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HomeMy WebLinkAbout2001-0709 PECTHIS ITEM MAY AFFECT YOUR PROPERTY} PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental. Commission of the Town of Vail will hold a public hearing in accordance with Section 12 -3 -6 of the Municipal Code of the Town of Vail on July 9, 2001, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a rezoning from Commercial Core I to Commercial Service Center, a major amendment to Special Development District No. 21, a text amendment to Section 12 -7E -4 of the Vail Town Code, to allow for private clubs as a conditional use in the Commercial Service Center zone district, a conditional use permit for a private parking club in the Commercial Service Center zone district, and a conditional use permit to allow for residential dwelling units in the Commercial Service Center zone district, located at 12 Vail Road / portions of lots O and N, Block 5D, Vail Village 1S Filing. Applicant: Mountain Owners, L.P., represented by Braun Associates Planner: Allison Ochs A request for a final review and a recommendation to the Vail Town Council on the Town of Vail's proposed Meadow Drive streetscape improvement project, located at East/West Meadow Drive, Vail Village. Applicant: Town of Vail Planner: George Ruther A request for a recommendation to the Vail Town Council on the adoption of the Arts in Public Places Master Plan. Applicant: Town of Vail, represented by Braun Associates, Inc. Planner: Ann Kjerulf The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 479 -2136 for information. Sign language interpretation available upon request with 24 -hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published June 22, 2001 in the Vail Trail. TOwN OF VAI.L 1 04 THIS ITEM MAY AFFECT YOUR PROPERTY ?� PUBLIC NOTICE S HEREBY GIVEN that the Planning nd Environmental Commission of the Town of Si n� NOTICE I Vail will hold a public hearing in accordance with Section 12 -3 -6 of the Municipal Code of the Town of Vail on July 9, 2001, at 2:00 P.M. in the Town of Vail Municipal Building. In � consideration of: A request for a final review of a minor subdivision proposal, located at 3834 & 3838 Bridge Road/ Lots 11 & 12, Bighorn Subdivision 2 Addition. Applicant: Gary Weiss, represented by Steve Riden, Architect Planner: Ann Kjerulf A request for a final review of a minor subdivision proposal, located at 3816, 3826, and 3828 Bridge Road/ Lots 8, 9, & 10, Bighorn. Subdivision 2 nd Addition. Applicant: Jeff Dahl and Julie Frasier, represented by Steve Riden, Architect Planner: Ann Kjerulf The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 479 -2138 for information. Sign language interpretation available upon request with 24 -hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published June 22, 2001 in the Vail Trail. TRY OF PAIL 1 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING SCHEDULE Monday, July 9, 2001 PROJECT ORIENTATION f - Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Site Visits : Gateway — 12 Vail Road Driver: George MEMBERS ABSENT � NOTE. If the PEC hearing extends until 6:00 p.m Public Hearing - Town Council Chambers 2 :00 pm 1. A request for a rezoning from Commercial Core I to Commercial Service Center, a major is amendment to Special Development. District No. 21, a text amendment to Section 12 -7E -4 of the Vail Town Code, to allow for private clubs as a conditional use in the Commercial Service Center zone district, a conditional use permit for a private parking club in the Commercial Service Center zone district, and a conditional use permit to allow for residential dwelling units in the Commercial Service Center zone district, located at 12 Vail Road f portions of lots O and N, Block 5D, Vail Village 1 Filing, Applicant: Mountain Owners, L.P., represented by Braun Associates Planner: Allison Ochs A request for a final review to amend certain residential zone districts in the Town of Vail to allow home day care facilities subject to the issuance of a conditional use permit and a home occupation permit. Applicant: Town of Vail Planner: George Ruther 1 A request for a final review of a minor subdivision proposal, located at 3834 & 3838 Bridge Road/ Lots 11 & 12, Bighorn Subdivision 2" Addition. Applicant: Gary Weiss, represented by Steve Riden, Architect Planner: Ann Kjerulf TABLED UNTIL JULY 23, 2001 �7 it yS TORY OF L ain '' 12:00 pm 1:00 pm , the board may break for dinner from 6:00 - 6:30 4. A request for a final review of a minor subdivision proposal, located at 3816, 3826, and 3828 Bridge Road/ Lots 8, 9 & 10, Bighorn Subdivision 2 " Addition. Applicant: Jeff Dahl and June Frazier, represented by Steve Riden, Architect Planner: Ann Kjerulf TABLED UNTIL JULY 23, 2001 5. A request for a final review and a recommendation to the Vail Town Council on the Town of Vail's proposed Meadow Drive streetscape improvement project, located at East/West Meadow Drive, Vail Village. Applicant: Town of Vail Planner: George Ruther TABLED UNTIL JULY 23, 2001 6. A request for a recommendation to the Vail Town Council on the adoption of the Arts in Public Places Master Plan. Applicant: Town of Vail, represented by Braun Associates,, Inc. Planner: Ann Kjerulf TABLED UNTIL JULY 23, 2001 7. Approval of June 25, 2001 minutes 8. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479 -2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department Published July 6, 2001 in the Vail Trail. 0 is PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING RESULTS Monday, July 9, 2401 PROJECT ORIENTATION f - Community Development Dept. PUBLIC WELCOME 12:00 prn MEMBERS PRESENT Galen Aasland Diane Golden Doug Cahill Dick Cleveland MEMBERS ABSENT John Schofield Chas Bernhardt Brian Doyon Site Visits : 1:00 pm 1. Gateway — 12 Vail Road Driver: George NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing - Town Council Chambers 2:00 pm 1. A request for a rezoning from Commercial Core I to Commercial Service Center, a major amendment to Special Development District No. 21, a text amendment to Section 12 -7E -4 of the Vail Town Code, to allow for private clubs as a conditional use in the Commercial Service Center zone district, a conditional use permit for a private parking club in the Commercial Service Center zone district, and a conditional use permit to allow for residential dwelling units in the Commercial Service Center zone district, located at 12 Vail Road 1 portions of lots O and N, Block 5D, Vail Village 1" f=iling. Applicant: Mountain Owners, L.P., represented by Braun Associates Planner: Allison Ochs WORKSESSION — NO VOTE 2. A request for a final review to amend certain residential zone districts in the Town of Vail to allow home day care facilities subject to the issuance of a conditional use permit and a home occupation permit. Applicant: Town of Vail Planner: George Ruther MOTION: Doug Cahill SECOND: Dick Cleveland VOTE: 4 -0 RECOMMENDATION OF APPROVAL TO THE TOWN COUNCIL, IN ACCORDANCE WITH THE STAFF MEMORANDUM. 0 TOWN OF �114& 3. A request for a final review of a minor subdivision proposal, located at 3834 & 3838 Bridge Road/ Lots 11 & 12, Bighorn Subdivision 2nd Addition. Applicant: Gary Weiss, represented by Steve Riden, Architect Planner: Ann Kjerulf TABLED UNTIL JULY 23, 2001 4. A request for a final review of a minor subdivision proposal, located at 3816, 3826, and 3828 Bridge Road/ Lots 8, 9, & 10, Bighom Subdivision 2' Addition.. Applicant: Jeff Dahl and June Frazier, represented by Steve Riden, Architect Planner: Ann Kjerulf TABLED UNTIL JULY 23, 2001 5. A request for a final review and a recommendation to the Vail Town Council on the Town of Vail's proposed Meadow Drive streetscape improvement project, located at East/West Meadow Drive, Vail Village. Applicant: Town of Vail Planner: George Ruther TABLED UNTIL JULY 23, 2001 6. A request for a recommendation to the Vail Town Council on the adoption of the Arts in Public Places Master Plan. 49 Applicant: Town of Vail, represented by Braun Associates, Inc. Planner: Ann Kjerulf TABLED UNTIL JULY 23, 2001 7. Approval of June 25, 2001 minutes TABLED UNTIL JULY 23, 2001. 8. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479 -2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department • lil MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: July 9, 2001 SUBJECT: A request for a rezoning from Commercial Core I to Commercial Service Center, a major amendment to Special Development District No. 21, a text amendment to Section 12 -7E -4 of the Vail Town Code, to allow for private clubs as a conditional use in the Commercial Service Center zone district, a conditional use permit for a private parking club in the Commercial Service Center zone district, and a conditional use permit to allow for residential dwelling units in the Commercial Service Center zone district, located at 12 Vail Road I portions of lots O and N, Block 5D, Vail Village 1" Filing. Owner: Mountain Owners, L.P. Applicant: Timberline Commercial Real Estate, represented by Braun Associates, Inc. Planner: Allison Ochs • I. INTRODUCTION TO THE REQUEST The applicant, Mountain Owners, L.P., has submitted an application to the Department of Community Development for the Vail Gateway, located at 12 Vail Road. The proposal consists of three major elements: 1. Allowing office uses and other commercial uses on the first level of the building, 2. Adding two residential dwelling units and 4,345 sq. ft. of GRFA, and 3. Allowing a private parking club within the building. These three elements of the proposal require the following processes: A rezoning of the underlying zoning of Commercial Core I to Commercial Service Center. This is discussed in Section V of this memorandum. 2. A major amendment to Special Development District No. 21, to allow for the changes in development standards as prescribed by the special development district. This is discussed in Section VI of this memorandum. 3. A text amendment to Commercial Service Center to allow for a private club as a conditional use. This is discussed in Section VIII of this memorandum. 4. A conditional use permit for a private club. The private club proposed is a private parking club, which would allow the excess parking on the site to be available for private use. This is discussed in Section VII of this memorandum. 5. A conditional use permit to allow for residential dwelling units in the Commercial Service Center zone district. Multiple - family dwellings are a conditional use in the Commercial Service Center zone district. This is discussed in Section VII of this memorandum. The Planning and Environmental Commission will be making a recommendation to the Town Council on the rezoning, the major amendment to Special Development District No. 21, and the text amendment to the Commercial Service Center zone district. The Planning and Environmental Commission is the final review board for the conditional use permits. The applicant has identified the following public benefits associated with this application: 1. The proposed application provides for a mix of office and residential uses that are consistent with the goals and objectives of the Town of Vail and the Vail Village Master Plan and which are currently not allowed on the property. The proposal brings the property into conformance with the Vail Village Master Plan. 2. The Town of Vail has had the long held goal of bringing employees back to the Town by increasing the supply of office space within the Town. This application implements this long held goal. 3. The proposal will improve the sales tax generated for the Town of Vail by bringing clients and employees into the Town of Vail who will in turn spend dollars in retail shops and restaurants whereas today no sales tax is generated by a vacant building. 4. The proposal will inject life and activity into an empty building in a landmark setting within the Town and eliminate the perception of economic instability in the Town. 5. The proposed application provides for uses within the building that will improve the economic stability of the property and prevent an economically distressed property from becoming a physical and financial burden on the Town of Vail and the property owner. STAFF RECOMMENDATION Staff is recommending approval of the rezoning from Commercial Core I to Commercial Service Center, a major amendment to Special Development District No. 21, a text amendment to Section 12 -7E -4 of the Vail Town Code, to allow for private clubs as a conditional use in the Commercial Service Center zone district, a conditional use permit for a private parking club in the Commercial Service Center zone district, and a conditional use permit to allow for residential dwelling 0 0 units in the Commercial Service Center zone district, located at 12 Vail Road 1 portions of lots O and N, Block 5D, Vail Village 1" Filing, subject to the findings 0 and criteria as outlined in this staff memorandum. The specific findings and conditions associated with each application are listed below: Rezoning from CC1 to CSC Staff is recommending that the Planning and Environmental Commission forward a recommendation of approval of the rezoning from Commercial Core I to Commercial Service Center to the Town Council subject to the following findings: 1. That the proposed zoning of Commercial Service Center is suitable with the existing land use on the site and adjacent uses. 2. That the amendment presents a convenient workable relationship with land uses consistent with municipal objectives. 3. That the rezoning provides for the growth of an orderly viable community. 4. That the change is consistent with the Land Use Plan. Major amendment to SDD #21 Staff is recommending that the Planning and Environmental Commission forward a recommendation of approval of the major amendment to Special Development District No. 21 to the Town Council, subject to the following findings: That the proposed amendment to Special Development District No. 21, Vail Gateway, complies with the nine design criteria outlined in Section 12 -9A -8 of the Town of Vail Municipal Code. The applicant has demonstrated to the satisfaction of the Commission that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Should thb Planning and Environmental Commission choose to recommend approval of the proposed amendment to SDD #21, staff recommends the following conditions: 1. That the applicant completes each of the items listed below regarding basic maintenance and improvements prior to the issuance of a T.C.O. for any of the units (residential or office) within the Gateway: a. All of the signs for the businesses that are no longer located within the building shall be removed. b. The sidewalk on the north side of the building shall be repaired C. The floodlights on the northwest corner of the building shall be removed. I � d. The stairwell on the east side of the building shall be cleaned and repaired. e. The lattice on the east side of the building shall be repaired. Q r • 2. That the applicant enters into an agreement with the Developer of the Vail Plaza Hotel East to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve potential loading and delivery concerns at the Gateway. Once a coordinated effort is reached the applicant shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. 3. That the applicant submits an application to the Department of Community Development prior to second reading of an ordinance for a Conditional Use Permit to create housing for a minimum of 8 employees. Conditional Use Permit — Multiple- family dwelling units Staff is recommending approval of the conditional use permit to allow for a total of 9 multiple-familly dwellings at the Vail Gateway, subject to the following findings: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. Conditional Use Permit— Private Club Staff is recommending approval of the conditional use permit to allow for a p rivate club at the Vail Gateway, subject to the following findings: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. 00 The recommendation of approval is subject to the following conditions: 4 • 1. Prior to second reading of the amending ordinance, that the applicant provides a parking plan which identifies the use of each individual parking space. This information will be kept on file with the Department of Community Development. Each space must be signed on the site accordingly. 2. That the approval of the conditional use permit for the private parking club is subject to the approval of the text amendments by the Town Council as outlined in Section VIII of the staff memorandum. 