdivision of these parcels that have been in place for many decades will have no effect on the future development of the surrounding area. 6. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Elevation/534 East Lionshead Circle Development Applications Page 20 Response The proposed subdivision will not cause any inefficiency in the delivery of public services and will not require duplication or premature extension of public services and will not result in a leapfrog development pattern because the applicant is proposing a subdivision of existing platted lots already served by public facilities. 7. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and Response The proposed subdivision is currently served by appropriately sized utility lines, resulting in no future land disruptions to upgrade undersized lines. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Response The proposed subdivision formalizes previous divisions of land and in doing so will provide for the growth of an orderly viable community and serves the best interests of the community as a whole. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Response The subject property is currently developed with parking facilities. The proposed subdivision will not result in any adverse impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. Response n/a VARIANCE The purpose and need for the rear setback variance is described in detail on page 7 above. Below is response to findings that must be made with respect to this request. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: Elevation/534 East Lionshead Circle Development Applications Page 21 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Response The level of the building proposed to be within the rear setback is below grade on the east and north sides, and above grade on the west and south. Upon completion of the adjoining Lazier project the only exposed portion of building within the setback area will be on the south and as viewed from the north the building within the setback will not be discernible. As such, the setback encroachment presents no adverse impacts on other existing or potential uses and structures in the vicinity. To the contrary, the proposed 0' will allow for a unified plaza design between Elevation and the adjoining Lazier project is developed. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Response Design of the BMLLC and Lazier projects will create an outdoor plaza space to be created between the two buildings. The 0' setback proposed for the parking level below the outdoor space will allow for the integrated design of this space. The Lazier project will propose the same 0' setback. Literal enforcement of the 10' setback would result in 20' of basically unusable space between the two projects and would prevent the creation of this outdoor space. While located on two separate parcels that are under separate ownership, the development of Elevation and the future Lazier project essentially represents the phased development of a unified and coordinated project (unified and coordinated via the shared access way, coordination on finished floor elevations, and by the outdoor plaza space between the two buildings). For all intents and purposes, upon project completion the common property line between these two parcels will be indiscernible. Due to current ownership the common property line cannot be eliminated, however, the property line and setback requirements prevent a design solution that would benefit site design and the immediate neighborhood (and would be possible were it not for the existing property line). Variation to the setback requirement is warranted to implement this design solution and in doing so would achieve compatibility and uniformity of treatment amount sites in the vicinity and would attain the objectives of this title without a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Elevation/534 East Lionshead Circle Development Applications Page 22 Response The proposed setback will have no adverse effect on the considerations listed above. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Response Town development standards in Vail Village and Lionshead allow for and at times encourage 0' setback conditions when the result will allow for a design that provides appropriate and desirable design solutions. The basis for this is that adherence to property line setbacks does not always result in the best design solution and that within reason, quality design that benefits the greater area should take precedent over arbitrary setback standards. The proposed 0' setback will allow for a unified design solution between the BMLLC and Lazier properties and is consistent with other examples where the Town has encouraged 0' setbacks. CODE AMENDMEN/PAY IN LIEU PARKING ZONE The purpose and need for the amendment to the pay in lieu parking map is described in detail on pages 7 and 8 above. Below is response to criteria to be considered with respect to this request. 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; Response The proposed amendment will simply remove four parcels from the Parking — Pay in Lieu Map. Currently the inclusion of these properties on pay in lieu map prevents the redevelopment and replacement of the existing parking structure. This is not consistent with the purposes of the pay in lieu provision of the zoning code. Nor is it consistent with the Town's development objectives. It is assumed that the map was done in error for the following reasons: • The subject properties have legal access to East Lionshead Circle, • Vehicle access to the site does not directly interfere with established pedestrian corridors, • Parking was in place on the subject parcels when the map was prepared, • The Lionshead Redevelopment Master Plan suggests that with the redevelopment of the subject properties that on-site parking be retained, and a ground rule of the master planning process was that there be no net loss of existing parking in Lionshead. Further, the master plan specifically encourages the redevelopment of this site and states that the "parking must be replaced". Elevation/534 East Lionshead Circle Development Applications Page 23 • Section 12-10-3 of the zoning code stipulates that the amount of existing/required parking not be reduced. This amendment will allow for the development of Elevation consistent with the master plan and zoning requirements. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vaii comprehensive plan and is compatible with the development objectives of the town; Response On-site parking is appropriate on the subject properties. The existing parking structure is unsightly, and the Lionshead Redevelopment Master Plan identifies this property for redevelopment. This amendment will allow for the inclusion of parking as a part of the redevelopment of these parcels. I The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; Response The Parking Pay in Lieu Map is an appropriate regulation, however the inclusion of these properties on the map is not appropriate. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Response Removing the subject properties from the map is necessary in order for parking to be main on the site. Removing the subject properties from the map will provide a harmonious, convenient and workable relationship among land use regulations that will be consistent with the town's development objectives. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. 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(PEC18-0017) ATTACHMENTS: File Name PEC18-0017 Staff Memo.pdf Attachment A. Vicinity Map.pdf B. Applicant Narrative June 29 2018.pdf Attachment C. Photos Part1.pdf Attachment C. Photos Part2.pdf Attachment D. Final Plat.pdf Attachment E. Public Comment.pdf Description Staff Memorandum Attachment A. Vicinity Map Attachment B. Applicant's Narrative, June 29, 2018 Attachment C. Photos_Part1 Attachment C. Photos_Part2 Attachment D. Final Plat Attachment E. Public Comment WEVAM Vkt AIL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 9, 2018 SUBJECT: A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property lines between two (2) development lots located at 500 & 534 East Lionshead Circle/Parts of Lots 1-3 and Tract E, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0017) Applicant: Lazier Lionshead LLC & Battle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence I. SUMMARY The applicants, Lazier Lionshead LLC & Battle Mountain LLC, represented by Braun Associates, Inc., request the review of a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a resubdivision of parts of Lots 1-3 and Tract E, Block 1, Vail/Lionshead Filing No. 1, alternatively known as Parcels C, F and L. 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 approval, of this application, subject to the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A), the applicant's narrative (Attachment B), property photos (Attachment C) and proposed plat (Attachment D) are attached for review. II. DESCRIPTION OF REQUEST The applicants, Lazier Lionshead LLC & Battle Mountain LLC, represented by Braun Associates, Inc., request the review of a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a resubdivision of parts of Lots 1-3 and Tract E, Block 1, Vail/Lionshead Filing No. 1, alternatively known as Parcels C, F and L. The purpose of the resubdivision is to formally plat a series of land exchanges that have occurred since the original platting of Lots 1-3, Block 1, Vail/Lionshead Filing No. 1 in 1970. Please see Attachment D for the proposed Final Plat. III. BACKGROUND Vail/Lionshead Filing No. 1 was approved by the Board of Trustees of the Town of Vail on April 27, 1970 and was subsequently recorded with the Eagle County Clerk and recorder on May 10, 1970. The recorded plat is shown below: W PhEUREft-SER0. r. f- .ems, In December of 1970, Kenneth Richards, a Registered Professional Engineer and Land Surveyor, provided the following exhibit that showed the delineation of a number of parcels in this vicinity. This exhibit is shown below: VAULIONSHFAD , FIRST FILING A SUBDIVI599N AND RESUBDIVISION OF PARTS OF VAIL VILLAGE, SECOND FILING PART OF SEC, 6AN07, TS 5_,ft80 W. 6TN PM_ EAGLE COUNTY, COLORADO PhEUREft-SER0. r. f- .ems, In December of 1970, Kenneth Richards, a Registered Professional Engineer and Land Surveyor, provided the following exhibit that showed the delineation of a number of parcels in this vicinity. This exhibit is shown below: The first formal subdivision regulations for the Town of Vail were adopted on January 12, 1970 via Ordinance No. 4, Series of 1970. This ordinance required that all division of land be subject to the regulations contained therein, whether a plat is recorded or not. It is not known if the Town of Vail formally approved any subdivision or lot line amendments following the original plat of Vail/Lionshead Filing No. 1. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code are applicable to this request: TITLE 12: ZONING REGULATIONS, VAIL TOWN CODE CHAPTER 12-2-2: DEFINITIONS OF WORDS AND TERMS (in part) DEVELOPMENT LOT. A delineation of property that may include one or more structures and/or lot(s) that collectively share dimensional and/or design standards or guidelines. Examples include, but are not limited to, a duplex property containing two (2) dwelling units, a condominium complex of one or more buildings or a multi -unit townhome style development that share dimensional (GRFA, site coverage, etc.) and/or design (unified architectural and landscape design) standards or guidelines. TITLE 13: SUBDIVISION REGULATIONS, VAIL TOWN CODE (in part) „s�lPl.. �m af,�,dF cer/, lor3 �.QT or ec bace l�[0� / ivo 2 s P The first formal subdivision regulations for the Town of Vail were adopted on January 12, 1970 via Ordinance No. 4, Series of 1970. This ordinance required that all division of land be subject to the regulations contained therein, whether a plat is recorded or not. It is not known if the Town of Vail formally approved any subdivision or lot line amendments following the original plat of Vail/Lionshead Filing No. 1. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code are applicable to this request: TITLE 12: ZONING REGULATIONS, VAIL TOWN CODE CHAPTER 12-2-2: DEFINITIONS OF WORDS AND TERMS (in part) DEVELOPMENT LOT. A delineation of property that may include one or more structures and/or lot(s) that collectively share dimensional and/or design standards or guidelines. Examples include, but are not limited to, a duplex property containing two (2) dwelling units, a condominium complex of one or more buildings or a multi -unit townhome style development that share dimensional (GRFA, site coverage, etc.) and/or design (unified architectural and landscape design) standards or guidelines. TITLE 13: SUBDIVISION REGULATIONS, VAIL TOWN CODE (in part) Chapter 4, Minor Subdivision, Title 13, Subdivision Regulations, of the Vail Town Code prescribe the review criteria for a request for a minor subdivision. Pursuant to Section 13-4-2, Procedure, Vail Town Code, the criteria for reviewing the final plat shall be as contained in Section 13-3-4, Commission Review of Application; Criteria and Necessary Findings, Subdivision Regulations, Vail Town Code. According to Section 13-4-2C, Review and Action on Plat, "The Planning and Environmental Commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the minor subdivision or the minor subdivision will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the Planning and Environmental Commission and subdivider". According to Section 13-3-4, Commission Review of Application; Criteria and Necessary Findings, Subdivision Regulations, Vail Town Code, (in part) "The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this chapter, the zoning ordinance and other pertinent regulations that the planning and environmental commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-3-3C of this chapter." V. SITE ANALYSIS Address: 500 and 534 East Lionshead Circle Legal Description: Lots 1-3, Block 1, Vail/Lionshead Filing No. 1 Zoning: Lionshead Mixed Use 1 (LMU-1) District Land Use Plan Designation: Lionshead Redevelopment Master Plan Current Land Use: Parking Structure and Commercial Building (Lions Pride) Geological Hazards: None Standard Allowed / Required Existing Proposed Lionshead Mixed Use 1 (LMU-1) Min. 10,000 sq. ft. Parcel L- 26,987 sq. ft. Lot 1A- 27,007 sq. ft. Parcel C- 10,379 sq. ft. Lot 2A- 10,367 sq. ft. Site Area Parcel F -3,323 sq. ft Tract K*- 3,311 sq. ft. Tract L- 2, 091 sq. ft. Tract M- 2,657 sq. ft. Front — 10' Front (E)— 18' TBD with Setbacks Side — 10' Side(N) — 10' Redevelopment Rear — 10' Side(S) — 5' Rear(W) — 0' Height 82.5 ft. max 25 ft.