3. That the excess parking spaces for the private club shall be rented or leased and shall not be sold separately from the building, and that the applicant shall provide a copy of the rental or lease agreement to the Community Development Department prior to the issuance of a T.C.O. for any of the uses within the building. This agreement shall be part of the conditional use permit.. Text Amendments Staff is recommending that the Planning and Environmental Commission forward a recommendation of approval of the text amendments of the Vail Town Code to the Town Council, subject to the following findings: 1. That the proposed amendments are consistent with the development objectives of the Town of Vail as stated in the Vail Land Use Plan. 2. That the proposal is consistent and compatible with existing and potential uses within Vail and generally in keeping with the character of the Town of Vail. Ill BACKGROUND AND HISTORY OF THE GATEWAY The Vail Gateway was originally the site of the Amoco Station, previously zoned Heavy Service (HS). In 1988, an application was received to rezone the property from HS to CC1 and approve a Special Development District to facilitate the development of a mixed -use project which included retail, restaurant, commercial, office, and residential uses. Special Development District No.21 (Vail Gateway) was approved by Ordinance No. 9 in 1988. The expressed purpose of adopting SDD #21 was to allow for the rezoning of the property from HS to CC1. CC1 zoning and SDD #21 were adopted to allow for a mix of uses on , the property and to allow the development to exceed building height, as otherwise prescribed in the CC1 zone district. Public benefits realized through the adoption of Ordinance No. 9 include, among other things, a pedestrian walkway on the north and west sides of the property, and substantial landscape improvements to the Vail Road and South Frontage Road intersection. The following briefly outlines the Vail Gateway's development history: January 3, 1988 — An application is submitted to the Town of Vail Community Development Department on behalf of Mr. Leo Palmer proposing the 5 establishment of SDD #21. The establishment of the District would require a rezoning of the property from HS (gas station) to CC1. February 22, 1988 -- The Planning & Environmental Commission held a public hearing to discuss the SDD proposal and the rezoning. In their memorandum to the Commission staff expressed a concern with the proposed bulb and mass of the building and its effects on views to Vail Mountain. The staff further expresses to the Commission that according to the initial work done by Eldon Beck on building heights for the gas station, "The Eldon Beck study does show that building heights for the development of this parcel of land should reach one to two stories." The applicant was requesting a maximum building height of 62 feet. March 9, 1988 — Jeff Winston, the Town's Urban Design Consultant, addresses the Commission. In his presentation, Jeff offered a brief history on the development of the view corridor for the Vail Village Inn area. The following is the staff recommendation on the request to establish SDD #21: Staff generally supports the mixed use concept proposed in this redevelopment plan and the concept of the rezoning to CC 1. Although it may be considered spot zoning, we feel that the uses are compatible with the adjacent Vail Village Inn Special development District and are appropriate for this location within the community. ,However, we are not supportive of the uses proposed without the left tum lane and elimination of the surface parking as well as adequate parking provisions. We feel that the general concept of development proposed by the applicant is appropriate and believe that there is an opportunity here to provide an exciting and aesthetically pleasing entrance into Vail. The Community Development Department staff had, however, major concerns with the project as proposed. Staff felt the issues of bulk and mass, height, setbacks, view corridor encroachment and parking were all important issues that must be addressed. The staff recommendation for this project was for the Planning Commission to table and allow the staff and the applicant to work together to try to resolve some of these issues. Staff believed that with adequate resolution of the aforementioned issues, staff could support this project. However, as presented, staff believed there were major issues that needed to be addressed and could not support this project as presented. Although many of the uses of the Heavy Service District would certainly not be acceptable in this location, staff felt that the existing service station was appropriate to this location. Staff believed that SDD #21 as proposed, presented impacts that were not acceptable. If the applicant wished to move forward with this project as proposed, staff recommendation was for denial. The Commissioners voted 3 -4 against a recommendation of approval to the Town Council. The dissenting votes were Hopkins, Schultz, Donovan and asterfoss. 0 N ti _April 5, 1988 — The Vail Town Council approved Ordinance No. 9, Series of 1988, An Ordinance Rezoning Lot N And A Portion Of Lot O, Block 5D, Vail Village First Filing From Heavy Service District To Commercial Core 1 An Establishing Special Development District No. 21. In part, the ordinance allowed a maximum height of 54 feet for the Vail Gateway Plaza building and the further encroachment of a building into the view of Vail Mountain from the four -way intersection. July29,, 1996 — An application is submitted to the Town of Vail Community Development Department, on behalf of Charles R. Lipcon, ,proposing a major amendment to SDD #21. The purpose of the amendment is to enclose an existing deck (460 sq. ft.) on the east side of the upper level of Condominium Unit No. 5. August 26, 1996 — The Planning & Environmental Commission held a public hearing to evaluate the major amendment request. The Building Height Plan shows the Gateway Building at 5 stories, and indicates that it does not conform to the plan (story height at 9 feet). The elevation of the existing ridge was 54 feet above grade along the south elevation. The applicant wished to extend this ridge line approximately 28 feet to the east. This raised the height of the building in the notch area. Staff believed that the additional height was not detrimental given the mass, bulk and height of the entire building. Following discussion of the request, the Planning & Environmental Commission voted unanimously (7 -0) to recommend approval of the major amendment request to the Vail Town Council. October 1. 1996 -- The Vail Town Council adopted Ordinance No. 17, Series of 1996, An Ordinance Providing For The Major Amendment Of Special Development District No. 21, Vail Gateway, Amending An Approved Development Plan For Special Development District No. 21 In Accordance With Chapter 18.40 Of The Vail Municipal Code. In adopting the ordinance, the Council found, in part, that it: ...Meets the Design Standards as set forth in Section 18.40 of the Municipal Code... and that the major SDD amendment request is in compliance with the goals and objectives of the Vail Comprehensive Plan, as well as the purpose section of the SDD Overlay Zone District. IV. ZONING ANALYSIS Please refer to the attached analysis. V. REZONING REQUEST —CRITERIA FOR EVALUATION The applicant is requesting a rezoning the Vail Gateway, located at 12 Vail Road, a portion of Lots O and N, Block 5D, Vail Village i Filing, from Commercial Core 1 (CC1) to Commercial Service Center (CSC). The property, should the rezoning be approved, would then be zoned SDD #21 with an underlying zoning of CSC. 7 lip The criteria for a rezoning are described in Chapter 12 -3 -7 of the Town Code and 40 discussed in detail below: A. Is the existing zoning suitable with the existing land use on the site and adjacent land uses? The Gateway is currently zoned SDD #21, with an underlying zoning of CC1. Ordinance No. 9, Series of 1988, approved the special development district, rezoning the property from Heavy Service (HS) to CC1, and setting forth the development standards for the property. With the underlying zoning of CC1, the uses of the property are limited by horizontal zoning. The only deviation from the current underlying zoning is from the height requirement. The purpose of the CC1 zone district is: The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the 10 maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. The applicant has requested a rezoning of the underlying zoning from CC1 to CSC. The deviations from the CSC zone district include: GRBA,. setbacks, landscape area, and building height. The purpose of the CSC zone district is: The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple - family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. There are two properties currently zoned CSC: Crossroads and the Weststar Bank Building (SCUD #23 with underlying zoning of CSC). CSC differs from CC1 primarily in that it does not vary the allowable and conditional uses in a building by story. In addition, CSC has different development standards than CC1. e Staff believes that the CSC zone district is compatible with the existing and proposed uses on the site and with adjacent land uses. Adjacent properties include the proposed Vail Plaza Hotel East (Special Development District with underlying zoning of Public Accommodation), the proposed Vail Plaza Hotel West (Special Development District with underlying zoning of Public Accommodation), and the Alpine Standard Station (Heavy Service). CSC allows for similar uses to the CC1 zone district, but does not have the same horizontal zoning requirements. The CSC zone district has been attached for reference. Staff does not believe that the uses allowed by CSC will have any detrimental effects on adjacent uses. However, the development standards prescribed by the CSC zone district tend to be more stringent that those of CC1. As a result, the deviations required from the underlying zoning will be greater. The deviations are discussed more fully in Section Vl of this memorandum. Staff believes that due to its distance from the Village Core, CC1 is not appropriate for this site. With the designation of "Mixed Use" in the Vail Village Master Plan, staff believes that CSC is more appropriate for the Vail Gateway. B. Is the amendment presenting a convenient workable relationship with land uses consistent.with municipal objectives? Staff believes that the change from CC1 to CSC presents a convenient workable relationship consistent with municipal objectives. The change in zoning allows for similar uses to what is allowed with CC1, but allows greater flexibility in the location of these uses. In addition, the allowable density of the property is reduced from 13 units to 9 units, the allowable GRFA is reduced from 80% to 40 %, site coverage is reduced from 80% to 75 %, landscape area is increased from no requirement to 20 %, and the required lot area is increased from 5,000 sq. ft. to 20,000 sq. ft. Staff believes it is necessary to state that the change from CC1 to CSC does result in a structure that does not conform to the development standards as prescribed by CSC zoning. However, an amendment to the SDD allows for devaitions from the development standards provided that the public benefits of the proposal outweigh any adverse effects of the proposed deviations. This process is described in Section VI of this memorandum. C. Does the rezoning provide for the growth of an orderly viable community? Because CSC does not include horizontal zoning, but allows for many of the same uses as CC1, staff believes that CSC will provide for the growth of an orderly, viable community. The lack of tenants in the Vail Gateway indicates that the uses allowed under CC1 are not viable in this location, Staff believes that the uses proposed with CSC zoning will be more viable, However, because the uses of the building have gone from retail E .t 0 and restaurant Uses to office uses, there will be a loss of potential sales tax revenue. CSC does allow the flexibility for these uses to return. Is the change consistent with the Land Use Plan? The Vail Land Use Plan identifies the Vail Gateway as part of the Vail Village Master Plan, which is discussed in detail below. Staff has identified the following goals and objectives from the Vail Land Use Plan which staff believes are applicable to this proposal: 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). 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.8 Day skiers need for parking and access should be accommodated through creative solutions such as: a) Increased busing from out of town. b) Expanded points of access to the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. d) Addition of structured parking. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More nighttime businesses, on -going events and sanctioned "street happenings" should be encouraged. 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long 4 6 as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 10 K • 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 4.4 The connection between the Village Core and Lionshead should be enhanced through: a) Installation of a new type of people mover. b) Improving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, andfor sculpture plaza. c) New development should be controlled to limit commercial uses. 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. r 5.4 Residential growth should keep pace with the marketplace 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. The Vail Village Master Pisan identifies the property as "Mixed Use ". The Vail Village Master Plan defines "mixed use" as This category includes the "historic" Village core and properties near the pedestrianized streets of the Village. Lodging, retail, and a limited amount of office use are found in this category. With nearly 270,000 sq. ft. of retail space and approximately 320 residential units, the mixed use character of these areas is a major factor in the appeal of the Vail Village. Specifically regarding the Gateway property, the Vail Village Master Plan, in part, states: "If existing approval expires this site should be studied to determine best use." Staff has identified the following goals and objectives from the Vail Village 09 Master Plan which effect this proposal: 1� - - - - - - - - - - - - - - - - - - IP Goal #1— Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.2.1 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. Goal #2 — To foster a strong tourist industry and promote year - around economic health and viabilty for the Village and for the community as a whole. 2.1 Objective: Recognize the variety of land uses found in the 10 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.4 Objective: Encourage the development of a variety of new commercial activity where compatible with existing land uses. 2.5 Objective. Encourage the continued upgrading, renovation, and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 0 2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. Goal #5 — Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation system throughout the Village. 5.1 Objective: Meet parking demands with public and private parking facilities. 5.1.3 Policy: Seek locations for additional structured public and private parking. Staff believes that the rezoning from CC1 to CSC is consistent with the goals and objectives of the Vail Land Use Plan and the Vail Village Master Plan. VI THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT PROCESS The applicant is also requesting a major amendment to SDD #21. The only deviation from underlying zoning when the Gateway was originally approved with CC1 as the underlying zone district was from the height restrictions. The public benefit identified for the SDI] was a pedestrian walkway on the north and west sides of the property. At the time, no employee housing units were required. 12 With the major amendment to the SDD, no exterior changes are proposed. The addition of GRFA and the change in the underlying zoning from CC1 to CSC require a major amendment to the SDD. It is important to note that with the change from CC1 to CSC, the deviations from the underlying zone district of CSC are greater than those from CC1. Specifically, the deviations are for GRFA, setbacks, building height, and landscape area. According to Section 12 -9A -9 of the Zoning Regulations: Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the Town Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone' district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in Section 12 -9A -8 of this Article_ Chapter 12 -9 of the Town of Vail Municipal Code provides for the amendment of existing Special Development Districts in the Town of Vail. According to Section 12 -9A -1, the purpose of a Special Development District is, To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. According to Section 12 -9A -2, a major amendment to a Special Development District is defined as, Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this Section), except as provided under Sections 12 -15 -4, "Interior Conversions", or 12 -15 -5, "Gross Residential Floor Area (250 Ordinance)" of this Title. The Municipal Code provides a framework for the amendment of an established Special Development District. According to the Municipal Code, prior to site 40 preparation, building construction, or other improvements to land within a Special Development District, there shall be an approved development plan for the Special Development District. The approved development plan establishes 13 requirements regulating development, uses and activity within the Special 40 Development District. Upon final review of a proposed major amendment of an existing Special Development District, a report from the Planning and Environmental Commission stating its findings and recommendations and a staff report shall be forwarded to the Town Council, in accordance with the provisions listed in Section 12 -16 -6 of the Municipal Code. The Town Council's consideration of the Special Development District shall be in accordance with the provisions of the Municipal Code and approved by two readings of an ordinance. An approved development plan is the principal document in guiding the development, uses and activities of the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan, parking plan, preliminary open space/landscape plan, densities and permitted, conditional and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Special Development District, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Municipal Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The staff has addressed each of the nine SDD review criteria below: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. No changes are proposed to the exterior of the building. Therefore, staff does not believe that this criterion applies to this major amendment to the SDD. However, there are some general maintenance concerns that staff has identified and believe should be conditions of approval: 1. All of the signs for the businesses that are no longer located within the building shall be removed. 2. The sidewalk on the north side of the building shall be repaired 3. The flood lights on the northwest corner of the building shall be removed. 14 at 4. The stairwell on the east side of the building shall be cleaned and repaired. 5. The lattice on the east side of the building shall be repaired. R. 'Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposal to redevelop the Vail Gateway include the conversion of existing retail and restaurant space into office space, the addition of two dwelling units, and the addition of a private parking club. The density allowed by CSC zoning is 18 dwelling units per acre, or 9 dwelling units allowed on this site. The applicant is proposing 9 dwelling units, which is equal to 16.2 dwelling units per acre. Staff believes that these uses are compatible with the surrounding uses, which include the Vail Plaza Hotel East (proposed), the Vail Plaza Hotel West (proposed), and the Alpine Standard. The Vail Plaza Hotel East is proposed at 12.7 dwelling units per acre. The Vail Plaza Hotel West is proposed at 6.47 dwelling units per acre. Currently, the HS zoning of the Alpine Standard does not allow any residential uses on the site. The conditional use permits required for the dwelling units and private parking club are discussed in Section VII of this memorandum_ Employee Housing Requirements As indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for Special Development District proposals. In reviewing the proposal for employee housing needs, staff relied on the Town of Vail Employee Housing Report. This report has been used by the staff in the past to evaluate employee housing needs. The guidelines contained within the report were used most recently in the review of the Vail Plaza Hotel West development proposal. The Employee Housing Report, was prepared for the Town by the consulting firm Rosall, Remmen and Cares. The report provides the recommended ranges of employee housing units needed based on the type of use and the amount of floor area dedicated to each use. The figures identified in the Housing Report are based on surveys of commercial -use employment needs of the Town of Vail and other mountain resort communities. For comparison purposes, Telluride, Aspen and Whistler B.C. all have "employment generation" ordinances requiring developers to provide affordable housing for a percentage of the "new" employees resulting from commercial development. "New" employees are defined as the incremental increase in employment needs resulting from commercial redevelopment. Each of the communities Go assesses a different percentage of affordable housing a developer must provide for the "new" employees. For example, Telluride requires developers to provide housing for 40% (0.40) of the "new" employees, Aspen requires that 60% (0.60) of the "new" employees are provided 15 x housing and Whistler requires that 100% (1.00) of the "new" employees be provided housing by the developer. In comparison, Vail has conservatively determined that developers shall provide housing for 15 (0.15) or 30% (0.30) of the "new" employees resulting from commercial development. When a project is proposed to exceed the density allowed by the underlying zone district, the 30 % (0.30) figure is used in the calculation. If a project is proposed at, or below, the density allowed by the underlying zone district, the 15 % (0.15) figure is used. This special development district major amendment proposal exceeds the density (GREA is considered a measure of density) permitted by the underlying zone district, and therefore, the 30 % figure shall be used. However, for the existing development which did not exceed density, the 15 %O figure is used. EMPLOYEE HOUSING GENERATION ANALYSIS When SDD #21 was originally approved, no employee housing units were required. The applicant is proposing no employee housing units in conjunction with this major SDD amendment. Recent SDDs and SDD amendments have required EHUs, including, but not limited to: SDD #35 — Austria Haus: 7 EHUs SDD #31 — Golden Peak House: 2 EHUs SDD #7 — Marriott Mark: 6 EHUs SDD #30 - VAC: 5 EHUs SDD #36 — Vail Plaza Hotel West: 14 EHUs The staff analysis below indicates the top, the middle and the bottom of the ranges recommended by the Town of Vail Employee Housing Report, as well as a staff recommended figure which was used in determining the employee housing needs of the Vail Gateway. Staff is providing the Employee Housing Generation Analysis for the existing development and the proposed changes: Existing Development - Bottom of Range Calculations: a) Retail/Service Commercial =6,904 sq. ft. @(511000 sq. ft.) _ 34.52 employees b) Multi Family (Club Units) =7 units @(.41unit) 2.8 employees C) Bar /Restaurant =9,444 sq. ft. @ (5/1000 sq. ft.) 47.22 employees Total Employees 84.54 = employees (X 0.15 multiplier) 12.7 = new employees Existing Development - Middle of Range Calculations: a) Retail /Service Commercial =6,904 sq. ft. @(6.511000 sq. ft.) 44.88 employees 16 17 b) Multi Family (Club Units) =6 units @(.4 /unit) — 2.8 employees C) Bar /Restaurant =9,444 sq. ft. @ (6.5/1000 sq. ft.) _ 61.39 employees Total Employees 109.07 = employees (X 0.15 multiplier) 16.4 = new employees Existing Development - Top of Range Calculations: a) Retail /Service Commercial =6,904 sq. ft. @(811000 sq. ft.) r 55.23 employees b) Multi Family (Club Units) =6 units @(.4lunit) _ 2.8 employees C) Bar/Restaurant =9,444 sq. ft. @ (811000 sq. ft.) _ 75.5 employees Total Employees 133.53 = employees (X 0.15 multiplier) 20.0 = new employees Proposed Development - Bottom of Range Calculations: a) Office: Prof essionaVOther = 12,813 sq. ft. @(511000 sq. ft.) _ 64.07 employees b) Multi Family (Club Units) =9 units @(.4 /unit) _ 3.6 employees Total Employees 67.67 = employees (X 0.30 multiplier) 20.3 = new employees Proposed Development - Middle of Range Calculations: a) Office: Professional /Other = 12,813 sq. ft. @(6.5/1000 sq. ft.) _ 83.28 employees b) Multi Family (Club Units) =9 units @(.4 /unit) _ 3.6 employees Total Employees 86.88 = employees (X 0.30 multiplier) 26.1 = new employees Proposed Development - Top of Range Calculations: a) -Office: Professional /Other = 12,813 sq. ft. @(8/1000 sq. ft.) _ 102.50 employees i 1 b) Multi Family (Club Units) =9 units @(.4 /unit) — 3.6 employees 17 G. A circulation system designed for both vehicles and pedestrians addressing on and off -site traffic circulation_ Staff believes that the existing circulation system is appropriate for the change in use. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. No exterior changes are proposed. Staff feels that the existing landscaping and open space are satisfactory. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. This criterion is not applicable to this project. VII. CONDITIONAL USE PERMIT REVIEW CRITERIA The issuance of a conditional use permit is required to allow for the residential dwelling units and the private parking club at the Vail Gateway. The applicant is proposing a total of 9 dwelling units on the site. The applicant is also proposing that 40 of the parking spaces on site be utilized as part of a private parking club. In addition, 244 sq. ft. of the building is allocated to the use of the parking club, providing guest services to the club members, including ski storage and restrooms. The review criteria for a request of this nature are established by the Town of Vail Municipal Code. The proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Title 12, Chapter 16. For the Planning and Environmental Commission's reference, the conditional use permit purpose statement indicates that: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. A. Consideration of Factors: 20 I. Relationship and impact of the use on development objectives of the Town. Multigle- family dwellings The establishment of a Special Development District does not allow a proposal to vary the uses of the underlying zoning. Multiple- family dwellings are considered a conditional use in the CSC zone district. The applicant is proposing 9 dwelling units on the property. Staff has identified the followings objectives from the Vail Land Use Plan which staff believes are applicable to the conditional use permit request for the existing and proposed multiple- family dwellings. 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 marketplace 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. Staff believes that the multiple - family dwellings meet the objectives of the Town of Vail. However, staff believes that it is necessary to provide employee housing with this development. Type III Employee Housing Units should be developed as part of the new residential GRFA that is proposed. Private club: The applicant is proposing a private parking club which, if the text amendment to CSC is approved, is considered a conditional use in the CSC zone district. A similar product can be seen at Golden Peak. Staff has identified the following objective from the Vail Land Use Plan which staff believes are applicable to the conditional use permit request for the private parking club: 2.8 Day skiers need for parking and access should be accommodated through creative solutions such as: do a) Increased busing from out of town. b) Expanded points of access to the mountain by adding additional base portals. 21 r1 c) Continuing to provide temporary surface parking. d) Addition of structured parking. In addition, staff has identified the following goals and objectives from the Vail Village Master Plan which are applicable to this project: Goal #5 — Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation system throughout the Village. 5.1 Objective: Meet parking demands with public and private parking facilities. 5.1.3 Policy: Seek locations for additional structured public and private parking. Staff believes that the provision of additional private parking through the parking club is a benefit to the Town of Vail by eliminating some of the pressure on the public parking facilities. In addition, the Vail Transportation Master Plan identifies the following goal: 40 4 Retain the private parking supply as an important and needed element. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Multiple- family dwellings: The additional dwellings are created by infilling an existing vaulted space within the Vail Gateway. Staff does not believe that there will be any negative effects of the use on light and air. The density proposed is within the allowable density for the CSC zone district. CSC allows for 9 dwelling units on this site. The applicant is proposing 9 dwelling units on site. Staff does not believe that there will be any adverse effects on the above listed criteria. Private club The private parking club will a positive impact on the above - mentioned criteria. The provision of private parking lessens the need for additional public parking facilities. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic 40 flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 22 • Multiple - family dwellings As stated above, the additional dwelling units will be created by the infill of an interior space. Staff does not believe that the additional dwelling units or existing 7 dwelling units will have any adverse effects on the above listed criteria. Private club As stated above, staff believes that the private parking club will be beneficial. It uses an underutilized parking structure. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Multiple - family dwellings Staff does not believe that the addition of 2 dwelling units, nor the existing 7 dwelling units will have a negative effect on the character of the area. Adjacent properties include other mixed use developments Nail Plaza Hotel East and West). While there are no current plans to redevelop the Alpine Standard, discussions with the owner have also indicated that a redevelopment would include a mixed -use product which would include residential dwelling units. Because there are no exterior changes proposed, staff does not believe that there will be any adverse effects on surrounding uses. be Private club Staff does not believe that the private parking club will have any negative effects on the character of the neighborhood. The parking spaces currently exist on site. B. FINDINGS The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 2. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 1 That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. w VIII. REVIEW CRITERIA AND FINDINGS FOR ZONING CODE AMENDMENTS In addition to the rezoning request, the applicant has requested an amendment to the Commercial Service Center zone district, allowing private clubs as a conditional use in the zone district. Currently, the zoning code defines "private" 23 as "A use, area, property or facility which is not public." The zoning code currently allows private clubs as a conditional use in the following zone districts: Residential Cluster Low Density Multiple Family Medium Density Multiple Family Public Accommodation Ski Base Recreation In addition to amending the code to allow for private clubs as a conditional use in the CSC zone district, staff is also proposing a definition of a private club. This will allow for greater clarification in other situations. The following amendments are proposed: 12 -7E -4: CONDITIONAL USES: Private Club 12 -2 -2: DEFINITIONS Private Club: an association of persons and its premises who are bonafide members paying dues, use of such premises being restricted to members and their guests. The review criteria for a request of this nature are established by the Town of Vail Municipal Code. A. Consideration of Factors: 1. That the proposed amendments are consistent with the development objectives of the Town of Vail as stated in the Vail Land Use Plan. As a conditional use, the addition of a private club will be subject to the following review criteria: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. so 24 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The addition of a definition of "private club" will clarify the use in all situations. Staff believes that this will improve the development review process for both applicants and staff. 2. That the proposal is consistent and compatible with existing and potential uses within Vail and generally in keeping with the character of the Town of Vail. Again, staff believes that as a conditional use, subject to the above review criteria by the Planning and Environmental Commission, private clubs can be reviewed for compatibility with existing and potential uses within the Town in the CSC zone district. be ti 25 T Q q � a ) ) 2 CM R3 N C� T {n L 0 75 Q CF) 0 N Fa C h T W 0) Cz cu U O m Z C w 0 V) 0 J 0 L!) 0 0 n- cz 0 cc N T CU U 0 C C) O N +' C IM U C C a) ,� c CII a) CIO 0 o f6 a) in N to (L) a) CD 0 0 y., N L1 j LTl 60 Q z C "O + •... ° O C �] co 'C7 Z Z "C7 N m CD 0) CD C C C V+ C C C C CC co w ca m ca CU d U C) U IJJ U U CJ U z z z z rn r z z z z o CD IN zt� � U C ». Q V) O O U tb (� 4 O. o (D do `) CJ s Q = Ln r CO Cn a) � CD a) cJ - LJ � 6- � � CU ❑. C cu L ` O 0 4 w=. O O O. Ln U7 C7 N O O Lo Cb O X O 0 LO C] rr � � m .0 r N C`7 U) r MT a) N r. N �r C 0 CD Ln CD W 0 (a N LO T LO LO CL rlizr w . C~ M CO G O U) a) et L-0 Liz CO a L J t CV v N N L q T T N T T LO d fn U) 7. U C) zy c IM m � It Cl O LI) r x Q 'gr Ln V) . r o m �, C. r 0 3 co o o C1 a) N N r Ln r.. r CD L17 CA r CD C 0 N O — 0 — O .� � m m�J � {� —a) U) > U1 r Co > Cl) U fA `C7 z O m O �) - O" CNr) ' CG 0 U) �l U 5 U CJ' •, > C) Cn O �. C �J Q1 T c S] O) � � 1] N 7+ So L1 U) ca Cl t Q V) C'7 LLI ❑ LLI ❑ Cti2 co � . co W ❑ CD r c m 8 a. a Q a) IM Q) C[) U Ln O U U N Cm C n c a) L 1 0 �c c zi • 04 Go • Application Supplement For Amendments to the VAIL GATEWAY BUILDING Town of Vail, Colorado June 11, 2001 I. Introduction The Vail Gateway Building was originally proposed in the late- 1980's and during the review of the project there was a great deal of debate regarding how this parcel of land should be developed. The parcel's location at the "gateway" to Vail Village made it a very strategic parcel of land, however it's physical separation from the VilIage's pedestrian corridors presented a number of other challenges. Ultimately the project was approved as Special Development District No. 21 with an underlying zoning of Commercial Core 1 (CC I) and in the early 1990's the Gateway Building was opened with a mixture of retail shops, restaurants and residential condominiums_ b e Over the past 11 years it has become apparent that the retail and restaurant aspects of the project simply do not work. At the time of this application all restaurant and retail spaces within the building are vacant. Reasons for the failure of businesses within the building cannot be attributed to any one source, however it seems very evident that the site's isolation from the pedestrian areas along Meadow Drive and the Village core make it difficult to attract pedestrians to the project. While only one block off of Meadow Drive, the Gateway Building is apparently too far "off the beaten path" to sustain retail and restaurant uses. All commercial space within the building is owned by one entity (the six residential units are owned by individual owners). In response to the failure of retail and restaurant uses, the owner of the commercial space has spent the past year evaluating a variety of different development programs in an attempt to revitalize what can only be described as a distressed property. Existing zoning of the property has proven to be a major constraint to assembling a feasible re- development program for the building. 