± TBD with Redevelopment Density 35 DUs/ per acre, or 76 units None TBD with VI. * Tract K to be included with Lot 2A for the future Development Lot for redevelopment purposes. SURROUNDING LAND USES AND ZONING on a 2.16 acre parcel. North: Redevelopment GRFA Max. 250/100 Buildable Site 96,231 sq. ft. TBD with West: Area or 236,085 sq. ft. Redevelopment Site Coverage Max. 70% of site area or Unknown TBD with 66,104 sq. ft. Redevelopment Parking/Loading TBD with Redevelopment No change TBD with Redevelopment Landscaping Min. 20% of site area or 18,887 >20% per previous TBD with sq. ft. planning documents Redevelopment * Tract K to be included with Lot 2A for the future Development Lot for redevelopment purposes. SURROUNDING LAND USES AND ZONING VII. REVIEW CRITERIA Zoning District Lionshead Mixed Use 1 (LMU-1) Lionshead Mixed Use 1 (LMU-1) General Use Lionshead Mixed Use 1 (LMU-1) The following are review criteria for a minor subdivision, as outlined in Section 13- 3-4, Vail Town Code: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff finds the proposed subdivision is consistent with all 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. Specifically, the subdivision assists in formalizing previous land exchanges into a coherent layout for future development. Staff finds the proposed subdivision meets this criterion. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; Staff finds that the proposed subdivision is in compliance with all standards of Title 13, Subdivision Regulations, and Title 12, Zoning Regulations, Vail Town Code. The resulting lots (1A and 2A) meet the existing development standards for the Lionshead Mixed Use 1 (LMU-1) District. The three platted Tracts (K, L and M are not stand Existing Use North: Lodging/Multi-Family South: Mixed Use East: Welcome Center West: Lodging/Multifamily VII. REVIEW CRITERIA Zoning District Lionshead Mixed Use 1 (LMU-1) Lionshead Mixed Use 1 (LMU-1) General Use Lionshead Mixed Use 1 (LMU-1) The following are review criteria for a minor subdivision, as outlined in Section 13- 3-4, Vail Town Code: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff finds the proposed subdivision is consistent with all 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. Specifically, the subdivision assists in formalizing previous land exchanges into a coherent layout for future development. Staff finds the proposed subdivision meets this criterion. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; Staff finds that the proposed subdivision is in compliance with all standards of Title 13, Subdivision Regulations, and Title 12, Zoning Regulations, Vail Town Code. The resulting lots (1A and 2A) meet the existing development standards for the Lionshead Mixed Use 1 (LMU-1) District. The three platted Tracts (K, L and M are not stand alone development lots, as noted, and must be combined with other parcels for the purposes of development. Staff finds the proposed subdivision meets this criterion. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; Staff finds the proposed subdivision presents a harmonious, convenient, workable relationship among land uses that is consistent with municipal development objectives. The subdivision clarifies previous land exchanges and establishes future development lots for the purpose of redevelopment. 4. The extent of the effects on the future development of the surrounding area; Staff finds the proposed subdivision will have no negative impacts on the future development of the surrounding area. The redevelopment of the surrounding area will not be affected by the proposed subdivision, which is largely a corrective measure. Staff finds the proposed subdivision meets this criterion. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; As this application is for a subdivision of existing platted parcels, staff finds the proposed subdivision will not cause any inefficiency in the delivery of public services and will not require duplication or premature extension of public services, and will not result in a leapfrog pattern of development. The subdivision does not create new lots but rather clarifies existing ownership boundaries. Staff finds the proposed subdivision meets this criterion. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; Staff finds the utility lines are sized to serve a complete build -out of the properties, which does not change with this subdivision. Staff finds the proposed subdivision meets this criterion. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; Staff finds that the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole as the subdivision clarifies previous land exchanges and positions the properties for future redevelopment. Staff finds the proposed subdivision meets this criterion. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; Staff finds the proposed subdivision will not result in any adverse impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Staff finds the proposed subdivision meets this criterion. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval of a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a resubdivision of parts of Lots 1-3 and Tract E, Block 1, Vail/Lionshead Filing No. 1, located at 500 and 534 East Lionshead Circle, 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 approve this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicants' request for a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a resubdivision of parts of Lots 1-3 and Tract E, Vail/Lionshead Filing No. 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this minor subdivision, the Community Development Department recommends the Commission makes the following findings: "Based upon a review of Section VII of the July 9, 2018 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. That the subdivision is in compliance with the criteria listed in Section 13-4 Minor Subdivision Vail Town Code; and 2. That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the subdivision 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. " IX. ATTACHMENTS A. Vicinity Map B. Applicant's Narrative C. Photos D. Proposed Final Plat E. Public Comment Tk J,� tp I Ar O , o� Battle Mountain LLC/534 East Lionshead Circle Elevation April 30, 2018, revised June 4 and June 29 I. INTRODUCTION The purpose of this report is to provide information on Battle Mountain LLC's proposed development of Elevation, a residential condominium at 534 East Lionshead Circle. Information provided herein has been prepared in accordance with procedures prescribed by the Town of Vail development review process. Elevation is located on a parcel of land (Lot 2A and Tract K as depicted on the proposed Minor Subdivision), that for many decades included a portion of a two-level parking structure located along East Lionshead Circle. This parking structure will be removed in order to facilitate this redevelopment. Elevation includes three levels of underground parking, a six -level residential building and related site and landscape improvements. The adjoining property to the west (Lot 1A as depicted on the proposed Minor Subdivision), is pursuing a similar residential development. While separate projects, these two land owners have been coordinating their design and redevelopment efforts and two of the applications submitted herein pertain to both projects. Elevation/534 East Lionshead Circle Development Applications Page 1 Four development applications have been submitted: • Exterior Alteration application for the proposed condominium building and site improvements, • Minor Subdivision application to formalize the division of land for the subject parcel and four surrounding parcels, • Variance application for a rear setback variance, and • Amendment to the Town's Parking Pay in Lieu map. Each of these applications are described in detail below. Information provided in this report is presented in the following sections: I. Introduction II. Project Overview and Background III. Description of Project IV. Conformance with Applicable Review Criteria 1. Exterior Alteration 2. Minor Subdivision 3. Variance Request 4. Amendment to Parking Pay in Lieu V. Appendix 1. Minor Subdivision The Exterior Alteration and Variance applications have been submitted on behalf of Battle Mountain LLC (BMLLC). These applications pertain to proposed Lot 2A and Tract K. Applications for a Minor Subdivision and Parking Pay in Lieu Map amendment have been submitted on behalf of both BMLLC and Lazier Lionshead LLC (Bob and Diane Lazier, herein referred to as Lazier), owners of adjoining parcels. The minor subdivision and pay -in -lieu amendment applications pertain to land on which the BMLLC project is located and land on which Lazier's future development will be located. While the subject property is owned by BMLLC, the development of Elevation will be done by Launch Development Inc. (a BMLLC affiliate), in conjunction with Mountain Meadow Homes. On the following page is a project vicinity map depicting the properties party these applications and a site plan of Elevation Elevation/534 East Lionshead Circle Development Applications Page 2 Sunbird Park j *- Liffhouse Project Vicinity Map "Fr Rrl tt r IN ti � r i e•m• war caras�r YANTAeE PVIIYT ear.cwe+rsros �ruiwwr VA11 COM."10MfFNL!43 ro +ee�. euwc .µre ri..+�w avr o' Rur LIONShCAO .r, �c r y 'yewwor 1 0MCLE r LA" ,A LOT 2 A �:rV.,,,o.m oosnu n.ane rmes�,w� i � � J � .`- ww• LOT 1 A - ��,:�, DOI s tpsrn�s .. .��.PARM s swags � s Illustrative site plan of BMLLC's proposed development of Elevation Elevation/534 East Lionshead Circle Development Applications Page 3 II. PROJECT OVERVIEW and BACKGROUND Background on Parking Structure and Division of Land The existing parking structure was developed in the early 1970's and over the years has provided parking for the Lionshead Arcade, Vail 21, Lifthouse Lodge and other individuals. The structure is located on two parcels of land that were described and deeded in the 1970's based on legal descriptions. These parcels were originally part of Lots 1, 2, 3 and Tract F, Block 1 of the Vail Lionshead Subdivision, but this division of land did not go through a formal subdivision process. The western 2/3rd of the parking structure is owned by Lazier and the eastern 1/3 rd is owned by BMLLC. BMLLC and Lazier own equal interests in proposed a common access parcel that provides access to both development parcels (depicted as Tract K on proposed minor subdivision). The proposed Minor Subdivision will formalize the subdivision of the two parcels that currently accommodate the parking structure, the commonly owned access parcel, and two other small, adjoining parcels. Redevelopment Coordination BMLLC and Lazier have been coordinating over the past year on the redevelopment of there respective parcels. This collaboration will include the demolition of the top deck of the existing parking structure this spring/summer. Subject to obtaining approvals from the Town, BMLLC intends to initiate construction of their redevelopment in the Spring of 2019. Lazier intents to submit development applications in the near future but has no definitive timeline for their redevelopment. The BMLLC and Lazier projects will share a common access drive off East Lionshead Circle. This access is proposed in the same location as the drive aisle that serves the existing parking structure. Both projects will include below grade parking and condominium buildings located above the parking. The parking level of the BMLLC project has been designed with a 0' setback on the rear, or west side of the site which will allow for the Lazier project to build to the same 0' setback line. Once constructed, each project will include outdoor spaces above the parking levels of each building. The sketch on the following page provides a depiction of how the coordinated design of the Elevation and Lazier projects can provide a shared outdoor plaza and a unified site/landscape plan. Elevation/534 East Lionshead Circle Development Applications Page 4 • 1 K� � ae O 911 Conceptual / / / I' plan I Elevationand the future Lazierproject. Zoning and Surrounding Land Use The BMLLC project is zoned Lionshead Mixed Use —1 (LHMU1) and except for the 0' rear setback (for the parking level only), has been designed in compliance with development standards prescribed by the LHMU1 zone district. The two development parcels (Lots 1A and 2A on the proposed minor subdivision) both comply with the minimum lot size as prescribed by LHMU1. The BMLLC property is bordered by LHMU1 zoned lands on the north, south and west sides. Each of these properties have been developed with residential or mixed-use projects. To the east is the Town of Vail Lionshead Parking Structure. Site Area As per the Town Zoning Code, the definition of "lot or site" is: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. For the purposes of this development application, the "lot or site" for the BM LCC development includes both Lot 2A and Tract K. This results in a total site area of 13,677 square feet (10,367 square feet from Lot Al and 3,310 square feet from Tract K). This Elevation/534 East Lionshead Circle Development Applications Page 5 means all development standards for the project are based on the total site area and boundary of both parcels. A letter from Lazier that authorizes BMLLC's use of Tract K as part of its "lot or site" has been provided under separate cover. Note that an agreement between BMLLC and Lazier stipulates that BMLLC will limit its Gross Residential Floor Area (GRFA) to what is permitted based on the site area of Lot 2A (10,367sf, or 25,917sf of GRFA). Elevation/534 East Lionshead Circle Development Applications Page 6 VANTAGE POINT �i CONDOMINIUMS (R.N. 12:7]19) V � 7 .SPT um[. -R=217_i �:' L=59-63' e,�=f vaTMiiEn s- ' - �- CH=52',:'S5"E 59.44' 1 J _ — ___ LOT2As$� p - - =EflC> = r m -v: •.