67, The fundamental problem with the revitalization of the building has proven to be the CC 1 underlying zoning. As with any SDD, the underlying zoning establishes permitted and conditional uses for the property. The CC district essentially allows for only retail and restaurant uses on street level. While this zoning was deemed appropriate for the original developers concept for the building, history has demonstrated that retail and restaurant uses are not viable. Due to the limited range of uses permitted on the street level, the CC zone district presents a major constraint to the revitalization of this building. Vail Gateway Building, Vail, Colorado Braun Associates, Inc. Page 1 The proposed revitalization of the building is intended to provide viable commercial activity in this mixed -use area of the Town and would be accomplished primarily by simply broadening the range of commercial uses permitted within the building. The major elements of this revitalization proposal include the following: • A change to underlying zoning in order to allow for office and other commercial uses on the street level of the building, • The addition of two residential dwelling units on the third floor, • Establishment of a "parking club" within the building, and All proposed modifications will take place within the existing building, i.e. no physical expansions of the building are proposed. The zone change is intended to allow for office use on the street level of the building and will also maintain the mixed -use character of the building. At the same time, this change will allow for a use (office) that is not dependant upon pedestrian traffic. Employees, visitors, and activity will be introduced to the site that at the same time will help support other retail and commercial businesses in the surrounding area. The parking club concept was developed in response to the over abundance of parking already existing on the property (after accounting for the changes in potential uses, the property will have a surplus of 39 parking spaces). The applicant believes that this can be a successful use for the property by providing guests and residents the opportunity for "close -in" parking and club amenities, thus reducing demands placed on the town's parking structures. The proposed residential units on the third floor represent a limited expansion of a land use that has proven to be a viable use on the site. Total project density will be within the density levels originally approved by SDD No. 21. The proposed re- development package, taken as a whole, provides a win -win solution for both the owner of the building and the community. In order to allow for these changes, the following five applications have been submitted: + Change to the underlying zoning from Commercial Core 1 (CCI) to Commercial Service Center (CSC). This change will allow for office uses on the ground floor of the building. The CSC district is a more appropriate zoning for the property based on the Town's Land Use Plan and Vail Village Master Plan. Major amendment to SDD No, 21. This amendment will allow for minor changes to the development plan and to development standards and also acknowledge the change to the underlying zone district. * Zoning text amendment to the Commercial Service Center zone district. This amendment will allow for "private clubs" as a conditional use. Vail Gateway Building, Vail, Colorado Page 2 Braun Associates, Inc. 0 104 � 1 L� • Conditional Use Permit application to allow a private parking club on the property. Conditional Use Permit application to allow the existing and proposed residential uses. The CSC zone district requires a Conditional Use Permit for residential uses. The following sections provide additional information on each of these five applications. b 0 Vail Gateway Building, Vail, Colorado Page 3 Braun Associates, Inc. II. Rezoning from Commercial Core 1 to Commercial Service Center The change in underlying zoning from Commercial Core 1 to Commercial Service Center is proposed in order to allow for a wider range of uses on the property, specifically the introduction of office uses on street level. With the exception of the "horizontal -use zoning" found in the CC district, there are very few differences in pennitted and conditional in the CC and CSC districts. There are some slight differences in the development standards (i.e. setbacks, building height, etc.) of these two districts. However, SDD No. 21 establishes development standards for this property and as such, any differences between the development standards of CC 1 and CSS are academic. The only other site in Vail currently zoned CSC is the Crossroads Plaza. Crossroads is proximate to the Vail Gateway property and also has a very similar context to Vail Gateway. Both sites are located along the Frontage Road and both are located on the periphery of Vail Village. Both properties have been developed as mixed -use projects with office, retail and residential uses_ When the Gateway Building was originally proposed the property was zoned Heavy Service and was occupied by a gas station. Not long after the Gateway Building was approved, the Vail Village Master Plan (VVMP) was adopted. This Plan designated the Gateway site as "mixed use ". The Plan also defined a portion of the Village as Commercial Core 1 and the Gateway Building was not included within this area. As such, the current CC1 zoning is in conflict with the land use designation of the VVMP. The proposed change to CSC would be consistent with the VVMP's mixed -use designation and bring the property into greater compliance with the Plan. The criteria which the Town uses to evaluate a rezoning request include: 1) Is the proposed zoning suitable with the existing land uses on the site and adjacent land uses? Response: The uses listed in the CSC zone district are nearly the same as those contained in the CCI district. The location of uses within the building differs in that the CSC zone allows office uses on any level of a building. In terms of compatibility, the CSC zone district is consistent and complementary of the uses located on and on neighboring properties. The proposed CSC zoning will continue to allow mixed uses consistent with the Vail Village Master Plan and the Vail Land Use Plan. 2) Is the amendment preventing a convenient workable relationship with lend uses consistent with municipal objectives? Vail Gateway Building, Vail, Colorado Page 4 Braun Associates, Inc. r� of r� Response: The proposed CSC zone district will provide for mixed -use development consistent with the Vail Village Master Plan. By furthering the goals of the VVMP, this proposal is consistent with municipal objectives. b I* ti Vail Gateway Building, Vail, Colorado Braun Associates, Inc. Page 5 r ��� M Pi Lnc#:U Map ZEE TE . �- �- --.-•- „te »-- ._ --��- - - _ -�- .�... —.-- .., ....,fir - � .'•, � s ..-.- ..� - T 3 4 a I 1 �...�1- t •� _ 1. s s .Re .., 4. ,. Ii ,..J y W -.. ' � /~� a ��.. `-ti/�� �L� —..� _ v sM�' ^-1 mw - ."�—•� _ - 4 { LEGEND = -_ MIXED USE PUBIS EACILETY(pARKtNG fdE0IUWFKGH DENSITY RESK)ENTAL SKJ BASE t RECREA LOW DENSI'T`! RESIDENTIAL ; This map designates the Vail Gateway Building as "Mixed -Use.” r a��= ge It ster Pf��nJ,- Nf-aster Plan Terms m � C ATEW. A C- U . C] I G` ass >-11,1ewgrtlt ,1 41 Et �titix >►iI�>wssx fAltllilliuf{711 - � C •• =- 4 31 k y - - _ . -ate _,: - It .., �•. � 4 t �� - '., _ ti - - y � � It L� LEGEND D : % *10 01ki VAIL VU-AGF MASTER PLAN BOUNDARY CC�tMEflGAt. ,'`.oPIE I ......... �`'• AREA INGLAIDED IN THE URBAN DESIGN GUIDE PLAN 'PERIPHERY'SLIRROLINDI NG AREA' This map shows the Vail Gateway Building outside of the area designated for CC1 zoning 3) Does the zoning provide for the growth of an orderly, viable community? 40 Response: The proposed CSC zone district will provide for orderly growth by allowing for uses that are consistent with Town goals. This zone change will also allow the owner greater flexibility in the range of land uses that will be permissible on the property. In doing so, this will provide for a more viable property and a more viable community. 4) Is the change consistent with the Land Use Plan? Response: The proposal complies with the Land Use Plan and the Vail Village Master Plan and specifically the following policies: Vail .Land Use Plan: 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 181 possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more effectively. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 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. Vail Village ?Master Plan: Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. Vail Gateway Building, Vail, Colorado Page 8 Braun Associates, Inc. 1.2 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities.. 1.2.1 Policy: Additional development may be allowed as identified by the action plan as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Goal #2 To foster a strong tourist industry and promote year -round economic health and viability for the Village and for the community as a whole. 2.1 Objective: Recognize the variety of land uses found in the 10 sub- areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.4 Obiective: Encourage the development of a variety of new commercial activities where compatible with existing land uses. 00 2.5 Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Goal #5 Increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout the Village. 5.1 Objective: Meet parking demands with public and private parking facilities. 5.1.1 Policy: For new development that is located outside of the Commercial Core 1 Zone District, on -site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the Zoning Code. 5.1 5 Pohev: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. Vail Gateway Building, Vail, Colorado Page 9 Braun Associates, Inc. III. Maior Amendment to Special Development District No. 21 The Vail Gateway Building was developed in accordance with the provisions of Special Development District No, 21. An amendment to SDD No. 21 is necessary to acknowledge the change in underlying zoning and to allow for one change to the previously approved development plan. Physical changes to the building are limited to interior modifications only. No modifications are proposed to the exterior of the building. As such, there are no changes to building height, setbacks, site coverage, etc. Interior changes include the proposed change of uses, the addition of two new dwelling units and the addition of 4,723 square feet of GRFA. Of these three changes, only the addition of GRFA requires an amendment to the existing SDD (the potential change of uses is addressed by the proposed change in underlying zoning and the addition of two dwelling units does not require an amendment because the existing SDD allows for up to 12 dwelling units and there are only six units currently on the property). SDD No. 21 currently allows for 13,000 square feet of GRFA. Proposed modifications to the building .would increase this number to 17,160, or an increase of 4,160 square feet. The vast majority of this new GRFA is a result of converting existing commercial square footage to GRFA. Of the new GRFA proposed, only 963 square feet of the 4,160 square feet is actually new floor area. This new floor area is created by infilling the mezzanine space on the third floor in the old Michael's Restaurant. 04 The proposed amendments to the development plan are in conformance with the Special Development District review criteria, as applicable to this application, as described below: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, hulk, building height, buffer zones, identity, character, visual integrity and orientation. Response: The bulk and scale of the project are already defined by the existing building and therefore the proposed amendments do not have an impact on bulk and muss. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Response: This re- development plan provides for a mixture of office, retail, restaurant, service, and residential uses on the property. The building is located in a "mixed use " area identified by the Vail Village Master. The Vail Gateway Building, Vail, Colorado Page 14 40 Braun Associates, Inc. uses located on adjacent properties; residential, lodging, retail, and offices, are compatible with the proposed development program. C. Compliance with parking and loading requirements as outlined in Chapter 12 -10 of the Town of Vail Municipal Code. Response: All existing on -site parking and loading facilities will remain unchanged. The proposed changes to uses within the building will, however, significantly reduce the need far parking and loading and delivery facilities. Excess parking spaces are proposed to be utilized as a parking club. Refer to the attached CUP application for this club. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Response: There are no changes proposed to the exterior of'the Building and as such this criteria is not relevant. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Response: The proposed amendment has no impact on this criterion. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Response: There are no changes proposed to the exterior of the building or the site and as -such this criteria is not relevant G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Response: There are no changes proposed to the exterior of the building or site and as such this criteria is not relevant. It is anticipated however, that the proposed changes to the building will result in significantly less vehicular traffic to and from the site. This is primarily due to the elimination of Vail t Cia away Building, Vail, Colorado Pale 1! Braun Associates, Inc. Y � i 3,760 square feet of restaurant space that will be replaced by two residential units. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Response: There are no changes proposed to the exterior of the building or the site and as such this criteria is not relevant. L Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Response. There is no phasing proposed with this amendment. Vail Gateway Building, Vail, Colorado Page 12 Braun Associates, Inc. of O 0 IV. Text Amendment to Commercial Service Center Allowin2 Private Clubs A text amendment to the Commercial Service Center zone district is proposed to allow for "Private clubs" as a conditional use. Subject to approval of this text amendment, it is the intention of the applicant to gain approval of a conditional use permit for a private club at the Gateway Building. This club would be established to utilize the excess parking spaces within the Gateway Building. Refer to the attached CUP application for additional information on this club. "Private clubs" are currently listed as conditional uses in the following zone districts: Residential Cluster, Low Density Multiple - Family, Medium Density Multiple- Family, High Density Multiple - Family, Public Accommodation, and Ski Base Recreation. Examples of private clubs in Vail include the Vail Athletic Club, the Cascade Club, the Passport Club and the Vail Village Club (now closed). The Passport Club at Golden Peak is a recent example where the Town approved a conditional use permit for a private parking club that was defined as a "private club ". Allowing for "private clubs" as a conditional use provides the Town with the ability p P h' to review a specific proposal to ensure it is compatible with other uses on the site in the area before permitting the use on the property. This allows the Town ample control over land uses while at the same time allowing the landowner flexibility in the management and use of its property. The proposed text amendment is consistent with permitted and conditional uses in the CSC zone district and appropriate for those specific properties currently designated as CSC. Vail Gateway Building, Mail, Colorado Page 13 Braun Associates, Inc. V. Conditional Use Permit - Private Parkin Club There are currently 89 parking spaces within the Gateway Building. This number of spaces was provided in response to the uses originally proposed for the building. Original uses were dominated by restaurant and retail uses that happen to have relatively high parking ratios. With the changes proposed by these re- development applications, the amount of required on- site parking is significantly reduced. The following table summarizes uses contemplated for the building and the resulting parking requirement: Use S . F� t./Units Ratio Parking Required Office (1) 12,573 2.7 spaces /1,000 34 Parking Club 240 (3) 0 0 Residential 8 2 /unit (2) 16 50 (1) It is assumed that all 13,600 square feet of commercial space is utilized as office. The proposed CSC zoning will also allow for retail and restaurant uses within this space. If such uses occur, any increase in required parking will reduce the number ofspaces available for the parking club. (2) Town code requires 1.4 spaces per dwelling unit, however existing declarations designate 2 spaces per unit. (3) The Parking Club sq. ft. could be increased without increasing the need far parking on the site. As proposed, 39 "excess" spaces will result on the property. The proposed parking club will make these spaces available for use, thereby relieving some pressure on the Town's parking structures. The parking club would have the following features • Utilization of up to 39 parking spaces, • A small club facility that would provide a lounge area, restrooms, changing room, storage, etc. • Valet service, which among other things will allow for very efficient use of previously approved "tandem spaces" • Parking spaces may be sold, leased or made available on a daily fee basis. A parking club is a relatively new use to the Town of Vail. There is a demand for parking close to the Village Core and the ski portals that has adequate amenities for users (i.e., locker rooms, dressing areas, ski storage, etc.). On this property, the parking spaces already exist in an enclosed stricture. Provisions existing within the Town's code could allow for these excess spaces to be leased. This conditional use permit will essential allow the applicant the right to provide guest services in conjunction with the parking. This is analogous to efforts the Town has taken to provide "guest service" facilities such as ski storage and rest rooms at the Village Structure. "Conditional" uses are uses that are generally deemed compatible with other permitted and conditional uses within a zone district, subject to compliance with specific review criteria. If Vail Gateway Building, Vail, Colorado Page 14 Braun Associates, Inc. • 104 i Y the review criteria are met by the PEC, the use is deemed compatible and approved. The fallowing are the review criteria for a conditional use permit: A. Relationship and impact of the use on development objectives of the Town. Response: The proposed private parking club is consistent with Town objectives to provide a high level oj'service to guests and to maximize the use of private parking. This use is expected to lessen demands on the Town's existing parking facilities. B. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Response: The proposed parking club will have no adverse impacts on these factors. The parking club is expected to lessen demands on the Town's parking facilities. C. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking area. 0 10 Response: The parking club will generate traffic to the site, however it is anticipated that at full utilization, each parking space will generate only one in -bound and one out -bound trip each day. Even with parking club traffic, the overall mix of uses proposed for the property will result in a reduction of vehicle trips to the property. This is primarily due to the reduction in the number of restaurants located in the building. D. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Response: The proposal does not change the bulk and mass of the existing building and therefore has no impact on this criterion. Vail Gateway Building, Vail, Colorado Braun Associates, Inc. Page 15 S VI. Conditional Use Permit - Residential Uses A conditional use permit is necessary to allow for the existing and proposed residential uses on the property. The residential uses have been in place on the property for the last 11 years, Two additional units are proposed for a total of eight dwelling units. Issues of compatibility of residential uses with commercial activities have proven successful on this project and throughout the Town of Vail. Additionally, the Vail Village Master Plan recognizes this area as "mixed use ", appropriate for a mixture of retail, office and residential uses, The following are the review criteria for a conditional use permit: A. Relationship and impact of the use on development objectives of the Town. Response: The proposed residential dwelling units are consistent with Town objectives and master plans. The Vail Village Master Plan designates this site as "mixed- use ". The proposed density of dwelling units proposed is less than that originally app proved for the site by SDD #21 (12 units were originally approved, eight are proposed). B. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Response: The proposed residential dwelling units will have little, if any, impact on these issues. C. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking area. Response: Two proposed dwelling units will have little to no affect on these factors. The overall proposed mix of uses on the property will reduce the number of vehicle trips to the property. This is primarily due to the reduction in the number of restaurants located in the building. D. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulls of the proposed use in relation to surrounding uses. Response: The proposal does not change the bulk and mass of the existing building and therefore does not have an impact on this criterion. Vail Gateway Building, Vail, Colorado page 16 Braun Associates, Inc. • 04 69, as Gd t7 V9 ctl �r tn t Cd tn �l. O c Id 0 O a w Ll a+1 a r% w 7 v a" cr O O e h tj ea e o � O ZZ °d L u N w 0 ca m n 01 C r4 ca m -. zS e u u u u 0 U 00 oa a 4 0 cn c cn w Ll a+1 a r% a 7 v cr O O e h tj ea e o � O ZZ °d L u N 0 0 iao ©� C n 01 C r4 bA g w Ll a+1 r% a 4 cr O O cu In tj ea e o � O ZZ °d L u N a r O C n 01 C r4 bA g -. m Q 4 4 o `e — oa a 4 0 cn cn v 0. Ll a+1 r% �^ 4 O O cu In ea °d L u a O O 0 9 O 01 C U bA � N m Q 4 4 o `e a 4 0 cn cn a GG U 03 RS N N i N h v 0. ti O C? O C.} *0 b r-y u y .t � Ll r% �^ 4 °d L u 7. SG 9 O 01 C U bA u 4 0 cn cn a GG U 03 ti O C? O C.} *0 b r-y u y .t � • ARTICLE E. COMMERCIAL SERVICE CENTER (CSC) DISTRICT 12 -7E -1: PURPOSE: The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple- family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. (Ord. 8(1973) § 10.140) 12 -7E -2: REQUIREMENTS FOR ESTABLISHMENT; DEVELOPMENT PLAN: A. Review Required: Prior to the establishment of any Commercial Service Center District or enlargement of District boundaries, the Town Council shall by resolution adopt a general development plan for the proposed District. The development plan may be prepared by an applicant for the establishment of the District or may be prepared by the Town. The development plan shall be submitted to the Planning And Environmental Commission for review, and the Planning And Environmental Commission shall submit its findings and recommendations on the plan to the Town Council. B. Plan Content: The development plan shall show the following information: 1. Existing topography and tree cover. 2. Proposed division of the area into lots or building sites, and the proposed uses to be established on each site. 3. Proposed locations, dimensions, and heights of buildings on each site, and the locations of parking and loading areas, access drives, principal public and private open spaces, and other site plan features. 4. Relationship of proposed development on the site to development on adjoining sites. 5. Such additional information as the Planning and Environmental Commission and Town Council deem necessary to guide development within the proposed district_ C. PIan To Be Guide: The development plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the District. go All plans subsequently approved by the Design Review Board in accordance with Chapter 11 • of this Title shall substantially conform with the development plan adopted by the Town Council. (Ord. 8(1973) § 10.200) 12 -7E -3: PERMITTED► USES: The following uses shall be permitted in the CSC District: Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Corktail lounges, taverns, and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, including the following: Barbershops. Beauty shops. Business and office services. Cleaning and laundry pickup agencies without bulk cleaning or dyeing. Coin- operated or self - service laundries. Small appliance repair shops, excluding furniture. repair. Tailors and dressmakers, I Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following_ Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. LJ Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores_ Department and general merchandise stores. Drugstores and pharmacies. Florists. Food stores. Furniture stores. Gift stores. Hardware stores. Hubby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Radio and television stores and repair shops. Sporting goods stores. Stationer y stores. 1 11 1 • Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores, Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of Section 12 -7E -2 of this Article. (Ord. 16(1996) § 3: Ord. 27(1990) § 2: Ord. 8(1973) § 10.300) 12 -7E -4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Any use permitted by Section 12 -7E -3 of this Article, which is not conducted entirely within a building. Bed and breakfast as further regulated by Section 12 -14 -18 of this Title. Brew pubs. Commercial laundry and cleaning services. Dog kennel. Major arcade. Multiple - family dwellings and lodges, Outdoor operation of the accessory uses as set forth in Section 12 -7E -5 of this Article. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Type 11I employee housing units (EHU) as provided in Chapter I') of this Title. (Ord. 6(2000) § 2: Ord. 10(1998) §§ 2, 5: Ord. 22(1997) § 2: Ord. 16(1996) § 4: Ord. 14(1996) § 2: Ord. 8(1992) § 23: Ord. 27(1990) § 4: Ord. 31(1989) § 11: Ord. 20(1982) § 5: Ord.. 6(1982) § 6(a): Ord. 10(1975) § 3: Ord. 8(1973) § 10.400) 12 -7E -5: ACCESSORY USES: The following accessory uses shall be permitted in the CSC District: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12 -14 -12 of this Title. Minor arcade. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 6(1982) § 6(b): Ord. 8(1973) § 10,500) 12 -7E -6: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be twenty thousand (20,000) square feet of buildable area, and each site shall have a minimum frontage of one hundred feet (100'). (Ord. 12(1978) § 3) 12 -7E -7: SETBACKS: In the CSC District, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). (Ord. 50(1978) § 2) 12 -7E -8: HEIGHT: For a flat or mansard roof, the height of buildings shall not exceed thirty five feet (35'). For a sloping roof, the height of buildings shall not exceed thirty eight feet (38'). (Ord. 37(1980) § 2) 12 -7E -9: DENSITY CONTROL: Not more than forty (40) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area, and gross residential floor area shall not exceed fifty percent (50 %) of total building floor area on any site. Total density shall not exceed eighteen (18) dwelling units per acre of buildable site area, (Ord. 50(1978) § 19: Ord. 12(1978) § 2) • * 4 12- 7E -10: SITE COVERAGE: Site coverage shall not exceed seventy five percent (75 %) of the total site area. (Ord. 17(199 1) § 40 11: Ord. 8 (1973) § 1 0.607) ,I I • 12- 7E -11: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20 %) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. (Ord. 19(1976) § 11 A: Ord. 8(1973) § 10.609) 12- 7E -12: PARKING AND LOADING: 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. No parking or loading area shall be located in any required front setback area. (Ord. 19(1976) § 11A: Ord. 8 (1973) § 10.610) 12- 7E -13: L OCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All permitted and conditional uses by Sections 12 -7E -3 and 12 -7E -4 of this Article, shall be operated and conducted entirely within a building except for permitted parking and loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. � B. Outdoor Display: 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. 34(1982) § 4) ti r r• / W L n _�. r01i o m oCrv'd0]00 •IIVA C VOd TVA IV CIVOd 3JH1NOd:i H1rK)S 'C19 'N , U9 C' 6. �' IS L 3 V A TVA AOMS 101 LL LL O j di tu CR uj U VZY1d A'd'N MVE) �� r r• / W L n _�. r01i o m �3 ^ o U9 C' 6. �' 4 CE LL LL O LU E tu CR uj U c ' CL LU cn o • LO 0. 0 CN -0 coo L p� LLJ = LJ.! 0 L O ui ❑ a J = LJJ ^ R • �. .� \ /�f����� /�ƒ� §� ��� / /����ƒ \. c.: « ©» §z \22222 > . , . ƒ \ � «� : /� 45 2 1 21.- z � � \ k. Ji 04 0 11 CIVCa. `1'I VA lV -c Vj,%Jo2l=l H1 171 A - 1 IVA 'C�. >001 LL l vzv I WHOM O 7Z� x 0 O .3 1 RM U§ =F I , 1t . �tl ij�v V-L mo - - 1 i: A ". - .'- Clg io v Z-V -3 co cL U-1 LL- C - MVP:: < II E a FAI I ti ft I 04 • 'IV Q IW L A� 1 S Lo < L �) w Crl PL O LL S Lo < L �) w Crl PL O I LL S O I LL < 0 1 rL i J • 0 Z ci kvwl IVS di W- 10 01 , til 04 v 0 Al di W- 10 01 , til 04 v 0 K w L DL 2 ft *0 0 ,, 11 ''' ORD114ANNCIE rte. s y Series of 1948 AN ORDINANCE REZONING A PART OF LOT N AND A P0=ON OF 110T 0, BLDCK 5D, VAIL VJ AGE M= FILING nlOM ijFAVY SE -MICE DISTRICT To Ch7MT73OIAL CORE I AND T ABLISHING SPECIAL DEVE D =DTI' DISPRICP NUr4BER 21 FOR A PART OF LOT N, AND A P0=ON OF LOT 0, BLOCK 5D %%IL VLLULE FLPS'P FILING IN ACCORMNCE WT7TI aMPIER 18.40 OF THE VAIL MUNICIPAL CODE AND SF.n 4G FORTH DETAILS IN RF.3ARD THEp - , , o. W EFE.AS, Chapter 18.40 of the Vail Municipal code authorizes Special Develo Districts within the Town in order to encourage flexibility in the develcprent of land; and I%RaFZ S, application has been made for Special Develogncnt District approval for certain parcels of property within the Tcwn known as a part of Lot N, and a portion of Lot 0, Block 5D, Vail Village First Filing to be known as Spec ial Development District No. 21, commonly referred to as the Vail Gateway; and WHEREAS, application has further been made to rezone a part of Lot N, and a Ole Portion of Lot O, Block 5D, Vail Village First Filing from Heavy Service District to Commercial Care I District in cyder to allow for the range of uses and activities proposed for SDD No. 21; and WHEREAS, in accordance with Section 18.66.140, the Planning and Ewirorm�antal Commission had a public hearing( on the prcpesei zonii - yg amendment and the proposed SDD, and has submitted its reco=r- ndation to the Town Council; and WHEREAS, all notices as required by Section 18.66.0B0 have been sent to the appropriate parties; and WHEREAS, the Tct ,m Council has held a public hearing as rwegtured by Cnaptr.,' 18.66 of the Municipal Code of the Taus of Vail. NOW, Tl KFORE BE IT ORDAINED BY THE 707 QN CCONCIL OF RE TOW OF VAIL, Section 1 The Town Council finds that the procedures for a zoning acrerj±Tent as set forth "76.- in Chapter 18.66 of the Municipal code of the Town of Vail have been fully satisfied, and.all other requireirents of the Municipal Code of the Town relating to zoning arrerdments have been fully satisfied. Section 2 The Town Council hereby rezones the pro perty more part icularly descr in Emit A, attached hereto, from Heavy Service District to Conmiarcial Core I. r section 3 The Town Council finds that all the procures set forth for Special Development Districts in Chapter 18.40 of the Municipal Code of the Tcvn of Vail have been fully satisfied. Section 4 The Town Council fins that the development plan for Special Development District No. 21 meets each of the s tandards set forth in Section 18.40.080 of the Municipal Code of the TuAn of Vail or demonstrates that either one or more of then is not applicable, or that a practical solution consistent with the public interest has been achieved. In aocordanoe with Section 18.40.040 the development ' , Fmient plan for Spacial. IDevelopmnt District 140. 21 is approved and Special Development District � No. 21 is hereby approved for the property described in Exhibit A. The development'. plan is comprised with those plans submitted by Buff Arnold, Ned Gwathmey, Ar ohiteet, PC, asd consists of the following doewrents: 1. Site plan, dated March Z8, 1988 2. Floor Plans dated March 28, 1988 3. Elevations dated March 28, 1988 4. Landscape Plan dated Nh 28, 1988 5. Special Development. District Application and DTvironmental Iff act Report n± X ¢{ as prepared by Peter Jamar Associates, Inc., dated. Jan 1988, and revised March 9, 1988 'i Section 5 ?I `J ai The development standards for Special Development District No. 21 are approved_, by the Town Council as a part of the approved development plan as follows: A. Setbacks Setbacks shall be as indicated on the site plan set forth in Section 4 of.,..:,;.,. 2 this ordinance. S. Height Building heights sha11 be as indicated on the elevations and roof plan set forth in Section 4 of this Ordinance. C. Coverag Site caverage shall he as indicated on the site plan set forth in Sections 4 of this Dxdisance. -3- D. Lan aping r The area of the site to be landscaped shall be as generally indicated on the preliminary landscape plan set forth in Section 4 of this Ordinance. A detailed landscape plan shall be submitted to the Design Review Board for final approval. E. Parkinq Parking demands of this development shall be met in accordance with the developer's proposal to provide 95 parking spaces. F. Density The density allowed in S.D.D. NO. 21 shall be 12 dwelling units consisting of not more than a total of 13,000 square feet of GRFA. Section 6. Uses as proposed on the development plan as per Section 4 of this ordinance are hereby approved. The uses of Special Development District No. 21 are uses permitted by right, conditional uses or accessory uses in the commercial core I zone district. The permitted uses in the special development district shall be the same as those uses permitted in the Commercial Core I zone district, conditional uses in the special development district shall be the same as the conditional uses listed in the Commercial Core I zone district, and accessory uses in the special development district shall be the same as the accessory uses listed in the Commercial Core I zone district. Section 7. Following are conditions of approval for special Development District 21: 1. The applicant shall secure permission of the property owner of the Standard oil property to complete construction of the landscape improvements as shown in the approved development plan for S.D.D. 21 prior to receiving a final certificate of occupancy. 2. Prior to receiving a building permit, the applicant must provide evidence which is satisfactory to the Town Council and Town Attorney that demonstrates the financial ability to complete the construction of the project as planned. 3. Construction must commence before July 1st and the project must be enclosed by November 13th of whatever year construction commences. The approval shall be valid for three years. 4. The applicant shall construct a sidewalk from the southern property line of Special Development District No. 21 to the north side of the existing Vail Village Inn access off of Vail Road. -3- 1 l j Section 8 0 Are trents to the approved development plan which do not cha,-)ge its substance may be approved by the Planning and Environmental C=Ussion at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.060. Anendrmants which do change the substance of the develo plan shall be approved in acco rdance with Sections 18.66.110 through 18.66.1G0. The Ccmnziity Development Departnnnt shall be solely responsible for determining what constitutes a charge in the substance of the development plan. An application for a amendment to this Special Development District which changes the substance of the develo plan shall comply with the r of Section 18. +0.030 except that the Ccmniniity Development Department shal deternune utdch property in the Special Development District -is being directly affected by such ant atx3 the consent of only those C',,neers of said property shall be r equir ed to be included in the application. Section 9 If any part, section, subsection, sentence, clau5:e of phrase of this ordinance is for any mason held to be invalid, such decision shall not affect the validity of the remaining portions of this orriirorx e; and the Town Council hereby declares i it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regal -dless of the fact that any one or pore parts sections, subsections, sentences, clauses or phrases be declared invalid. Section 10 The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health., safety and welfare of the Tum of Vail and the inhabitants thereof. section 11. the r epeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this o nanoe shall not affect any right which has accrued, any duty inpcsed, any violation that occurred prior to the effective date hereof, any prosecution c =Terced, nor any other action or proceeding as ccmrenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. -4- 00 affn U-�=, READ AND PAS= ON I'IRST READING MaS 5th day of _ April 1988, and a public hearing shall be held on this ordinance on the 5th day of A ril 1988 at 7:30 p.m. in the Caunc nl:mbers of the Vail Municipal Bui1 , Vail, 0olorado. ozdened published in full this 5th I day of April , 1958, " Aa'1=: ?amc_;a A. `3rarsdmeyer, 2O�M Clerk Kant R. Rose, Mayor Do II4IRDD 7C"ED, READ AND .APPROVED CN SEOOND READING AND ORDERED PUBLISHED in full this 19th day of A Ej1 , 1988. pATEST 4iA ^ ab Fau,2]1i ,Au` �� �iaryer, Clerk j e t R. Rase, N,ayor r r . ., • ORDINANCE 17, Series of 1496 0 AN ORDINANCE PROVIDING FOR THE MAJOR AMENDMENT OF SPECIAL DEVELOPMENT DISTRICT NO. 21, VAIL GATEWAY; AMENDING AN APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 21 IN ACCORDANCE WITH CHAPTER 18.40 OF THE OF THE VAIL MUNICIPAL CODE; LOCATED AT 12 VAIL ROADlA PORTION OF LOT N, AND A PORTION OF LOT O, BLOCK 5D, VAIL VILLAGE 1ST FILING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town in order to encourage flexibility in the development of land; and WHEREAS, Special Development District No. 21 was established by the Town Council on 2nd Reading of Ordinance No. 9, Series 1988_ WHEREAS, the developer and applicant, Vail Apartments, Inc., has submitted an application for a major Special Development District amendment for a certain parcel of property within the Town, known as the Vail Gateway Building, and as Special Development District No. 21; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission, on August 26, 1996, held a public hearing on the major amendment of an SDD and has submitted its recommendation of approval to the Town Council; and WHEREAS, all notices as required by Section 18.66.080 of the Vail Municipal Code, have been seat to the appropriate parties; and WHEREAS, the major amendment to the approved development plan has been reviewed pursuant to Section 18.40.100 of the Town of Vail Municipal Code; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Municipal Code of the Town of Vail; and WHEREAS, the Town Council considers that it is reasonable, appropriate and beneficial to the Town and its citizens, inhabitants and visitors to amend the originally approved Special Development District No. 21, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Amendment procedures fulfilled Rannina and Environmental Commission Report. The review procedures prescribed in Chapter 18AD of the Vail Municipal Code have been fulfilled and the Town Council has received the report of the Planning and Environmental so Commission recommending approval of the proposed amendment to the development plan for Ordinance No. 17, Series & 1997 4 I a 6 Special Development District No. 21. Section 2 . Special Development District No. 21 and the amended development plan therefore, are hereby approved for the redevelopment for the expansion of Gross Residential Floor Area in Unit No. 5, Vail Gateway Condominiums, Section 3. Purpose Special Development District No. 21 is intended to insure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town of Vail. The development is regarded as complimentary to the Town by the Town Council and meets the Design Standards as set forth in Section 18.40 of the Municipal Code. As stated in the staff memorandum dated August 26, 1996, the major SDD amendment request is in compliance with the goals and objectives of the Vail Comprehensive Plan, as well as the purpose section of the SDD Overlay Zone District. SDD No. 21 provides an appropriate development plan that maintains the unique character of this site and the surrounding area without negatively impacting existing or potential uses in the area. Section 4 . The Town Council finds that the amended development plan for Special Development District No. 21 meets each of the standards set torch in Section 18.40.080 of the Municipal Code of the Town of Vail. In accordance with Section 18.40.040, the amended development plan for Special Development District No. 21 is approved and Special Development District No. 21 is hereby approved for the property described in the attached Exhibit A. The amended development plan is comprised with those plans submitted by Buff Arnold, Ned Gwathmey. and Steve Riden, and consists of the following documents: 1. Site plan, dated March 28, 1988 2. Floor plans, dated March 28, 1988 and revised (partial) plans dated February 28, 1996. 3. Elevations dated March 28, 1988 and revised (partial) plans dated February 28, 1996. 4. Landscape plan dated March 28, 1986 5. Special Development District application and Environmental Impact report as prepared by Peter Jamar Associates, Inc., dated January 1988, and revised March 9, 1988, 00 Section 5. Approved Development Standards The development standards for Special Development District No. 21 are approved by the Town Council as part of the approved development plan as follows: 2 Droine ce No. 17, Series o! 1997 3 Ordinance No 17, Series 01 1997 A. Setbacks - Setbacks shall be as indicated on the site plan set forth in Section 4 of this Ordinance. B. Building heights shall be as indicated on the elevations and roof plan set forth in Section 4 of this Ordinance, C. Site Coverage - Site coverage shall be as indicated on the site plan set forth in Section 4 of this Ordinance. D. Landscaping - The area of the site to be landscaped shall be as generally indicated on the preliminary landscape plan set forth in Section 4 of this Ordinance. E. Parking - Parking demands of this development shalt/ be in accordance with the developers proposal to provide 95 parking spaces. F. Density - The density allowed in Special Development District No. 21 shall be 7 dwelling units consisting of not more than a total of 12,815 sq. ft. of GRFA. Section 6 . The uses of Special Development Districl No. 21 are uses permitted by right, conditional uses or accessory uses in the Commercial Core I Zone District. The permitted uses in the Special Development District shall be the same as those uses permitted in the Commercial Core I Zane District. Conditional uses in the Special Development District shall be the same as the conditional uses listed in the Commercial Core I Zone District, and accessory uses in the Special Development District shall be the same as the accessory uses listed in the Commercial Core I Zone District. Section 7 . Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.060. Amendments which do change the substance of the development plan shali be approved in accordance with Sections 18.66.110 through 18.66.160. The Community Development Department shall be solely responsible for determining what constitutes a change in the substance of the development plan. An application for an amendment to the Special Development District which changes the substance of the development plan shall comply with requirements of Section 18.40.030 except that the Community Development Department shall determine which property in the Special Development District is being directly affected by such amendment and the consent of only those owners of said property shall be required to be included in the application. Section B . If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance and the Town Council hereby declares it would have 3 Ordinance No 17, Series 01 1997 passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, 1 0 regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 9. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 10 . The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly staled herein. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 171h day of September, 1996, and a public hearing shall be held on this Ordinance on the 1 st day of October, 1996, in the Council Chambers of the Vail Municipal Building, Vail, Coiorado. Robert W. Armour, Mayor ATTEST: Holly McCutcheon, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND BEADING AND ORDERED PUBLISHED (IN FULL) (BY TITLE ONLY) THIS DAY OF 1996. Robert W. Armour, Mayor L171,- ATTEST: Holly McCutcheon, Town Clerk A Ordnance No 17 . Se ries of 1997 EXHIBIT A VAIL GATEWAY BUILDING, 12 VAIL ROAD AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A PORTION OF LOT N, AND A PORTION OF LOT O, BLOCK 5D, VAIL VILLAGE 1ST FILING. • 0 Memorandum TO: Planning & Environmental Commission FROM: Community Development Department DATE: July 9, 2001 SUBJECT: A request for a recommendation to the Vail Town Council on text amendments to the Town of Vail Zoning Regulations to allow for the operation of home child day care facilities and child day care centers in the Town of Vail. I. DESCRIPTION OF THE REQUEST This is a request for a recommendation to the Vail Town Council to amend the zoning regulations to allow home child day care facilities and child day care centers as conditional uses in thirteen of the twenty -four zone districts, to amend Chapter 18 of the zoning regulations to establish additional conditional use review criteria for home child day care facilities, to amend Chapter 14 of the zoning regulations to establish additional requirements for home occupation permits to operate home child day care facilities, and to amend Section 12 -2 -2 of the zoning regulations to establish definitions for "home child day care facility' and "child day care cent&'. The purpose of this memorandum is to provide: ♦ a brief background on the existing legislation regulating home day care facilities in the Town of Vail, ♦ an analysis of how the Town of Avon and Eagle County regulate the operation of home child care facilities, ♦ responses to the questions raised during an earlier worksession meetings, and ♦ a recommendation for amendments to the Town of Vail Zoning Regulations that would allow for the operation of home child care facilities in the community. This text amendment initiative is a result of a worksession discussion with the Vail Town Council. On May 8, 2001, the Town Council directed the Community Development Department to prepare a memorandum to the Planning & Environmental Commission outlining a recommendation for text amendments to the Zoning Regulations. Staff will provided a summary of the comments generated by the Commission during the worksession to the Town Council on May 15 ' at the regularly scheduled DRB /PEC report. IL BACKGROUND The purpose of Section II of this memorandum is to provide an analysis of the regulatory measures that the Town of Vail, State of Colorado, Town of Avon and Eagle County have adopted and relied upon for the operation of child care facilities within their respective jurisdictions. Town of Vail The Vail Town Code does not specifically list child day care facilities as an allowable use in any of the Town's prescribed zone districts. Instead, the Town has determined that a child day care facility such as the ABC School or !_earning Tree are similar in nature to 'public and private schools and educational institutions". and therefore, are allowed in certain zone districts subject to the issuance of a conditional use permit. According to the Vail Town Code, child day care facilities are allowed in the General Use and Housing Zone Districts. There are currently 18 properties zoned General Use. No properties in the town have yet to be zoned under the Housing designation. A home occupation permit does not allow home child care facilities. The Town has historically followed the state statutes and determined that home child care for two non - related children or less does not require day care licensing or permitting. 0 State of Colorado The Colorado Revised State statutes address home child day care facilities. According to the statutes, a Family Child Care Home is defined as, "a facility for child care in a place of residence of a family or person for the purpose of providing less than twenty - four -hour care for children under the age of eighteen years who are not related to the head of such home. "Family child care home" may include infant- toddler child care homes, large child care homes, experienced provider child care homes, and such other types of family child care homes designated by rules of the state board pursuant to section 26 -6 -106 (2) (p), as the state board deems necessary and appropriate ". Additionally, an attachment has been provided that further outlines the regulatory provisions of the state statutes. Town of Avon The Town of Avon allows the operation of a child -care home as a home occupation, subject to Special Review. According to the Town of Avon land use regulations, • 2 a "home occupation" means an occupation, profession, activity or use that is conducted within a dwelling unit and is meant to produce income or revenue, or any activity associated with a nonprofit organization which: A. Does not produce noise audible outside the dwelling unit where such activity is taking place; B. Limits the amount of customers, visitors or persons, other than the occupants, to no more than five per day. In the case of day care, no more children than allowed by the state of Colorado license for a child care home (a state of Colorado license is also required to operate a child care home); C. Does not cause the visible storage or parking of vehicles or equipment not normally associated with residential use, which shall include but is not limited to the following: trucks with a rating greater than three - fourths ton, earth moving equipment and cement mixers; D. Does not alter the exterior of the property or affect the residential character of the neighborhood; E. Does not interfere with parking, access or other normal activities on adjacent properties, or with other units in a multifamily residential development; F. Does not require or allow employees to work on the property; G. Does not require alteration to the residence to satisfy applicable town fire or building codes, or county health regulations; H. Does not require or allow any signs to be visible from the outside of the property. {Ord. 98 -3 §VI: Ord. 91 -10 §1 (part)). Home occupations are allowed in the following zone districts, subject to a Special Review Use Permit: • Residential Single Family • Residential Duplex • Residential Low Density • Residential Medium Density • Residential High Density • Planned Unit Development Home occupations are not allowed in the Government, Park & Employee Housing Zone District. A special review use shall require a special review use permit prior to the issuance of a building permit or the commencement of the use do identified as a special review use in the appropriate zone district(s). A special review use shall not be considered a use by right without review