+iE F ....TRACT K IL \� - F J7:, EOUNo GO[J[REIE STAKE N89'OS'4J� C.54' l Pcx CONweR VAIL 21 l f�CJK 224, PAGE 491) l Shaded area indicates the site area for Elevation. Elevation/534 East Lionshead Circle Development Applications Page 6 III. DESCRIPTION OF PROJECT Four development applications have been submitted for this project: Exterior Alteration This review process is prescribed by the LHMU1 zone district and applies to any new development that among other things adds dwelling units or more than 1,000 square feet of floor area. The Exterior Alteration review process evaluates the project's compliance with the purpose of the LHMU1 zone district and applicable development standards of the zone district, how the project complies with applicable elements of the Lionshead Redevelopment Master Plan and potential impacts of the project on the surrounding neighborhood. Minor Subdivision The subject properties were divided in the early 1970's and have been under separate ownership since that time, but they were not formally subdivided. The Minor Subdivision has been proposed to formalize this division of land and is essentially a housekeeping item. The main considerations in evaluating a minor subdivision is to ensure that the parcels to be created meet minimum lot size standards, have access, will allow for orderly development and that the subdivision complies with the Town's development objectives. Below is a diagram depicting the proposed subdivision. BMLLC/Lazier Plat Exhibit .t RMUBDIVNION OF A PART OF LOTS L 2 3 AND TRACT E DIDCK 1 TONY OP V" COUM OF EAGLE. !TATE OF COLORACO �i i LVA 2A'yy V BM6 R ld 4A Ire IK \ IIMIICM1 xn�'� \ i Elevation/534 East Lionshead Circle Development Applications Page 7 Rear Setback Variance As described above, coordination between BMLLC and Lazier has been ongoing for the past year. Upon completion, these two projects will provide a unified design solution. They will, however, be developed on independent timelines. It is expected that BMLLC will be the first to move forward. The uppermost parking level for each project is located at the grade with the common access drive. The western end of Elevation's top parking level is proposed to be at the project property line, or with a 0' side setback. This has been done to allow the design of Lazier's top parking level to be located at its easterly property line, or with a 0' side setback. The benefit of this approach is that it eliminates a 20' separation between parking structures that is otherwise required by setback regulations. The two abutting 0' setback conditions will only occur at the parking level. The adjoining parking structures will allow for development of outdoor space on Lazier's project that will link to Elevation's outdoor space. A rear setback variance is necessary to allow for this solution. Below is a diagram demonstrating at a conceptual level the final condition with the 0' setback upon completion of Lazier's project. zi -�-- as mac.. .a 1x-ar u., :a i` I IN �I I The elevation above depicts the final O'setback condition upon completion of Elevation the Lazier project Elevation/534 East Lionshead Circle Development Applications Page 8 Amendment to Parking - Pay in Lieu Map The Town's parking regulations establish Pay in Lieu Parking Zones that identify properties that are required to "pay in lieu" of providing on-site parking. Such properties are identified in Vail Village and Lionshead and in most cases include properties that do not have frontage on a public right of way (like the Lionshead Arcade) or properties that are located along pedestrian streets (like the Wall Street Building in Vail Village) where vehicular traffic is undesirable. Even though they have direct access on a public right-of-way, both the BMLCC and Lazier properties are mapped as pay in lieu properties. A code amendment is proposed to amend the Parking Pay in Lieu Map to remove these properties from this map designation. A map depicted these parcels is provided on page 12. Development Program Below is a description of the main elements of the proposed project. The project's conformance with applicable review criteria for each of the four development applications is found in Section IV. of this report. Residential Condominiums Nine residential condominium units with a total of 24,590 square feet of GRFA are proposed. Employee Housing Units Three employee housing units (EHU's) comprised of 2,984 square feet are proposed. This exceeds the Inclusionary Housing requirement by 525 square feet. Lobby/Common Areas and "live beds" 3,290 square feet of interior common area is provided. This includes lobby, sitting room, fitness center and office space on the main level of the building. Owner's storage and ski lockers space is provided on the main parking level. In keeping with the "live bed" goals of the LHMP, the lobby, sitting room, fitness facility and outdoor patio/hot tub space will provide on-site facilities typically associated with hotels. Short-term rentals of units will be permitted by the project covenants. Owners will be permitted to rent units via AirBNB-type services or will be able to utilize on-site management for short-term rentals. Office space provided on the main level will be staffed throughout the day and will among other things facilitate check-in for short-term guests. Elevation/534 East Lionshead Circle Development Applications Page 9 Parking As outlined in a 1972 letter from the Town of Vail, the existing parking structure was built to provide parking for three adjacent projects. Elevation will replace existing parking and provide for the new parking demand from the proposed development. The existing structures and surface parking located on Lot A2 and a portion of Tract K (the Launch project) provides 52 parking spaces. Proposed development of nine condominiums and three EHU's requires 17 spaces for a total of 69 spaces. The parking structure will provide a minimum of 69 on-site spaces. Parking will be provided on three below grade levels and six additional spaces at the main entry to the parking structure. A total of 93 parking spaces are depicted on proposed plans. It should be noted that this is a maximum potential parking number. As project design progresses and more is known about structural, mechanical and other design considerations, it is anticipated that less than 93 spaces will be provided. However, under any circumstance a minimum of 69 spaces will be provided in order to meet zoning requirements. A fully automated parking system is proposed. A fully automated parking garage is a mechanical system designed to minimize area/volume required for parking vehicles. An automated parking garage utilizes mechanics made up of motors, chains, pulleys and pallets to transport vehicles within the parking system rather than the driver doing so. The driver pulls into a loading bay that looks very similar to a garage and parks their car on what is essentially a pallet. The driver then leaves their vehicle and using a nearby kiosk (with a fob or ticket) instructs the system to park the vehicle. The loading bay door then closes and the pallet and vehicle are automatically moved to its designated parking space. When the driver is ready to retrieve their vehicle, they will insert their parking ticket into the kiosk (or use their fob) which would trigger the retrieval of their vehicle. There will be monitors in the lobby that will let the driver know which bay their vehicle will be arriving in. The vehicle will be delivered facing out so that the driver does not have to back up out of the bay; this allows ease of exit as well as expedites the retrieval process. Six enclosed parking spaces are located next to the parking system loading bay. These spaces provide parking for users who want to park on-site but need time before using the parking system. These spaces will allow condominium owners or short-term renter to check in, unload personal items, etc. before parking. Site Design The building's primary pedestrian orientation is to the east with an entry stairs and front door located along East Lionshead Circle. Landscaping along the road is proposed to define spaces and "soften" the building. Pedestrian access is also provided on the south Elevation/534 East Lionshead Circle Development Applications Page 10 side of the building. Vehicular access will be via the existing shared access corridor. This corridor will serve two purposes: • Provide vehicle access to the BMLLC project, to Lazier's future project to the west and to the Lifthouse Lodge and a small surface parking lot adjacent to Vail 21, and • Improve the existing east/west pedestrian route between East Lionshead Circle and Lionshead. To enhance the pedestrian aspect of this corridor, landscaping on both sides of the drive and a decorative paving pattern to define a pedestrian walkway are proposed. The lobby or main level of the BMLLC project includes an outdoor space or terrace on the west side of the building. The uppermost parking/car entry level is one floor below this terrace level. Lazier's project will have a similar outdoor space on the east side of its building. The BMLLC terrace is design such that when Lazier's project is constructed, the terraces will "merge" the two projects and create a unified outdoor plaza space. Refer to page 5 for a conceptual depiction of how the design of these two projects is being coordinated. Development Standards A summary of development standards as prescribed by the LHMU1 zone district and development standards proposed by this project are provided below. Gross Residential Floor Area LHMU1 allows for 250 square feet of GRFA for every 100 square feet of site area. The proposed site area of .314 acres (inclusive of Tract K and Lot 2A) would allow for 34,192 square feet of GRFA. 24,590 square feet of GRFA are proposed. It should be noted that an agreement with Lazier limits GRFA on Lot A2 to what is allowable based on the area of just Lot A2 (exclusive of Lot K). Lot A2 is .238 acres or 10,367 square feet and allow for 25,917 square feet of GRFA. The 24,590 square feet of proposed GRFA is 1,327 square feet less that what is permitted by the site area of Lot 2A. Density LHMU1 allows 35 dwelling units per acre. The .314 acre site allows for 10.99 dwelling units. Nine dwelling units are proposed. Building Height Maximum allowable absolute height is 82.5' and maximum average height is 71'. The proposed building has an absolute maximum height of 81.0 and average height of 70.8'. Elevation/534 East Lionshead Circle Development Applications Page 11 Setbacks Setbacks in LHMU1 are 10' on all sides. Proposed setbacks are: Front (along East Lionshead Circle) —10' Side —10' on north, 29' on south Rear — 0' (this variance is discussed above and in Chapter 4-Comformance with Applicable Review Criteria) Site Coverage LHMU1 allows for 70% site coverage, or 10,941 square feet. Proposed site coverage is 8,020 square feet, or 58.6% Landscaping LHMU1 requires 20% of a site to be landscaped, or 2,735 square feet. Proposed landscape area is 2,760 square feet. Note that this landscape area is softscape area only, it does not reflect any decorative hardscape areas (of which up to 20% of the landscape requirement can be). Parking and Loading 52 spaces currently existing on the site and the proposed development requires 17 new spaces, for a total requirement of 69 spaces. A minimum of 71 on-site spaces will be provided. While plans indicate 93 spaces, it is assumed that as design progresses structural, mechanical and other considerations will reduce the number of spaces that can be achieved. At a minimum 71 on-site spaces will be provided. There is no commercial development in the project and as such loading needs will be very minimal, limited to move in/move out of the residential units. The loading facility at the Arrabelle was over -sized to provide loading for adjacent properties. If needed, the Arrabelle facility could be utilized. Diagrams depicting building height, site coverage, setbacks and landscaping are found in the project plan set that has been provided under separate cover. Employee Housing Section 12-24-2 Employee Housing Requirements establishes a mitigation rate of 10% of the total new GRFA proposed by a project. 