and approval, as set forth in Section 17.48.020, nor shall the use vest unless a development plan is approved for the property. (Ord. 91 -10 §1(part)). The staff and the planning and zoning commission shall consider the following criteria when evaluating an application for a special review use permit. A. Whether the proposed use otherwise complies with all requirements imposed by the zoning code; B. Whether the proposed use is in conformance with the town comprehensive plan; C. Whether the proposed use is compatible with adjacent uses. Such compatibility may be expressed in appearance, architectural scale and features, site design, and the control of any adverse impacts including noise, dust, odor, lighting, traffic, safety, etc. (Ord. 91 -10 §1(part)). Eagle County Eagle County regulates two types of child day care facilities; Day Care Centers and Day Care Homes. According to the Eagle County land use regulations, a Day Care Center is defined as, "a residence or facility that provides regular care and supervision, for an entire day or a portion of a day, for seven or more children who are not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care. A day care center shall comply with all applicable standards for child care centers of the Colorado Department of Social Services." A Day Care Home is defined as, "a residence or facility that provides regular care and supervision, for an entire day, for more than two but not more than six children from birth to sixteen years of age who are not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care. Care also may be provided for no more than two additional children of school age attending full -day school. Residents of the home underl2 years of age who are on the premises and all children on the premises for supervision are counted against the approved capacity. A day care home shall comply with all applicable standards for child care centers of the Colorado Department of Social Services," Eagle County allows the operation of Day Care Homes in 14 of their 16 zone districts as a "use by right" upon the determination that all applicable requirements have been met. In contrast, Day Care Centers are allowed in the same 14 zone districts; however, the review and approval of a Special Use 4 Permit is required. The two zone districts that do not allow these facilities are the Backcoun" and Fulford Historical Districts respectively. According to the Eagle County Land Use Regulations, Special Uses are those uses that are not necessarily compatible with the other uses allowed in a zone district, but which may be determined compatible with the other uses allowed in the zone district based upon individual review of their location, design, configuration, density and intensity of use, and the imposition of appropriate conditions to ensure the compatibility of the use at a particular location with surrounding land uses. Upon receipt of an application for a Special Use, the Community Development Department shall prepare a report for presentation to the Planning Commission and cause public notice to be provided. The Planning Commission shall conduct a public hearing on the application and based upon the review of the application for compliance with the relevant and applicable criteria, forward a recommendation to the Board of County Commissioners to approve, approve with conditions, or disapprove the Special Use application. The issuance of a Special Use permit shall be dependent upon findings that there is competent evidence that the proposed use, as conditioned, fully complies with all the prescribed standards. The prescribed standards include consistency with the applicable Master Plans, compatibility, zone district standards, minimization of adverse impacts, impact on public facilities, site development standards and other provisions deemed necessary. Ill. RECOMMENDATION FOR AMENDMENTS Staff is recommending text amendments to the Zoning Regulations to allow for the operation of home child day care facilities and child day care centers. Staff recommends that a definition of Home Child Day Care Facilities be adopted along with a definition of Child Day Care Centers. Staff recommends that Section 12 -2 -2, Definitions of the Zoning Regulations be amended to include the following terms: "Home Child Day Care Facility " — "a residence or facility that provides regular care and supervision, for an entire day, for more than two but not more than six children from birth to sixteen years of age who are not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care. Residents of the home under 12 years of age who are on the premises and all children on the premises for supervision are counted against the approved capacity. A day care home shall comply with all applicable standards for child care centers of the Colorado Department of Social Services." 41 and, "Child Day Care Center" - 0 " "a residence or facility that provides regular care and supervision, for an entire day or a portion of a day, for seven or more children who are not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care. A day care center shall comply with all applicable standards for child care centers of the Colorado Department of Social Services." Staff further recommends that the operation of a Home Child Day Care Facility be classified as a Home Occupation, as defined in the Zoning Regulations, in certain established residential zone district subject to the issuance of a Home Occupation Permit and a Conditional Use Permit. Additionally, staff is recommending that a text amendment be adopted allowing Child Day Care Centers in certain established residential and commercial zone districts. Section 12- 14 -12: HOME= OCCUPATIONS of the Zoning Regulations, establishes the procedures for the issuance of a Home Occupation Permit. According to Section 12- 14 -12, A. Permit Required: The conduct of a home occupation, where permitted as an accessory use by the provisions of this Title, shall be subject to issuance of a home occupation permit by the Administrator. Application shall be made on a form prescribed by the Administrator, and shall be accompanied by a statement fully describing the nature of the home occupation, including hours of operation, equipment or machinery to be used, anticipated number of customers, clients or students, and other features of the home occupation. The application shall describe in detail the manner in which the home occupation will conform with the requirements of this Chapter. B. Application Contents: An application for a home occupation permit shall be made upon a form provided by the Administrator. The application shall be supported by documents, maps, plans, and other material as requested by the Administrator to evaluate the proposal. Application materials may include but not be limited to floor plans, site plans, parking and traffic circulation plans, verification of liability insurance, and title reports. C. Permit Issuance And Findings: After review of the application, the Administrator may issue a home occupation permit if he/she finds that the proposed use will conform with the requirements of this Chapter. The permit may be subject to such conditions as the Administrator deems necessary to guarantee operation of the home occupation in accordance with the requirements of this Chapter and compatibly with other uses in the vicinity. The Administrator shall deny the application if he/she finds that the proposed use will not conform with the provisions of this Chapter, or would be injurious or detrimental to other properties in the vicinity. D. Permit Time Limit: Renewal: Home occupation permits, when issued, shall be for a limited time period not exceeding twe (2) „ear& one (1) year. Permits shall be renewable upon application, subject to such regulations as shall be in effect at the time of application for renewal. The Administrator shall make the same findings with respect to an application for renewal as for the original issuance of a home occupation permit. E. Requirements For Permit: Where permitted, home occupations shall be subject to the following limitations: 1. The use shall be conducted entirely within a dwelling and carried on principally by the inhabitants thereof. A home child day care facility shall be exempt from this requirement to allow outdoor play areas. 2. Employees, other than inhabitants of the dwelling, shall not exceed one person at any time. 3. The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the residential character thereof of the property and neighborhood. 4. The total floor area used for the home occupation shall not exceed one - fourth (114) of the gross residential floor area of the dwelling, nor exceed five hundred (500) square feet. Home child day care facilities shall not exceed one -half (112) of the gross residential floor area of the dwelling, nor one thousand, two hundred fifty (1,250) square feet. 5. There shall be no advertising, display, or other indication of the home occupation on the premises. 8. Selling stocks, supplies, or products on the premises shall not be permitted, provided that incidental retail sales may be made in connection with other permitted home occupations. 7. There shall be no exterior storage on the premises of material used in the home occupation. 8. There shall be no noise, vibration, smoke, dust, odor, heat, or glare noticeable at or beyond the property line, as a result of the home occupation. A home child day care facility shall be exempt from this requirement to allow outdoor play areas. 9. A home occupation shall not generate significant vehicular traffic in excess of that typically generated by residential dwellings and shall not interfere with parking, access or other normal activities on adjacent properties, or with other units in a multi - family residential development.. 10. No parking or storage of commercial vehicles in association with a home occupation permit shall be permitted on the site. E. Interpretation: 1. For purposes of this Chapter, provided that all requirements prescribed in this Chapter are met, the following examples shall be considered home occupations: a. Activities conducted principally by telephone or mail order. b. Studios and activities producing light handcrafts or objects of art. c. Teaching and tutoring instruction limited to two (2) pupils at a time. d. Dressmaking or apparel alterations. e. Horne child day care facility 2. A home occupation shall not include: a clinic, funeral home, nursing home, tearoom, restaurant, antique shop, veterinarian's office, or any similar use. F. Permit Revocation Or Discontinuance: 1. A home occupation permit may be revoked by the Administrator if he /she determines that the provisions of this Chapter or the limitations prescribed as a condition of the permit are being violated. 2. A home occupation permit shall become void if not used within two (2) months of issuance, or if the use for which it was issued is discontinued for a continuous period of six (6) months. (Ord. 8(1973) §§ 17.301 — 17.306) Chapter 16: CONDITIONAL USE PERMITS of the ;Zoning Regulations, establishes the procedures and criteria for the issuance of a Conditional Use Permit. According Chapter 16, 12 -16 -1: PURPOSE; LIMITATIONS: In order to provide the flexibility necessary to achieve the objectives of this Title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because, of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this Title and with respect to their effects on surrounding properties. The review process prescribed in this Chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. (Ord. 8(1973) § 18.100) 12 -16 -2: APPLICATION; CONTENTS: Application for a conditional use permit shall be made upon a form provided by the Administrator. The application shall be supported by documents, maps, plans, and other material containing the following information: A. Name and address of the owner and /or applicant and a statement that the applicant, if not the owner, has the permission of the owner to make application and act as agent for the owner. B. Legal description, street address, and other identifying data concerning the site. 0 C. A description of the precise nature of the proposed use and its operating characteristics, and measures proposed to make the use compatible with other properties in the vicinity. D. A site plan showing proposed development of the site, including topography, building locations, parking, traffic circulation, usable open space, landscaped area, and utilities and drainage features. E. Preliminary building plans and elevations sufficient to indicate the dimensions, general appearance, scale, and interior plan of all buildings. F. Such additional material as the Administrator may prescribe or the applicant may submit pertinent to the application and to the findings prerequisite to the issuance of a conditional use permit as prescribed in Section 12 -16 -6 of this Chapter. B. A list of the owner or owners of record of the properties adjacent to the subject property which is subject of the hearing. Provided, however, notification of owners within a condominium project shall be satisfied by notifying the managing agent, or the registered agent of the condominium project, or any member of the board of directors of a condominium association. The list of owners, managing agent of the condominium project, registered agent or members of the board of directors, as appropriate, shall include the names of the individuals, their mailing addresses, and the general description of the property owned or managed by each. Accompanying the list shall be stamped, addressed envelopes to each individual or agent to be notified to be used for the mailing of the notice of hearing. It will be the applicants responsibility to provide this information and stamped, addressed envelopes.. Notice to the adjacent property owners shall be mailed first class, postage prepaid. (Ord. 49(1991) § 1: Ord. 50(1978) § 15: Ord. 30(1978) § 1: Ord. 16(1978) § 4(a): Ord. 8(1973) § 18.200) 12 -16 -3: FEE: The Town Council shall set a conditional use permit fee schedule sufficient to cover the cost of Town staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of the application, and shall not be refundable. (Ord. 8(1973) § 18.300) 12 -16 -4: HEARING: Upon receipt of a conditional use permit application, the Planning and Environmental Commission shall set a date for hearing in accordance with subsection 12 -3 -6C, "notice ", of this Title, shall be given, and the hearing shall be conducted in accordance with subsections 12 -3 -6C and D of this Title. (Ord. 8(1973) § 18.400) 12 -16 -5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION: A. Possible Range Of Action: Within thirty (30) days of the application for a public hearing on a conditional use permit, the Planning and Environmental Commission shall act on the application. The Commission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this Title, or the !Commission may deny the application. A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the Commission may prescribe. Conditions may include, but shall not be limited to, requiring special setbacks, open spaces, fences or walls, landscaping or screening, and street dedication and improvement; regulation of vehicular access and parking, signs, illumination, and hours and methods of operation; control of potential nuisances; prescription of standards for maintenance of buildings and grounds; and prescription of development schedules. B. Variances: A conditional use permit shall not grant variances, but action on a variance may be considered concurrently with a conditional' use permit application on the same site. Variances shall be granted in accordance with the procedure prescribed in Chapter 17 of this Title. (Ord. 16(1978) § 4(b): Ord. 8(1973) § 18.560) 12 -16 -6: CRITERIA; FINDINGS: A. Factors Enumerated: Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title_ B. Necessary Findings: The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this Title and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 0 IN 3. That the proposed use will comply with each of the applicable provisions of this Title. (Ord. 10(l 998) § 9: Ord. 22(1996) § 3: Ord. 36(1980) § 1: Ord. 8(1973) § 18.600) 12 -16 -7: USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by Section 12 -16 -6 of this Chapter. A. Uses And Criteria: 1. Bakeries And Confectioneries: The use shall be restricted to preparation of products specifically for sale on the premises. 2. Barbershops, Beauty Shops And Beauty Parlors: No exterior frontage on any public way, street, walkway, or mall area is permitted. 3. Brew Pubs: a. There shall be no exterior storage of supplies, refuse, or materials on the property upon which the brew pub is operated. b. The operator of the brew pub shall comply with the Town's loading and delivery regulations as set forth in this Title. c. Brew pubs which sell beer or ale at wholesale or which sell beer for off -site consumption are allowed so long as the total of wholesale sales and sales for off -site consumption do not exceed forty five percent (45 %) of the product manufactured by the brew pub on an annual basis. 4. Commercial Storage: No exterior frontage on any public way, street, walkway, or mall area is permitted. 