25,917 square feet of GRFA are proposed, resulting in an inclusionary employee housing requirement of 2,459 square feet. The code requires that a minimum of 50% of this requirement be provided on-site. Elevation/534 East Lionshead Circle Development Applications Page 12 Employee Housing Mitigation Plan Three on-site EHU's totaling 2,984 square feet are proposed. This mitigation will provide 100% of required housing on-site and will exceed code requirements by 525 square feet. Parking — Pay in Lieu Parking Map The purpose of this provision in the parking section of the zoning code is for properties that do not have access to a public street or are located where the Town does not want to generate vehicular traffic to pay into a fund for any new parking demand in lieu of providing parking on-site. For unknown reasons, the parcels on which the parking structure is located are included on the Pay in Lieu Parking Map, meaning that by code on-site parking is technically not permitted. For the following reasons, it is assumed that this mapping was done in error: • The subject properties have legal access to East Lionshead Circle, • Vehicle access to the site does not directly interfere with established pedestrian corridors, • Parking was in place on the subject parcels when the map was prepared, and • The Lionshead Redevelopment Master Plan suggests that with the redevelopment of the subject properties that on-site parking be retained, and a ground rule of the master planning process was that there be no net loss of existing parking in Lionshead. • Zoning requires that the amount of existing parking not be reduced The proposed amendment would remove the subject properties from the Parking Pay in Lieu Parking Map and would allow the properties to provide parking on-site. The properties proposed to be removed are depicted on the map below and are the same parcels addressed by the proposed Minor Subdivision. Elevation/534 East Lionshead Circle Development Applications Page 13 qe Point. ► a i C I LiftVail 21 f 'Lionsh6ad Abel I at g ;JrS Lionshead Center r r _ Amendment to Parking Pay in Lieu Zones Core Area Parking Map WN Ar Proposed Commercial Core Area (EverVail) Commercial Core Area Pay -in -Lieu Properties Existing Pay in Lieu Parking Zones Elevation/534 East Lionshead Circle Development Applications Page 14 CONFORMANCE WITH APPLICABLE REVIEW CRITERIA Below is a summary of how the proposed project conforms to applicable review criteria for each of the four development applications. EXTERIOR ALTERATION It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is: 1. In compliance with the purposes of the Lionshead mixed use 1 district, Response The purpose of the LHMU1 district is: 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. The proposed project is the initial phase of redevelopment of a distressed property that is identified by the Lionshead Redevelopment Master Plan (the Plan) as a priority for redevelopment. The project is very much consistent with the purpose of the LHMU1 zone district. 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan, and The Lionshead Redevelopment Master Plan (LRMP) is an extensive and detailed planning document. Below are highlights of how the proposed project is consistent with main elements of the Plan from Chapter 2 — Policy Objectives, Chapter 4 — Overall Study Area Recommendations, Chapter 5 — Detailed Plan Recommendations and Chapter 6 — Site Design Guidelines. Chapter 2 — Policy Objectives Of the six broad policy objectives outlined in the Plan, three are applicable to this project: Elevation/534 East Lionshead Circle Development Applications Page 15 2.3.1 Renewal and Redevelopment The project will replace a dilapidated above grade parking structure with below grade parking and a new residential building. 2.3.4 Improved Access and Circulation An outcome of this project is the removal of a vehicular access point on East Lionshead Circle and significant site/aesthetic enhancement to the east/west pedestrian corridor south of the proposed building. 2.3.5 Improved Infrastructure The project will restore parking that had been provided in the two-level parking structure. Chapter 4 — Overall Study Area Recommendations This chapter of the LRMP addresses broad level considerations that affect Lionshead as a whole. Examples of these include view corridors, Lionshead's main "hubs", connection with Gore Creek and the natural environment, connection with Vail Village, public transportation and other considerations. Most of these considerations are not directly relevant to the proposed development. This is likely due to two factors — the limited scope of the proposed redevelopment and the fact that the project is located outside of the Lionshead core area and major pedestrian streets. One relevant consideration is with respect to how the LHMP addresses the goal for "live beds". Consistent with the LRMP and as described on page 8, Elevation will include typical hotel facilities such as a lobby, sitting room and fitness facilities. Project covenants will allow for short-term rentals of condominiums and an office with staff to assist with rentals is provided in the lobby. Chapter 5 — Detailed Plan Recommendations Chapter 5 examines individual parcels and groups of parcels and identifies important functional relationships and objectives to be considered in redevelopments. Specific considerations from the LRMP relevant to this proposal include: 5.7.5 Lions Pride Building and Parking Deck The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both visually and physically), their redevelopment and compliance with the Master plan should be considered a priority. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be Elevation/534 East Lionshead Circle Development Applications Page 16 replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. The proposed project addresses this objective. Landscaping and decorative pavers are proposed to create a more pleasing pedestrian walkway while also providing for vehicular use. The LRM specifically identifies this property as not being an appropriate site for retail, nor for a gateway, portal or other urban design features that may be appropriate elsewhere in Lionshead. Chapter 6 — Site Design Guidelines This chapter described detailed design elements will lend character and quality to the overall fabric of public spaces and to the desired hierarchy of pedestrian spaces. The proposed project is not located within the Primary Pedestrian Mall nor the Secondary Pedestrian Mall area. There are no Primary Pedestrian Streets adjacent to the site. As such, many elements of this chapter are not applicable to this site. The existing alley on the south side of the project is a Primary Pedestrian Walk. This corridor will include a decorative walking surface to define pedestrian flow. The height of some landscape walls will allow for seating. As suggested by the LRMP, trash and recycling facilities are located within the building. Chapter 8 —Architectural Design Guidelines The LRMP includes an extensive number of architectural guidelines to be addressed in the design of any new project in Lionshead. These guidelines include very general, subjective comments such as "the image for Lionshead should move towards the future — using historical alpine references and Vail Village as antecedents" or "the middle of buildings within Lionshead shall read as "quiet" masses". The guidelines also include more specific, quantified guidelines such as prescribed stepbacks in wall planes and the dimension of roof overhangs. Since the LRMP was adopted a handful of new projects have been constructed, among them are the Arrabelle, the Ritz Residences, the Visitor Center and the Lion. These four examples each express their own unique architectural style. While they may vary in their expression, each are in common with respect to how they respond the specific elements of the LRMP architectural guidelines. Below highlight key features of how Elevation responds to some of the major elements of the architectural guidelines: Elevation/534 East Lionshead Circle Development Applications Page 17 Building Massing and Form The building has a prominent and solid "base" defined by the use of stone, columns and building off -sets. The middle portion of the building utilizes two primary materials and is "quiet". Structural expression at roof eaves anchors the roof to the building. On the north and south elevations dormers extend to the face of the wall below and in doing so integrate the roof with the wall plane. Wall surface criteria Wall plans are broken up with use of building stepbacks, changes of materials, secondary roof overhangs and balconies. Wall materials and colors Wall materials "play off of" the neighboring Visitor Center and are organized to define the base and middle of the building. Balconies Balconies express structure that integrate them to the building. Balconies are designed in response to adjacent wall planes and building materials. Windows and Doors Windows are recessed in stone walls and headers are used at appropriate locations. Doors for pedestrian entries utilize wood frames and are high quality and "heavy". Detailing Examples of detail include recessed windows in stone walls, steel c -channel window headers, timber/steel support elements at balconies and secondary roof features, corten as secondary wall material, turnbuckle roof features and ornamental lighting. 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. Response Neighborhood character in terms of the built environment is established by the development standards prescribed by the LHMU1 zone district. These standards were created to implement the goals of the Lionshead Redevelopment Master Plan. The project has been designed to conform to these standards and as such the project will be consistent with the character of the neighborhood. The proposed project will not have significant negative effects on the character of the neighborhood. Elevation/534 East Lionshead Circle Development Applications Page 18 The Exterior Alteration review process also obligates projects to address the Mitigation of Development Impacts. Section 12-71-1-18 states: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases, mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: employee housing per the town's current employee housing policy, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off-site impacts. Elevation includes the following improvements to mitigate the impact of the proposed development: Employee Housing The square footage of proposed on-site employee housing exceeds the town's codified EHU requirement by 525 square feet. The three proposed EHU's include 2,984 square feet, 21.3% more than what is required by code. Pedestrian Walkway Improvements The existing sidewalk along East Lionshead Circle will be replaces with a new, heated walkway, greatly enhancing the pedestrian experience in this area. Streetscape Improvements The existing alley that provides site access to Elevation and surrounding properties will be heated and incorporate a paver sidewalk to accommodate pedestrian traffic within this shared vehicle/pedestrian corridor. The improvements above will more than offset the impacts of this modest development proposal. MINOR SUBDIVISION The following are review criteria for a minor subdivision, as outlined in Section 13-3-4, Commission Review of Application; Criteria and Necessary Findings, Vail Town Code: Elevation/534 East Lionshead Circle Development Applications Page 19 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Response The proposed subdivision is consistent with 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. By way of example, Goal 1.3 of the Vail Land Use Plan states "the quality of development should be maintained and upgraded whenever possible." If approved, the proposed subdivision will facilitate the upgrading and redevelopment of this property. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations," of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and Response The proposed subdivision is in compliance with the standards of Title 12, Zoning Regulations, Vail Town Code, and Title 13, Subdivision Regulations, Vail Town Code. Lots 1A and 2A are both consistent with minimum lot size as prescribed by the LHMU zone district. Track K, the common access parcel is necessary to provide access to East Lionshead Circle. Tracts L and M are platted as tracts. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Response These parcels were established by legal descriptions and deed and have been in existence for many decades. This subdivision will formalize the status of these parcels and in doing so the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed subdivision will not negatively impact the existing relationship among surrounding land uses. 5. The extent of the effects on the future development of the surrounding area; and Response Formalizing the subdivision of these parcels that have been in place for many decades will have no effect on the future development of the surrounding area. 6. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Elevation/534 East Lionshead Circle Development Applications Page 20 Response The proposed subdivision will not cause any inefficiency in the delivery of public services and will not require duplication or premature extension of public services and will not result in a leapfrog development pattern because the applicant is proposing a subdivision of existing platted lots already served by public facilities. 7. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and Response The proposed subdivision is currently served by appropriately sized utility lines, resulting in no future land disruptions to upgrade undersized lines. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Response The proposed subdivision formalizes previous divisions of land and in doing so will provide for the growth of an orderly viable community and serves the best interests of the community as a whole. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Response The subject property is currently developed with parking facilities. The proposed subdivision will not result in any adverse impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. Response n/a VARIANCE The purpose and need for the rear setback variance is described in detail on page 7 above. Below is response to findings that must be made with respect to this request. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: Elevation/534 East Lionshead Circle Development Applications Page 21 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Response The level of the building proposed to be within the rear setback is below grade on the east and north sides, and above grade on the west and south. Upon completion of the adjoining Lazier project the only exposed portion of building within the setback area will be on the south and as viewed from the north the building within the setback will not be discernible. As such, the setback encroachment presents no adverse impacts on other existing or potential uses and structures in the vicinity. To the contrary, the proposed 0' will allow for a unified plaza design between Elevation and the adjoining Lazier project is developed. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Response Design of the BMLLC and Lazier projects will create an outdoor plaza space to be created between the two buildings. The 0' setback proposed for the parking level below the outdoor space will allow for the integrated design of this space. The Lazier project will propose the same 0' setback. Literal enforcement of the 10' setback would result in 20' of basically unusable space between the two projects and would prevent the creation of this outdoor space. While located on two separate parcels that are under separate ownership, the development of Elevation and the future Lazier project essentially represents the phased development of a unified and coordinated project (unified and coordinated via the shared access way, coordination on finished floor elevations, and by the outdoor plaza space between the two buildings). For all intents and purposes, upon project completion the common property line between these two parcels will be indiscernible. Due to current ownership the common property line cannot be eliminated, however, the property line and setback requirements prevent a design solution that would benefit site design and the immediate neighborhood (and would be possible were it not for the existing property line). Variation to the setback requirement is warranted to implement this design solution and in doing so would achieve compatibility and uniformity of treatment amount sites in the vicinity and would attain the objectives of this title without a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Elevation/534 East Lionshead Circle Development Applications Page 22 Response The proposed setback will have no adverse effect on the considerations listed above. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Response Town development standards in Vail Village and Lionshead allow for and at times encourage 0' setback conditions when the result will allow for a design that provides appropriate and desirable design solutions. The basis for this is that adherence to property line setbacks does not always result in the best design solution and that within reason, quality design that benefits the greater area should take precedent over arbitrary setback standards. The proposed 0' setback will allow for a unified design solution between the BMLLC and Lazier properties and is consistent with other examples where the Town has encouraged 0' setbacks. CODE AMENDMEN/PAY IN LIEU PARKING ZONE The purpose and need for the amendment to the pay in lieu parking map is described in detail on pages 7 and 8 above. Below is response to criteria to be considered with respect to this request. 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; Response The proposed amendment will simply remove four parcels from the Parking — Pay in Lieu Map. Currently the inclusion of these properties on pay in lieu map prevents the redevelopment and replacement of the existing parking structure. This is not consistent with the purposes of the pay in lieu provision of the zoning code. Nor is it consistent with the Town's development objectives. It is assumed that the map was done in error for the following reasons: • The subject properties have legal access to East Lionshead Circle, • Vehicle access to the site does not directly interfere with established pedestrian corridors, • Parking was in place on the subject parcels when the map was prepared, • The Lionshead Redevelopment Master Plan suggests that with the redevelopment of the subject properties that on-site parking be retained, and a ground rule of the master planning process was that there be no net loss of existing parking in Lionshead. Further, the master plan specifically encourages the redevelopment of this site and states that the "parking must be replaced". Elevation/534 East Lionshead Circle Development Applications Page 23 • Section 12-10-3 of the zoning code stipulates that the amount of existing/required parking not be reduced. This amendment will allow for the development of Elevation consistent with the master plan and zoning requirements. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vaii comprehensive plan and is compatible with the development objectives of the town; Response On-site parking is appropriate on the subject properties. The existing parking structure is unsightly, and the Lionshead Redevelopment Master Plan identifies this property for redevelopment. This amendment will allow for the inclusion of parking as a part of the redevelopment of these parcels. I The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; Response The Parking Pay in Lieu Map is an appropriate regulation, however the inclusion of these properties on the map is not appropriate. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Response Removing the subject properties from the map is necessary in order for parking to be main on the site. Removing the subject properties from the map will provide a harmonious, convenient and workable relationship among land use regulations that will be consistent with the town's development objectives. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. Response N/A Elevation/534 East Lionshead Circle Development Applications Page 24 ml T MCA -we -1 'T+ i A' i +Y �e 0 a 7 i l'' IV 1 FA i9 y � til �� • � �•*� ,' � .. raw W ofto t ,* -t" H -W' -A Ps _ - - o - - a� o 0 oyoe __ ooNon- hopI "I H 1 Milli jam; 1 1 NOW K.q 9l; 1 Ed 6- Eg i 1 Ws H H H SAW I Hamm A hot !j g a1 1 Ing H 1, wing H fly Q is oa i i non H 15 THAN, ; � Kwm�" m N' HISS him "I nil bpi 1L I � g! 11, By Ell! A SM Plain! UK 1 son i j VAR I oll Hy Pit CARVER SCHWARZ MCNAB KAMPER & FORBES, LLC ATTORNEYS AT LAW SHERMAN STREET PLAZA 1 888 SHERMAN STREET, SUITE 400 DENVER, COLORADO 80203 MAIN LINE: 303.893.1815 FACSIMILE: 303.893.1 829 July 5, 2018 BY ELECTRONIC MAIL Planning and Environmental Commission Town of Vail 75 S. Frontage Road Vail, CO 81657 ■ n Sr'EWART MCNAB SMCNAB@CSMKF.COM 303.893.1819 Re: Applications of Battle Mountain LLC and Lazier Lionshead LLC Nos.: PEC18-0016, PEC18-0017; PEC18-0018; PEC18-0019 Ladies and Gentlemen: I write to follow up on my June 6, 2018 letter on behalf of the Lift House Homeowners Association, Inc. ("Association") in connection with the above -noted Applications. At your June 25, 2018 meeting, the applicants' consultant Mr. Braun requested that the PEC only consider parking issues with respect to Application PEC - 18 -0016, the redevelopment of the eastern third of the parking structure. For reasons discussed in my earlier correspondence and at your public meetings on the issue, this is the appropriate time and the proper circumstance for the PEC to insure that the eventual redevelopment of the remainder of the parking structure property (i.e. the Lazier property) will contain all parking spaces required by its original approval. Case PEC 00017 involves the adoption of a Final Plat reconfiguring the property boundaries among parcels owned by Lazier Lionshead LLC and Battle Mountain LLC. Notwithstanding that the more significant redevelopment is currently being proposed for the Battle Mountain property, the Lazier property, specifically the proposed Lot 1A, is the larger part of the application in this case. We have no guarantee that Lazier Lionshead will propose a redevelopment of the parcel in the near future or, for that matter, whether redevelopment may be undertaken by a new owner. In light of the fact that no fewer than 34 physical parking spaces are being lost through the demolition of the upper level of the parking structure, it is important that the plat of the parcel call out the existing obligation for parking spaces. Specifically, the Association proposes that the following condition be incorporated into the plat that is the subject of Case PEC18- 00017: Any Major Exterior Alteration or other redevelopment of Lot 1A shall include, at a minimum, 95 parking spaces in addition to the {00352214. DOC/ 1 } Planning and Environmental Commission July 5, 2018 Page 2 of 3 0 requirements for the altered or redeveloped structure on that Lot, so as to conform to the original permits and approval for the Lift House and the Lionshead Arcade buildings for which the parking existing as of June 1, 2018 on Lot 1A was intended to serve. Note that the number of spaces is derived from the July 17, 1972 letter from the Town of Vail's Building Official to the Lift House's architect. Incorporation of a condition into the new plat requiring the reestablishment of pre- existing parking spaces is within the PEC's power and is consistent with the criteria for approval and with the Vail Town Code. Town Code Section 13-3-5A unequivocally authorizes the Commission to approve an application for a plat "with conditions." In this instance, the Association's requested condition fits specific criteria that Section 13-3-4A calls for the PEC to consider: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town,- The own, The relevant portion of the Vail comprehensive plan is the Lionshead Redevelopment Master Plan ("LRMP"), adopted in 2006. Section 2.4 of the LHMP contains the Ground Rule that "There will be no net loss to the Vail community of either locals' housing or parking spaces (Public and private) now existing in Lionshead." Requiring that parking spaces be restored upon redevelopment fulfills this rule. Furthermore, the LRMP specifically addresses the exact property at issue, in Section 5.7.5. That section makes redevelopment of the Lazier property a priority, but with the express proviso that "existing parking must be replaced, ...." Adopting the requested condition in the proposed plat reaffirms both the general and specific relevant requirements of the LRMP. 4. The extent of the effects on the future development of the surrounding area. A condition calling for the preservation of existing parking spaces will have a minimal effect on future development in the area because it will preserve the status quo. A requirement with respect to Lot 1A of the proposed Plat can have no discernable effect on the co -applicant, as Battle Mountain's proposed plan (Case No. PEC18- 00016) already includes a provision for replacing existing parking on Lot 2A. . 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole. The entire community, residents, visitors and businesses in Lionshead, benefits from having adequate parking. The existence of a planning ground rule calling for no loss in existing parking through redevelopment recognizes the community value of {00352214.DOC / 11 Planning and Environmental Commission July 5, 2018 Page 3 of 3 0 parking that has been in place for 35 years. A plat condition insuring that such parking will be retained following redevelopment of the newly -platted parcel fulfills this review criterion. Finally, incorporating the proposed condition in the final plat assures compliance with Section 12-10-3 of the Town Code, which prohibits a reduction in the number of off- street parking spaces. The new plat for the parcels in Lionshead First Filing is the appropriate place to reaffirm the requirement first imposed in 1972, that the property in question must contain the 95 parking spaces that the Town required prior to permitting the occupancy of the Lionshead Arcade and Lift House condominiums. The Association respectfully requests that its proposed condition, or one that has the same effect, be included in the final plat. I have provided the language of the proposed condition to Mr. Braun who is consulting with his clients about whether it is acceptable to them. If we can reach an agreement I will attempt to notify the Commission prior to its July 9, 2018 meeting If I can provide any additional information or answer any questions, please feel free to contact me. Very truly yours, A -el" Stewart McNab cc Lift House Condominium Association Matt Mire, Town Attorney Chris Neubecker, Planning Manager Jonathan Spence, Senior Planner {00352214.DOC / 11 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: July 9, 2018 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a prescribed regulations amendment to Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, and setting forth details in regard thereto. (PEC18-0019) ATTACHMENTS: File Name PEC18-0019 Staff Memo.pdf Attachment A. Vicinity Map.pdf Description Staff Memorandum Attachment A. Vicinity Map kr TOWN OF VAIL) Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 9, 2018 SUBJECT: A request for a recommendation to the Vail Town Council for a prescribed regulations amendment to Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, and setting forth details in regard thereto. (PEC18-0019) Applicant: Lazier Lionshead LLC & Battle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence SUMMARY The applicants, Lazier Lionshead LLC & Battle Mountain LLC, represented by Braun Associates, Inc., request the review of a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in - lieu" zones for parking regulations purposes, located in the vicinity of 500 and 534 East Lionshead Circle. 