5. Convenience Food Stores: a. Maximum store size shall be eight thousand (8,000) square feet. b. No more than thirty three percent (33 %) of the gross building area of the entire structure on -site. 6. Major Arcade: a. No exterior frontage on any public way, street, walkway, or mall area is permitted. b. Amusement devices shall not be visible or audible from any public way, street, walkway, or mall area. 7. Television Stations: a. The production room /studio shall be visible from the street or pedestrian mall. b. The television station shall be "cable- cast" only, requiring no additional antennas. 8. Time -Share Estate, Fractional Fee, Fractional Fee Club, Or Time - Share License Proposal: Prior to the approval of a conditional use permit for a time -share estate, fractional fee, fractional fee club, or time -share license proposal, the following shall be considered: a. If the proposal for a fractional fee club is a redevelopment of an existing facility, the fractional fee club shall maintain an 40 equivalency of accommodation units as are presently existing. Equivalency shall be maintained either by an equal number of units or by square footage. If the proposal is a new development, it shall provide at least as much accommodation unit gross residential floor area (GRFA) as fractional fee club unit gross residential floor area (GRFA). b. Lock -off units and lock -off unit square footage shall not be included in the calculation when determining the equivalency of existing accommodation units or equivalency of existing square footage. c. The ability of the proposed project to create and maintain a high level of occupancy. d. Employee housing units may be required as part of any new or redevelopment fractional fee club project requesting density over that allowed by zoning_ The number of employee housing units required will be consistent with employee impacts that are expected as a result of the project. e. The applicant shall submit to the Town a list of all owners of existing units within the project or building; and written statements from one hundred percent (100 %) of the owners of existing units indicating their approval, without condition, of the proposed fractional fee club. No written approval shall be valid if it was signed by the owner more than sixty (60) days prior to the date of filing the application for a conditional use. 9. Transportation Businesses: a. All vehicles shall be parked upon approved parking areas. b. All vehicles shall be adequately screened from public rights of way and adjacent properties, consisting of landscaping and berms, in combination with walls and fences, where deemed necessary to reduce the deleterious effects of vehicle storage. c. The number, size and location of vehicles permitted to be stored shall be determined by the Planning and Environmental Commission based on the adequacy of the site for vehicle storage. Consideration shall be given to the adequacy of landscaping and other screening methods to prevent impacts to adjacent properties and other commercial and/or residential uses. d. Parking associated with transportation businesses shall not reduce or compromise the parking required for other uses on -site. (Ord. 10(1.998) § 11) 10. Home Child Day Care Facility: a. The maximum number of children shall be no more children than allowed by the State of Colorado licensing authority for a child care horse or a total of six (6) children, which ever is more restrictive. b. A State of Colorado license is required to operate a child care home and a current copy of the license shall be kept on file in the Town of Vail Community Development Department. c. A conditional use permit for a home occupation to operate a home child care facility shall be valid for one year. The permit holder shall be responsible for requesting renewals and maintaining all permits as current. 12 0 12 -16 -8: PERMIT APPROVAL AND EFFECT: Approval of a conditional use permit shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. (Ord. 10(l 998) § 10: Ord. 48(1991) § 1: Ord. 16(1978) § 4(d)) 12 -16 -9: CONFLICTING PROVISIONS: In addition to the conditions which may be prescribed pursuant to this Chapter, a conditional use shall also be subject to all other procedures, permits, and requirements of this and other applicable ordinances and regulations of the Town. In event of any conflict between the provisions of a conditional use permit and any other permit or requirement, the more restrictive provision shall prevail. (Ord. 10(l 998) § 10: Ord. 8(1973) § 18.900) Zone Districts For Consideration There are currently 24 zone districts in the Town of Vail. Of the 24 different zone districts: + eight (8) are residential districts, + nine (9) are commercial and business districts, + four (4) are open space and recreation districts, and + three (3) are special and miscellaneous districts. Child care facilities are currently only allowed, subject to the issuance of a conditional use permit, in the General Use zone district (special and miscellaneous district). Staff recommends that the Planning & Environmental Commission consider the appropriateness of allowing Home Child Day Care Facilities in each of the eight residential districts, as a conditional use, subject to the issuance of a conditional use permit and a home occupation permit. We further recommend that Day Care Centers be allowed as a conditional use in four of the commercial and business districts (Commercial Core 3, Commercial Service Center, Arterial Business and Lionshead Mixed Use 2) in one special and miscellaneous district (General Use), and in one open space and recreation district (Ski Base /Recreation). Due to the potential for unintended consequences of child care facilities and impacts on the residential character of neighborhoods, especially in the residential zone districts, staff is recommending that child day care not be a "use by right" in any district. 0 13 This is a checklist to assist you in preparing for the Home Visit t (} Yes ( ) No 8. Each child has his /her own place to rest, with a bed, sofa, cot or mat not less than 2" thick? ()Yes D No 9. Basic first aid items- bandaids, thermometer, ice packs, Syrup of Ipecac, rubber gloves? (Do not use Syrup Ipecac until you have contacted Poison Control) ()Yes ()No 10. Safety plugs in all unused outlets? ()Yes ()No 11. Gates for all stairways? ()Yes ()No 12. Safety latches on doors, cabinets, drawers where .there is anything that could hurt a child? (e.g., cleaning materials, perfumes, scissors, razors, medications, shaving lotions, hair products, matches, curling irons) ( }Yes ()No 13. Emergency numbers posted near the phone? Include police, fire, Poison Control, 911, parent emergency numbers, hospital or emergency medical clinic and child's doctor. ()Yes ( )No 14. Basement -2 exits - permanent installation of escape route if window sill is above 30" from floor? ()Yes.()No 15. Guns, bows and arrow, slingshots, etc. locked up and the ammunition locked up separately? ()Yes ()No 15. Individual towels, wash cloths, and cups? () Yes ( ) No 17. Fireplace, inserts, wood burning stoves fenced or not used during child care hours? ()Yes () No 18. HOME VISIT 40 ()Yes () No 1. Current First Aid /CPR card? Training in Universal ()Yes ()No Precautions? 12 clock hours of pre - licensing training? ()Yes ()No 2. Trash cans covered or inaccessible? ()Yes ( }No 3. Sharp knives kept up or latched? ()Yes ()No 4. Furnace & hot water heater free of flammable material? ()Yes ( }No 5. Furnace and hot water heater blocked off if it is in an area used for child care? ( }Yes ()No 6. Fire extinguisher? (5 lb. 2A, IOBC minimum)? ()Yes ()No 7. Smoke detectors in working condition on each level of the house where child care is provided? (} Yes ( ) No 8. Each child has his /her own place to rest, with a bed, sofa, cot or mat not less than 2" thick? ()Yes D No 9. Basic first aid items- bandaids, thermometer, ice packs, Syrup of Ipecac, rubber gloves? (Do not use Syrup Ipecac until you have contacted Poison Control) ()Yes ()No 10. Safety plugs in all unused outlets? ()Yes ()No 11. Gates for all stairways? ()Yes ()No 12. Safety latches on doors, cabinets, drawers where .there is anything that could hurt a child? (e.g., cleaning materials, perfumes, scissors, razors, medications, shaving lotions, hair products, matches, curling irons) ( }Yes ()No 13. Emergency numbers posted near the phone? Include police, fire, Poison Control, 911, parent emergency numbers, hospital or emergency medical clinic and child's doctor. ()Yes ( )No 14. Basement -2 exits - permanent installation of escape route if window sill is above 30" from floor? ()Yes.()No 15. Guns, bows and arrow, slingshots, etc. locked up and the ammunition locked up separately? ()Yes ()No 15. Individual towels, wash cloths, and cups? () Yes ( ) No 17. Fireplace, inserts, wood burning stoves fenced or not used during child care hours? ()Yes () No 18. Swimming pools or trampolines in yard fenced away from children? Hot tub covers bolted & securely locked? ()Yes ()No 19. 75 sq. ft. per child in fenced play yard? ()Yes ()No 20. Window wells in play area covered? ()Yes ()No 21. Tool sheds and garages locked? f ( )Yes ()No 21. Yard free of unsafe materials? (e.g., lawn mower, tools, propane tank, uncovered cooking grills, wood piles) ()Yes ()No 22. Decks more than 12" high have a protective railing or barrier with slats no wider than 5" apart? ()Yes ()No 23. Swing sets stable and in safe condition with no uncovered protruding bolts, screws? ()Yes ()No 24. 35 sq. ft. per child of usable space INSIDE? ()Yes ()No 25. Hot water heater turned down to a safe level? ()Yes ()No 26. Bars and railings around decks, stairs, and upper levels inside the home less than 5" apart? ()Yes ()No 27. Plastic bags out of reach of children? ()Yes ()No 28. Emergency medical care authorization, admission record, child's medical, original immunization card on all children in care, complete and up to date? ()Yes ()No 29. Dogs /cats have current rabies shots? ()Yes () No 30. Designated diaper change area with durable, smooth, nonabsorbent, cleanable surface? () Yes ()No 31. Arrangement for a capable substitute (age 18+)? ()Yes ()No 32. Written statement of the home's policies of admission and registration of children, holidays,. payment of fees, discipline, emergency and security procedures (natural disasters, e.g., floods, fires) meals and snacks? ()Yes ()No 33. In event of injury, illness, is there a room or area to separate the child? ()Yes (.)No 34. For children under 2, adequate number of high chairs and other suitable equipment that meets standards of Consumer Product safety Commission? ()Yes ()No 35. For each child under 12 months are rest periods in a crib or a playpen with a pad and clean washable cover? Do cribs meet federal Consumer Product Safety Commission standards (space between crib slats no wider than 2 3/8" apart? ()Yes ONO 36. Exposed light bulbs have protective covers? ()Yes ( ) No 37. House free of poisonous plants? (e.g., Diffenbachia, philodendron, pathos) r1 LJ Approved 7/23/01 PLANNING.AND ENVIRONMENTAL COMMISSION PUBLIC MEETING MINUTES Monday, July 9, 2001 PROJECT ORIENTATION ! - Community Development Dept, PUBLIC WELCOME MEMBERS PRESENT Galen Aasland Diane Golden Doug Cahill Dick Cleveland Site Visits : Gateway — 12 Vail Road Driver: George 12:00 pm 1:00 pm 1 *19 - D: 3 ) NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing - Town Council Chambers 2:00 pm 16 1. A request for a rezoning from Commercial Core I to Commercial Service Center, a major amendment to Special Development District No. 21, a text amendment to Section 12 -7E -4 of the Vail Town Code, to allow for private clubs as a conditional use in the Commercial Service Center zone district, a conditional use permit for a private parking club in the Commercial Service Center zone district, and a conditional use permit to allow for residential dwelling units in the Commercial Service Center zone district, located at 12 Vail Road / portions of lots O and N, Block 5D, Vail Village 1 5t Filing. Applicant: Mountain Owners, L.P., represented by Braun Associates Planner: Allison Ochs Due to a lack of a quorum the item was heard as a worksession Allison Ochs gave a brief overview of the staff memorandum The applicant gave a brief presentation of the proposal. The applicant indicated that there was a net reduction in the number of employees in the building, and as such, no employee housing units should be required as recommended by the staff. Diane Golden apologized for the lack of Commission members. Dick Cleveland supports the change in zoning designation as justified by the Vail Land Use Plan. He stated that he believed it was important that the employee housing needs of the proposal needed to be met. • MEMBERS ABSENT John Schofield Chas Bernhardt Brian Doyon it TOWY OF VAIL Approved 7/23/01 2 Doug Cahill agreed with Dick on the issue of employee housing. He stated that it was time for this project to help address the employee housing issues. He believed that there could be latitude in the number of units required. Diane Golden stated that she looked forward to seeing office uses in the building. She didn't believe that employee housing would be compatible in the building. She felt an off -site location for housing was more acceptable. Tom Braun defended the applicant against having to provide employee housing. He argued the economics of the project prevented the ability to provide housing. Doug Cahill felt the applicant should be required to address the issue and that eight was too many however, something was required. He believed that maybe only one unit would be needed. Kevin Deighan described the difficult economic situations of his purchase deal and believed that employee housing would break the back of this project. He stated that the building was poorly designed and a redesign costs too much when employee housing is required. Diane Golden stated that she would be willing to forego the requirement, but believed that employee housing was needed. Dominic Mauriello stated that the applicant disagreed with the condition preventing the sale of parking spaces. He stated that the condition on parking should be removed from the memo, as he felt the applicant had addressed the issue. He suggested that the building could support additional parking spaces as necessary if changes in uses were proposed. There would be six spaces available. Diane Golden suggested that the owner reserve the right to buy back all parking spaces when or if they are put on the market for sale. Dick Cleveland stated that he supported the parking club concept. Dominic Mauriello explained the applicant's concern with a coordinated loading dock with the Vail Plaza Hotel. Dick Cleveland stated that the applicant needed to work out the loading dock issue. A request for a final review to amend certain residential zone districts in the Town of Vail to allow home day care facilities subject to the issuance of a conditional use permit and a home occupation permit. Applicant: Town of Vail Planner: George Ruther George Ruther highlighted the changes proposed since the previous PEC review of this item. The changes included language regarding occupancy by children under 12, home occupations occurring outside the dwelling used for child care, provisions regarding noise, dust and odors, and the number of children allowed within a day care facility in a residential neighborhood. George stated staff's recommendation was to allow home day care in certain zone districts, subject to the issuance of a conditional use permit in all cases. Given the potential impacts to neighborhood character, staff did not think it would be appropriate to allow home day care facilities as a permitted use in any district. Various commissioners expressed concerns about allowing outdoor play areas and associated noise provisions. Dick Cleveland stated he supported the changes. 1) r Approved 7/23101 Doug Cahill had no additional comments. 4 Diane Golden had no additional comments. Doug Cahill moved to recommend approval in accordance with the staff memorandum. Dick Cleveland seconded the motion. The motion carried 4 -0. 3. A request for a final review of a minor subdivision proposal, located at 3634 & 3838 Bridge Road/ Lots 11 & 12, Bighorn Subdivision 2 nd Addition. Applicant: Gary Weiss, represented by Steve Riden, Architect Planner: Ann Kjerulf TABLED UNTIL JULY 23, 2001 Doug Cahill moved to table. Dick Cleveland seconded. The motion carried 4 -0. 4. A request for a final review of a minor subdivision proposal, located at 3816, 3826, and 3828 Bridge Road/ Lots 8, 9, & 10, Bighorn Subdivision 2n Addition. 0 Applicant: Jeff Dahl and June Frazier, represented by Steve Riden, Architect Planner: Ann Kjerulf TABLED UNTIL JULY 23, 2001 Doug Cahill moved to table_ Dick Cleveland seconded. The motion carried 4 -0. 5. A request for a final review and a recommendation to the Vail Town Council on the Town of Vail's proposed Meadow Drive streetscape improvement project, located at East/West Meadow Drive, Vail Village. Applicant: Town of Vail Planner: George Ruther TABLED UNTIL JULY 23, 2001 Doug Cahill moved to table. Dick Cleveland seconded. The motion carried 4 -0. 0 Approved 7/23101 6. A request for a recommendation to the Vail Town Council on the adoption of the Arts in Public Places Master Plan. Applicant: Town of Vail, represented by Braun Associates, Inc. Planner: Ann Kjerulf TABLED UNTIL JULY 23, 2001 7. Approval of June 25, 2001 minutes TABLED UNTIL JULY 23, 2001. Doug Cahill moved to table. Dick Cleveland seconded. The motion carried 4 -0. 8. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479 -2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479 - 2356, Telephone for the Hearing Impaired, for information. Community Development Department 4