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 (PEC) forward a recommendation of approval to the Vail Town Council, of this application, subject to the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A) and the applicant's narrative (Attachment B). II. DESCRIPTION OF REQUEST The applicant is proposing to alter the Core Area Parking Map 11, Lionshead, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1 from the Pay -in -Lieu designation. The result of the map amendment will be the allowance of the subject properties, which currently include the two-level parking structure, to provide onsite parking when redeveloped. III. BACKGROUND The Town's zoning code has allowed for certain exemptions from on-site parking requirements since 1973. In 1982, in conjunction with the Vail Village and Lionshead Urban Design Guide Plans, the Town established a "parking pay -in -lieu" program - thereby allowing property owners to pay a fee in exchange for a reduction in on-site parking. The program's primary purpose was to minimize vehicular traffic in the Town's pedestrianized commercial areas while allowing property owners some flexibility in the provision of required parking created by infill development and redevelopment. Prior to the approval of Ordinance No. 4, Series of 2001, all properties that were zoned CCI, CCII or LMU-1 (Vail Village and Lionshead) had the ability to participate in the Town's pay -in -lieu program - regardless of their location. In 2001, the PEC and Vail Town Council expressed a desire to re-evaluate the program in an effort to promote the original goals outlined in the Vail Village and Lionshead Design Guide Plans. The code changes and amendments to the Core Area Parking Map resulted in the designation of certain properties that must participate in the program. It was the understood rationale that these properties were inappropriate for on-site parking due to their pedestrian ization and lack of reasonable access to established motor vehicle ways. The designated properties in the Lionshead Area are shown below. This exhibit was included as an attachment to Ordinance No. 4, Series of 2001. Pay -in -Lieu Properties Lionshead Pay -in -Lieu Properties Town of Vail Page 2 .. rtaRNINil LOT_: �a�E - sOWs All Sial - —'V run ¢� — S10 ,Ii ✓"�f - '� 1 4: ,i EAST LIONSHEAD CIRCLE J f s `.1r� .__ � -/fiAGTC� .l' - �'�3 Y. `� - 4i6 ' T -♦STicf�f F II esrlw � oa�mor_A s � I � 1®S � l4Wgsl wMsi,E'RO f i .1R3 - M�TefJEA09 ` � I r 1 I f 1 wcKsre s _.._:: p J TnEerrne [ i of 1 Tn Tr �! s IJ •'{ � ~ 1 _ L � ``>>.� '�E - IS � 6r5 � � V em ,�� v� Ir �_ a , 7, 71i Truere �I - aranF.res i A � �° � �+ocneL rrtnere t Pay -in -Lieu Properties Town of Vail Page 2 This exhibit was later incorporated into the Town's Core Area Parking Map. The most recent version of this map is shown below. It should be noted that neither the exhibit nor the Core Area Parking Map make any distinction between the Lift House and Vail 21 developments and the parking facility. IV. PROPOSED TEXT AMENDMENT LANGUAGE The Prescribed Regulation Amendment is proposed to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes (see PEC18-0017). The parcels have direct vehicular access from the platted easement existing just south of the existing parking structure. The location of these parcels is shown below: Town of Vail Page 3 t s� Ar \lhntn rip Paint. f i Swedish - 4 1 ■ Lift Houses —7 , Vail 21 c� qft rA , ate! I LiOnSneaUat A. '�rqa�L .1 t V - Lionshead Center r l rnen ment to Parking Pa in Lieu Zones The Dr000sed prescribed reaulation amendment. to be amDroved via ordinance with the Vail Town Council, will not take effect until the recordation of the final plat, creating Lots 1A. Lot 2A. Tract K. Tract L and Tract M has occurred with the Eaale Countv Clerk and Recorder V. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Town of Vail Page 4 Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also prov des the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. VI. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose.- A. urpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes.- 1. urposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. Town of Vail Page 5 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. 12-10-16: Exempt Areas, Parking Fund Established.- A. stablished: A. Criteria: The town council by resolution may exempt certain areas from the off street parking and loading requirements of this chapter if alternative means will meet the off street parking and loading needs of all uses in the area. Prior to exempting any area from the off street parking and loading requirements, the council shall determine the following.- That ollowing: That the exemption is in the interests of the area to be exempted and in the interests of the town at large. 2. That the exemption will not confer any special privilege or benefit upon properties or improvements in the area to be exempted, which privilege or benefit is not conferred on similarly situated properties elsewhere in the town. 3. That the exemption will not be detrimental to adjacent properties or improvements in the vicinity of the area to be exempted. 4. That suitable and adequate means will exist for provision of public, community, group or common parking facilities, for provision of adequate loading facilities and for a system for distribution and pick up of goods, and for financing, operating and maintaining such facilities, and that such parking, loading and distribution facilities shall be fully adequate to meet the existing and projected needs generated by all uses in the area to be exempted. B. Parking Fund: For projects located within the town's "parking pay -in -lieu" zones (as identified on the town's official "parking pay -in -lieu zone" maps, incorporated by reference) property owners or applicants shall be required to contribute to the town parking fund, hereby established for the purpose of meeting the demand and requirements for vehicle parking to the extent outlined in applicable master plan documents and the zoning regulations. At such time as any property owner or other applicant proposes to develop or redevelop a parcel of property within an exempt Town of Vail Page 6 area which would require parking and/or loading areas, the owner or applicant shall pay to the town the parking fee hereinafter required: The parking fund established in this section shall receive and disburse funds for the purpose of conducting parking studies or evaluations, construction of parking facilities, the maintenance of parking facilities, the payment of bonds or other indebtedness for parking facilities, and administrative services relating to parking. 2. The parking fee to be paid by any owner or applicant shall be determined by the town council. 3. If any parking funds have been paid in accordance with this section and if subsequent thereto a special or general improvement district is formed and assessments levied for the purpose of paying for parking improvements, the payer shall be credited against the assessment with the amount previously paid. 4. The parking fee to be paid by any owner or applicant is hereby determined to be eighteen thousand five hundred ninety seven dollars eighty cents ($18,597.80) per space for residential uses (including, but not limited to, accommodation units, timeshares and fractional fee units). There is no pay in lieu fee for commercial uses. This fee shall be automatically adjusted annually by the percentage the consumer price index of the city of Denver has increased or decreased over each successive year. 5. For additions or enlargements of any existing building or change of use that would increase the total number of parking spaces required, an additional parking fee will be required only for such addition, enlargement or change and not for the entire building or use. No refunds will be paid by the town to the applicant or owner. 6. The owner or applicant has the option of paying the total parking fee at the time of building permit or paying over a five (5) year period. If the latter course is taken, the first payment shall be paid on or before the date the building permit is issued. Four (4) more annual payments will be due to the town on the anniversary of the building permit. Interest of ten percent (10%) per annum shall be paid by the applicant on the unpaid balance. If the owner or applicant does choose to pay the fee over a period of time, he or she shall be required to sign a promissory note which describes the total fee due, the schedule of payments, and the interest due. Promissory note forms are available at the offices of the department of community development. 7. When a fractional number of spaces results from the application of the requirements schedule (section 12-10-10 of this chapter) the parking fee will Town of Vail Page 7 be calculated using that fraction. This applies only to the calculation of the parking fee and not for on site requirements. (Ord. 29(2005) § 29: Ord. 4(2001) § 2: Ord. 3(1999) § 11: Ord. 10(1994) § 1: Ord. 6(1991) § 1: Ord. 30(1982) § 1: Ord. 47(1979) § 1: Ord. 8(1973) § 14.800) 12-10-21: Parking Pay in Lieu Zones Established: The "parking pay in lieu zone" maps (attached to the ordinance codified herein, and available for inspection in the office of the town clerk) shall be used to identify properties within the parking pay in lieu zones referenced in section 12-10-16 of this chapter. Properties will be required to comply with the amended program upon demolition/rebuild. Properties not included in the pay in lieu zones may apply to the planning and environmental commission for review if the provision of on site parking on the property would circumvent relevant objectives of applicable comprehensive plan documents including, but not limited to, parking, pedestrianization, and vehicle penetration elements. (Ord. 29(2005) § 29: Ord. 4(2001) § 3) Vail Land Use Plan 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3. The quality of development should be maintained and upgraded whenever possible. VII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff finds the prescribed regulation amendment furthers the general and specific purposes of the zoning regulations by promoting the harmonious development of the core areas while maintaining established community qualities and economic values. The ability to redevelop the subject properties with subsurface parking will allow for development consistent with the objectives of the zoning regulations. Staff finds that this criterion has been met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Town of Vail Page 8 Staff finds that the proposed prescribed regulations amendments will better implement or achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. Specifically in the Vail Land Use Plan's adopted Goals and Policies, staff identified the following applicable statement: 1. General Growth /Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. In addition, The Lionshead Redevelopment Master Plan, a component of the Vail Comprehensive Plan, speaks directly to redevelopment in this area and the express desire to replace existing parking on site. 5.7.5 Lions Pride Building and Parking Deck The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both visually and physically), their redevelopment and compliance with the Master plan should be considered a priority. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. Staff finds that this criterion has been met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and It is unclear why the properties currently occupied by the parking structure were included in the "parking pay -in -lie zone." The parcels have direct access from a platted easement located just south of the existing garage. Allowing redevelopment with subsurface parking will not be detrimental to the pedestrian experience in the vicinity. As such, the existing regulation prohibiting on site parking is not appropriate. Staff finds that this criterion has been met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. Specifically, removing the subject properties from the `Parking Pay -in - Town of Vail Page 9 Lieu Zone" will allow redevelopment that will provide not only parking for existing users of the parking facility, parking for the new residential uses proposed but also additional unrequired parking spaces that will enhance the Town's parking inventory. Staff finds that this criterion has been met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. 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 the proposed text amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12- 10-16 Exempt Areas, Parking Fund Established, Vail Town Code, to remove Lot 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, located in the vicinity of 500 and 534 East Lionshead Circle., and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: 'Based upon a review of Section Vll of the July 9, 2018 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and Town of Vail Page 10 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code, -and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious 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. " IX. ATTACHMENTS A. Vicinity Map B. Applicant's Narrative (Please see Attachment B of PEC18-0016) Town of Vail Page 11 T J,� tp I Ar O , o� City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: July 9, 2018 ITEM/TOPIC: A request for the review a variance from Section 12-71-1-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0018) Please see item PEC18-0016 for the staff memorandum concerning this request. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: June 25, 2018 PEC Results ATTACHMENTS: File Name Description Pec results 062518.pdf June 25, 2018 PEC Results 0 PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF VAIO June 25, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order 1. 1. Present: Brian Gillette, Pam Hopkins, Ludwig Kurz, Rollie Kjesbo, Karen Perez, Brian Stockmar Absent: John -Ryan Lockman 2. Site Visits 2.1. Site Visit - 2841 Basingdale Boulevard 3. Main Agenda 3.1. Executive Session pursuant to C.R.S. 24-6-402(4)(b) to receive legal advise 10 min. on specific legal matters Re: parking issues. Applicant: Planner: Cancelled as Matt Mire unable to attend. 3.2. A request for the review of a Major Exterior Alteration, pursuant to Section 15 min. 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the conversion of two (2) back of house offices to two (2) Accommodation Units, located at 715 West Lionshead Circle/West Day Subdivision (Vail Marriott Mountain Resort), and setting forth details in regard thereto. (PEC 18-0024) Applicantfliamondrock Vail Owner LLC, represented by Mauriello Planning Group Planner: Jonathan Spence 1. The applicant shall mitigate the impact on employee housing of this development in accordance with the provisions of Chapter 12-23, Commercial Linkage, Vail Town Code prior to the issuance of any building permit. 2. The Transportation Impact Fee shall be paid to the Town of Vail by the applicant prior to issuance of any building permit. Planner Spence began by introducing the application and gave a presentation with the plans and drawings. Spence stated a major alteration is necessary when adding accommodation units. Spence added the project has ample GRFA for the conversion. The newly adopted transportation fee is applicable for the project. Dominic Mauriello confirmed altering offices to two accommodation units. He provided no further presentation. Kurz confirmed no public input. PEC Comments Kjesbo — The application is straight forward. No comments. Gillete —Agree Stockmar — No comments. Perez — No comments. Hopkins — No comments. Kurz — Believes the applicant is complying with employee housing and transportation provisions. Gaining two accommodation units is a positive for the Town. Brian Stockmar moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman 3.3. A request for the review of an Exemption Plat, pursuant to Section 13-12-3, 15 min. Plat Procedure and Criteria for Review, Vail Town Code, to incorporate a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing into the existing property located at 366 Hanson Ranch Road/Lot d, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18-0025) Applicant'VailPoint LLC, represented by Pylman &Associates, Inc. Planner: Jonathan Spence Planner Spence began by introducing the application and stated it would be best to discuss Items 3.3 and 3.4 together. Spence presented three correspondences provided to Staff through email. He then presented an overview of both items. Rick Pylman, representative of the applicant, provided a presentation to the PEC. Pylman provided history on 366 Hanson Ranch Road. Lot D was originally sold by Vail Associates in 1963, prior to zoning and subdivision regulations. Prior to incorporation into the Town, Lot D was subdivided. There are three parcels that were split off from Lot D. Pylman stated there has been a fence area around the Lot for a long time and many subsequent owners. Pylman clarified the areas around the Lot has been zoned Public Accommodation. The blue area shown is the original deeded property, the hatched areas, which are fenced, are outside the deeded area. Pylman stated the area will all be zoned Public Accommodation. Pylman stated there are covenants on D-1 and the subject property. The applicant stated the covenants remain unaffected. Spence added the covenants will remain unaffected per speaking with the Town Attorney as well. He added this is private space. Stockmar asked is there an anticipation of a potential expansion to the house? Pylman stated the lot becomes conforming to the minimum lot size. Stockmar stated the house is at its maximum for GRFA. Gillete asked if there is a such thing as Private Open Space Spence stated we should clarify the zoning of the property since 1971 has been as error since following the meets and bounds description. Staff believes the property within the fence is private side and backyard, not Open Space. Perez asked why is the applicant replatting but not replatting into the correct zone district. Spence — The request to plat is to combine the two lots. The appropriate zoning for this property per the adopted plans is PA. Hopkins —Asked why the zone district is changing with this application. Spence — Staff stated we do not allow properties to have multiple zoning. He also clarified the hatched area of the fence now has a legal description and is a parcel with the court's description. The hatched area is now under the ownership of 366 Hanson Ranch Road after court order. Perez —Are there any development agreements with Vail Resorts that affect private agreements? Spence — There was a workshop meeting with Town Council to discuss the covenants that existed at that time and present day. Pylman — Stated the client is looking at the possibility of building a lodging type use within the site. Stockmar —Asked if there is something happening in the background outside of the application, such as expanding GRFA. Spence — Clarified its current use as Single Family would not allow expansion. There are underlying covenants that severely restrict future development. Kjesbo — If the applicant were to build in the future, Kjesbo clarified the setbacks for the zone district. Kurz —Asked Spence to clarify the notice requirements of the PEC. Spence — Listed the recipients of the notice, which met all requirements of the Code. Pylman — Did add the newspaper notice was met as well. Public Comment Carol Krueger — Kruger was one of the email correspondents with staff. She asked what reasonable expectations for redevelopment could occur on the site. Kruger then explained the history of Lot D. She asked the Town to be clear what the expectations are as this property has been zoned Open Space. She asked does the Town intend for this property to remain Open Space in the future. Kruger stated a plat restriction was a viable option. Spence — Private covenants and zoning are two separate matters. As far as open space, covenants relate to above ground improvements. The expectation for a redevelopment is that the lot will be developed per the lot's zone district. The Town generally does not zone a private space as Open Space. Gillete — How is the private open space maintained through a development, such as Grand Traverse. Spence — It would not be a rezoning, but would be an amendment to the development plan. Hopkins —Asked what would happen if the Town did not vote to change the zoning. Spence — Explained the consequences of not voting for approval of the application. Spence stated the Town of Vail is a party to the covenants, including members of the subdivision and different layers. Gillette —Asked how the PEC would preserve the open space. Spence — Stated this has functioned as private property. It has the zoning of Agricultural and Open Space. The historic property line has existed for over 50 years and has been perceived as private open space as the backyard of the single family home. Sarah Baker (Attorney for the applicant)— To enforce the covenant is the best way to verify the area is not developed in the future. Stated the Town has enforceable covenants which it can enforce. Gillette —Asked if the applicant would plat the area as Open Space Stockmar — Stated the PEC has not seen the covenants. Spence —Added the covenants should not influence the PEC's decision today. Sarah Baker — Explained the three covenants. Kurz — Stated the PEC is asked to review what is before the PEC today. The PEC is now faced with cleaning up something that was created 50 years ago. Kurz stated the PEC look at the two items (3.3 and 3.4) together and vote on the direction that the PEC has been asked today or table if the public has not been provided enough information. Stockmar —Stated this is a difficult parcel with much time that has passed since this has been done. Spence — Clarified that Commissioner Stockmar is referring to one owner. Stockmar — Wants to know the history and what is going on present day. He is trying to figure out what is going on and cannot make a decision based on uncertainties. Spence — Stated you are being asked today to vote on a consolidated exemption plat and a recommendation to Town Council for a rezoning. PEC Comment Gillette —A split rail fence should not dictate the Town of Vail zoning Code. Stated it should remain the way it is today. The intent that the area was intended to be Open Space and should remain as open space. Stockmar — Stated the PEC look at tabling the application and have the applicant provide the applicable covenants. Perez —Asked for the "linked commitment" Baker — Stated she could read the three covenants. Baker then read the applicable private covenant recorded July 8, 1963, which references the south area, not D-1. Baker then read the covenant for Tract E. Baker read the covenant from 1971. Gillette — The PEC cannot enforce the covenants, but can enforce open space. Kjesbo — Stated he believes it should be consolidated. The PEC cannot deal with private covenants, but they are in place. He stated he would like to see the application approved. Hopkins — The zoning was implemented in 1971 around the Tivoli. It was intended for the area to be open space and she wants to preserve the area. Hopkins wants to enforce the covenants around D-1. It is one of the few cut through points to the mountain during the winter. Kurz —Agrees with Kjesbo. Stated he had a concern earlier with notification and stated notices were given appropriately and on time. The fact that the PEC received three letters today, means the PEC should not table today due to the notice. Nuebecker — Stated the PEC should focus on the zoning criteria. Perez —Asked who is in violation to the view corridor. Spence — Confirmed there is no view corridor on site. The existing covenants and zoning would provide development standards and protections. Hopkins —Asked about the potential to build a 24' wide drive aisle near the trail. Stockmar — It appears the applicant has met the requirements that are necessary to be met. Kurz — Stated the PEC should not ignore the findings provided by Staff. The decision should be based on Staff's findings and the criteria provided. Gillete — Motioned for denial based on Goal #4 of the Vail Village Master Plan. The motion failed without a second. Rollie Kjesbo moved to approve. Brian Stockmar seconded the motion and it passed (4-2). Ayes: (4) Hopkins, Kjesbo, Kurz, Stockmar Nays: (2) Gillette, Perez Absent: (1) Lockman 3.4. A request for a recommendation to the Vail Town Council for a zone district 20 min. boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District, and setting forth details in regard thereto. (PEC18-0022) Applicant'VailPoint LLC, represented by Pylman &Associates, Inc. Planner: Jonathan Spence Rollie Kjesbo moved to approve. Brian Stockmar seconded the motion and it failed (3-3). Ayes: (3) Kjesbo, Kurz, Stockmar Nays: (3) Gillette, Hopkins, Perez Absent: (1) Lockman 3.5. A request for review of Major Exterior Alteration, pursuant to Section 12-713- 45 min. 7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0016) The applicant is returning to the PEC to discuss discreet elements of the project. No request for formal action is being made at this time. Staff requests that this item be continued to the July 9, 2018 Planning and Environmental Commission meeting. Applicant$attle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence https://www.youtube.com/watch?v=OanGZnfflns&t=11s (Video of automated parking system) Planner Spence began by introducing the application and gave a brief overview. Tom Braun then spoke on behalf of Battle Mountain LLC. Braun wanted a follow up to what happened at the previous PEC meeting. The applicant made refinements to the plans and intends to present the revised plans today. Braun walked the PEC through today's agenda covering discussion topics from the 6/11 staff memo. Today's follow up discussion will cover live beds, setback variance/west wall, and roof and wall interface. Setback Variance — The site plan shows unified development at the site. The setback allows for the sites to be merged together. Braun showed several different solutions to the large western wall, including a mountain graphic profile. Kurz — Stated Braun has addressed the PEC's original comment. Stockmar agreed. Roof/Wall Interface — Stated the applicant looked at a lot of different solutions. The south elevation was shown. The dormer brought out to edge and removed large eave line Stockmar — Stated the applicant accommodated the PEC's request and is moving in the right direction. Spence — Staff has had the opportunity to review what the PEC sees before them today. Staff is supportive of the changes. Roof Material and Snow Shedding — Braun shared photos from other examples of buildings in Town showing the material. North Elevation — The rendering shows changes to windows and the dormer added. This shows the reduction in balconies and windows to reduce intrusion of the property to the north. Automated Parking —Automated is used to increase efficiencies, particularly when working with a small lot and dense areas. There has been a rapid increase in automated systems in the United States. Braun then shared a video of the automated system. Braun stated two cars can move simultaneously with two elevators. The technology will either be ticket based or fob based systems. Gillette — Asked if a traffic study would be completed to study the demand ratio to number of cars would work in the Town of Vail. Braun — Stated the system can park a car within 90 seconds. The parking is not for retail parking. Gillette — Asked if City Lift has dealt with a large amount of silt and salt during the winter months. Braun — Maintenance occurs quarterly, but the rate can be increased, if necessary during the winter months. A system has been installed in Wisconsin and has been running well, even during the winter months. On the operations side, most issues are fixed on a computer in LA. One example is a switch goes out, then a local service provider is sent on sight. Stockmar — Confirmed access will be taken from the existing alley, which is a nightmare currently when traffic backs up. Braun —A good portion of the alley is in the shade. The alley will be heated to address the past ice issues. Stockmar — Asked how will parking violations be avoided in the future along the alleyway. Braun — Both parties will remedy the situation in the future. Kjesbo —Asked if a ramp system would work? Kit Austin — Pierce Architects looked at ramp systems and the ramp would be inefficient, if not impossible. Braun — Confirmed there will be two elevators for the cars. Stockmar —Asked if there will be a connection to the property to the west Braun — Confirmed there will be no connection. Pay in Lieu Parking — Parcels in green are the Village Core Area and a few areas to the eastern side of Lionshead to be within the zone. Parking cannot be located on the sites within the zone. Braun explained the rationale for the amendment for the area to be removed from the pay in lieu area. Existing/Interim/Proposed Parking — Braun presented existing parking spaces, including the following: Launch — 52 spaces Lazier — 91 spaces • Total — 143 spaces Proposed Parking includes a total of 71 spaces or more. 91 spaces are currently shown on plans. PEC Comments Kjesbo — Asked can the PEC provide the applicant how to allocate parking. Spence — No Stewart McNab — Stated there is more than the Launch application. Requested a Condition of approval — parking should match at least the number that is there currently. Spence — The review of the demo of the top deck is not under the purview of the PEC and there is no time limit of when it should be replaced with redevelopment. Stockmar — Stated staff provided the PEC with parking plans during the interim highlighted in the memo. Dale Bugby — Stated parking in Lionshead is in high demand and of high value. The original letter than talked about 69 spaces needed to be protected on the site. There are now four buildings without parking spaces that cannot be utilized today. Concerned about closing ramp, which is an access point for his property. Gillette —Asked if Matt Mire will be at the next meeting. Spence — Stated it will be an executive session and specific questions should be highlighted before meeting with the Town Attorney. Bob Lazier — Stated 69 spaces for Lift House is not the correct number. Parking will be covered in the future by replacing what is there currently with the same number, if not more parking. PEC Comment Kjesbo — The applicant reviewed the PEC's questions. He is still mixed on mechanical parking, but understands why the applicant needs to do it. Still questions the north side from a design perspective, but the DRB will review the elevation. The applicant addressed the roof very well and looks forward to the final design. Gillette — No comment. Stockmar — Thanked the applicant for resolving the lid issue. The north facade is still boring, but it is outside the PEC's purview to address. He has seen the automated parking work over the years, even in bigger buildings. Perez — Thanked Staff and the applicant for addressing concerns. Concerned though over the size of the parking garage due to the large number of visitors. Perez asked for clarification over size of vehicles and if the garage can accommodate most vehicles. Kjesbo — Worried about sludge and maintenance of the automated garage. Asked how long it could take to fix an issue with the garage. Hopkins —Appreciated the changes and the plans are getting better. Kurz — Believed the building is more appealing today than at the last meeting. Kurz would like to see more in terms of the automated parking video and how it would work in Vail's environment. Additionally, how the winter climate will impact the garage with slug and build up. He stated there are 69 spaces for Lift House and others state this is not correct. He would like to see the parking issue agreed to by all parties. Braun — Stated he and the applicant will return with more information on the parking system. Braun stated he wants to focus on Launch's property today, not Bob's project. Kjesbo — Stated if the applicant meets the parking requirement, the PEC should not have to review private agreements. Staff requests all four items be tabled to July 9 meeting. Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 3.6. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor 5 min. Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property lines between two (2) development lots located at 500 & 534 East Lionshead Circle/Lots 1,2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0017) Staff will not be providing a staff memorandum for this item. Staff requests that the Planning and Environmental Commission continue this item to the July 9, 2018 meeting. Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 3.7. A request for a recommendation to the Vail Town Council for a prescribed 5 min. regulations amendment to Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail Town Code, to remove Lot 1A, Lot 2A and Tract K of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, and setting forth details in regard thereto. (PEC18- 0019) Staff will not be providing a staff memorandum for this item. Staff requests that the Planning and Environmental Commission continue this item to the July 9, 2018 meeting. Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 3.8. A request for the review a variance from Section 12-7H-10, Setbacks, Vail 5 min. Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0018) Staff will not be providing a staff memorandum for this item. Staff requests that the Planning and Environmental Commission continue this item to the July 9, 2018 meeting. Applicant$attle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 3.9. A report to the Planning and Environmental Commission on the 5 min. Administrator's approval of an amendment to an existing Conditional Use Permit, pursuant to Section 12-813-3, Conditional Uses; Accessory buildings (permanent and temporary), Vail Town Code, to allow for the replacement of the existing golf starter shack with a new starter shack building at the Vail Golf Course, located at 1655 Sunburst Drive, a collection of platted and unplatted parcels (a complete legal description is available at the Community Development Department Office), and setting forth details in regard thereto. (PEC 18-0023) Applicant'Vail Golf Course, represented by Pierce Architects Planner: Justin Lightfield Kjesbo recused himself as a member of the Vail Rec. Board Planner Lighfield explained the project and staff's action. Kit Austin explained that it would not impact the course or play. Stockmar questioned the heaviness of the roof. No formal action taken. 3.10. A request for review of a variance from Section 12-21-12, Restrictions in 30 min. Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. (PEC18-0020) ApplicantUichael & Yoshimi Moore, represented by Visual I mpax Planner: Justin Lightfield Variance 1: Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. Approval of this variance is contingent upon the applicant obtaining Eagle River Water & Sanitation District approval for this proposal. 3. The square footage of the hammerhead driveway shall be reduced and landscaping shall be added between the hammerhead and the public road. 4. Curb and gutter shall go from the western corner of the subject property to the eastern corner of Rush Condominium lot. The improvement costs shall not be borne by the Town of Vail. 5. The parking spaces shall be labeled for each individual condo owner at the Rush Condominiums (1-4). 6. The plan to be approved by the Design Review Board shall incorporate all practical measures to prevent additional parking anywhere to the east of the proposed garage. Brian Stockmar moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman Variance 2: Section 14-3-1, Minimum Standards, Curb Cuts 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. Approval of this variance is contingent upon the applicant obtaining Eagle River Water & Sanitation District approval for this proposal. 3. The square footage of the hammerhead driveway shall be reduced and landscaping shall be added between the hammerhead and the public road. 4. Curb and gutter shall go from the western corner of the subject property to the eastern corner of Rush Condominium lot. The improvement costs shall not be borne by the Town of Vail. 5. The parking spaces shall be labeled for each individual condo owner at the Rush Condominiums (1-4). 6. The plan to be approved by the Design Review Board shall incorporate all practical measures to prevent additional parking anywhere to the east of the proposed garage. Planner Lighfield spoke to the changes since the last meeting. The applicant, Scott Handler with Visual I mpax walked the commission through the changes, primarily to the parking layout. A brief discussion of the fire hydrant was held. Hopkins asked about the location of the stairs and trash in relation to the parking and garbage containers. The applicant provided clarification. Stockmar asked about the existing parking conditions, double parking etc. Tom Kassmel spoke to it occurring elsewhere in town and feels that the proposal will be an improvement. Spoke to the possibility of curb and gutter. The applicant spoke to the solution to the double parking situation. Hopkins asked about snow removal. Gillette spoke to the purpose of the variance and one parking space per unit. Hopkins spoke to the lack of a hammerhead and the excessive amount of pavement to the west. Gillette clarified the request to remove pavement and replace with landscaping. Kassmel spoke to the number of parking spaces required and vehicle movement. The applicant spoke to his willingness to change the plans but thought it would not be approved by the Town Engineer. Hopkins asked that the DRB be directed to address access to the condos and the west pavement. Perez is struggling and feels that the project has gone backwards. Too much parking. Recommends a reduction in pavement. Stockmar- Applicant has responded to requests. Recognizes challenges. Concurs about a reduction in pavement. Gillette -Would like a COA regarding labeling the parking spaces Kjesbo- Recommends further design changes to restrict parking and allow adequate snow storage. Stockmar-Would recommend negotiating with Rush condos to solve the parking situation. Kurz- Concurs with Rollie that design solutions are needed to prevent unwanted parking. Appreciated applicants response to Commissioners concerns. Brian Gillette moved to approve with conditions. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 4. Approval of Minutes 4.1. PEC Results June 11, 2018 5. Adjournment The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department Ad #: 0000262136-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 6/22/2018 and that the last publication of said notice was dated 6/22/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 6/22/2018. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 6/22/2018. �1 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 JEr 1 LYA�'i rt4L als�6 rebrarew RuaL�.�. iGFF <7i'Lgf,{14PC0 ppTARY'[7:ldSfd0g938D' N'/ Cf,Y�;SIgH %'%171lw4AIiGi15T9,2�' THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN Met Me Planning .ad Environmentalmm Commission of Me Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town lc tl , on July 8, 2018 at 1:00 pm In Me Town of Vail Municipal Pudding. A request to, the review of Variance from Section 12-6C-10, Lantlscapingpantl Sile Uevelopmenf, Val Town Codel Tour_wn Code, to Chapter 12-17, Variances, allow for a deviation Irom the sixty percent (60%) I.W—ping requirement, located at 5128 Grouse LarwLo18, Block 1, Gore Creek SubdiMslon, and setting forth details in regard thereto. (PEC18-0026) Applicants: Stanley A Karen Jeanko, represented by Marlin Manley Architecls Planner: Just, Lightflekl Arequest for Mmment e review of an Aendto a Condigonal Use Permit, pursuam W Secton 12-9C-3, Conditonal Usas,Vall Town Code, to allow for the replacement of the existing main,- ,, iecility with a new maintenance facility M the Vail Go' Course, located at 1278 Val Valley Dr—Unplab,d, and setting lodh detalls In regard thereto. (PEC1B-OD27) Applicants: Vail Golf Cou e, represented by Pi woe Architects Planner: Jusfin Llghliiekf The applications and information about the proposals are available for public inspection d,ang Dili,, houre at Me Town of Vail Community Development oaperiment, 75 South Frontage Road. The public is invited to attend site visits. Please call 970-479-2138 or visit vailgov Wplanningforadtlitionalinforma- tion. Sign language interpretation vailable upon requestoni 24-hour notification, die 711. Published June 22, 2018 In the Vail Belly. 00Do262136 Ad #: 0000270755-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein, that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 7/6/2018 and that the last publication of said notice was dated 7/6/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 7/20/2018. Mark Wurzer, Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 7/20/2018. �1 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 JEr 1 LYA�'i rt4Lals�6 rebrArew RuaL�.e. RUFE<7i'Lgf,{14AOO ppTARY'[7:ldSPk99938A' N'/ 0G';SIfFN %'%c71lw4AliGi15P9,21�' PLANNING AND ENVIRONMENTAL COMMIS. SION July 9, 2918, 1:90 PM Town Council Chambers ro 755. Fntage Road. Vail, Colorado, 81657 in & Karen Jerenko, represen Said rwie, of an amendment to ar - P -1t, pursuant to Section Uaea, Vail Town Code, to alloy A the existing maintenance Is. ant: Vail Golf Course, reprea,medl by Pie m: Justin Lightfield request for review of Major Exterior Alteration m to Section 12-76- 7, Exterior Alterations of a sm., Vail Town Cod., to allow for construe muk8amily structure with below rade to ins«fad et av P»»t i��ha»d rirnlei�M 9 Block 1, Vail Lionsh-d Filing 1, and setting '.tails in regard thereto. (PEC18-0016) 45 min. )art: Battle Mountain LLC, represented by Associates, Inc. en Jonathan Spence request or review of a final plat, pursuant to to allow for a subdivision to reconfigure the ant to 5i Fund E-1, tion 12-3-7 commendation to the Val fcribed regulations amend 16 Exempt Areas: Parkint oymCode, pursuant to Sec Vail Town gumd u to r11— roc[ L and Tract M of tnshe.d, Black 1, from the lea for parking regulations in date a m regard thereto. lead LLC & Battle Moutnain m Aaamiatea, Inc. -i—Vie for the stair memoran s reques. . Mountain LLC, represented by 1 Spence PEC Results i. Please call 711 to 3 hour prior to meet- cment 5,2918.9009279755