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HomeMy WebLinkAbout2001-0723 PECTHIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of ,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 23, 2001, at 2:f~0 P.M. in the Town of Vail Municipal Building. In `~""~ consideration of: ~~/"' A request for a canditional use permit, to allow for a Type II Employee Housing Unit, located at 84 Beaver Dam RoadlLot 28, Block 7, Vail Village 1s' Filing. Applicant: Petrus Financial Management, LTD. Planner: Bill Gibson A request for a conditional use permit, to allow for vehicle storage in accordance with Section 12-71-4, Vail Town Code, located at 923 South Frontage Road West ! Unplatted. Applicant: Fitz & Gaylord Landscaping Planner: Brent Wilson A request for a recommendation to the Town Council to amend Sections 12-7H-3C, 12-7H-4B, 12-71-3C, and 12-71-4B, Vail Town Code, to allow for commercial ski starage as a conditional use on the first and second floors of buildings in the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts, and' to amend Section 12-2-2, Vail Town Code to add a definition of "pedestrian way." Applicant: Town of Vail Planner: Allison Ochs A request for a recommendation to the Town Council to allow for an amendment to Section. 12- 61-2 (Housing zone district -Permitted Uses), Vail Town Code, to allow fvr the addition of "employee housing" as a permitted use in the Housing Zone District, and to amend Section 12- 2-2, Vail Town Code to amend the definition of "employee housing." Applicant: Town of Vail Planner: Allison Ochs r1 LJ A request for a recommendation to the Town Council for the adoption of two view corridors within Lionshead, as identified within the Lionshead Redevelopment Master Plan. View Corridor 1 is located approximately at the main pedestrian exit looking southwest towards the Gondola lift line. View Corridor 2 is located approximately from the pedestrian plaza at the east. end of the Lifthouse Lodge looking south up the Gondola lift line. Amore specific legal description of the two view corridors is on file at the Community Development Department. Applicant: Town of Vail Planner: Allison Ochs 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 Vaii 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 cal9 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published July 6, 2QQ1 in the Vail Trail. ~. ~- TOWN Of"YAIL 1 PLANNING AND ENVIRONMENTAL COMMISSION • r~ U PUBLIC MEETING RESULTS Monday, July 23, 2001 PROJECT ORIENTATION f - Community Develaprnent Dept. PUBLIC WELCOME MEMBERS PRESENT Dick Cleveland Brian Doyon John Schofield Galen Aasland Chas Bernhardt Doug Cahill Site Visits : 1. Fitz ~ Gaylord - 923 S. Frontage Rd. Wes# 2. Gateway - 12 Vail Road Driver: George 12:00 pm 1:75 pm ~~ 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 A request for a conditional use permit, to allow for a Tye II Employee Housing Unit, located at 84 Beaver Dam RoadlLot 2$, Block 7, Vail Village 1s Filing. Applicant: Petrus Financial Management, LTD. Planner: Bill Gibson MOTIQN: Jahn Schofield SECC7ND: Doug Cahill VOTE: 6-0 APPROVED WITH 1 CONDITION: Prior to the issuance of a building permit, the Community Development Department shall receive proof from the applicant that a Type II Restrictive Covenant has been recorded with the Eagle County Clerk and Recorder's ©ffice, thereby ensuring that the employee housing unit will be permanently restricted for employee housing. 1 2. A request for a final review of the rezoning from Commercial Core E to Commercial Service Center, a major amendment to Special Development District No. 21, a text amendment to Section 12-TE-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 far residential dwelling units in the Commercial Service Center zone district, located at 12 Vaii Road !portions of lots O and N, Block 6D, Vail Village 1s' Filing. ~~ 7y~r~~f ~ 1 V IT~l1 ~P Y~IL MEMBERS ABSENT Diane Golden Applicant: Moun#ain Owners, L.P., represented by Braun Associates Planner: Allison Ochs MOTION: Brian Doyon SEC©ND: Chas Bemardt VOTE:. 5-0 REZONING FROM CC1 TO CSC RECOMMENDED APPROVAL TO THE TOWN CDUNCIL MOTION: 'Brian Doyon SECOND: Dick Gleveland VOTE: 4-1 (Cahill opposed} MAJOR AMENDMENT TO SDO #27 RECOMMENDED APPROVAL TO 7'HE 7`OWN COUNCIL WITH 4 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. 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, 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 io resolve loading and delivery concerns at the Gateway. If 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 building permit. 3. The PEC recommends to the Town Council that the applicant provide housing for ~ to 5 employees, The exact number shall be determined by the Town Council. 4. Tha# the applicant submits an applica#ion to the Department of Community Development prior to second reading of an ordinance far a Conditional Use Permit. to create housing for 1 to 5 employees, should the Town Council require employee housing. The housing shall be located within. the Town of Vail, M©TION; Doug Cahill SEC©ND: Dick Cleveland VOTE: 5-t3 GONDI~IONAL USE PERMIT FOR MULTIPLE-FAMILY DWELLING UNITS APPROVED MC?TION: Doug Cahill SECOND: Dick Gleveland VOTE: 3-2 (Schofield, Doyon opposed} CONDITIONAL USE PERMIT FOR PRIVATE PARKING CLUB APPROVED WITH 3 GONDITIONS: 1. Prior to first reading of the amending ordinance, that the applicant provides a parking plan which identifies the use and type of ownership of each individual parking space, This information will be kept on file with the Department of Community Development. Each space must be signed an the site accordingly. 2. That the approval of the conditional use permit far the private parking club is subject to the approval of the text amendments by the Tawn Council as outlined in Section VIE! of 2 the staff memorandum. 3. That no mare than 39 of parking spaces shall be used as part of the private club.. M~'}TIOIV: Brian Doyon SECOND: Doug Cahill VUTE: 4-1 (Schofield opposed} TEXT AMENDMENT TO CSC RECOMMENDED APPROVAL TO TOWN COUNCIL 3. A request for a conditional use permit, to allow for commercial storage and vehicle storage in accordance with Section 12-71-4, Vail Town Code, located at 923 South Frontage Road West ! Unplatted. Applicant: 1=itz & Gaylord Landscaping !Vail Resorts Planner: Brent Wilson MUTIQN: Brian Doyon SECOND. John Schofield VOTE: 6..p FITZ AND GAYLORD -COMMERCIAL STORAGE ........................ . APPROVED WITH 3 CONDITIONS: Pursuant to Title 14 {Development Standards}, Vail Town Code, the applicant shall extend the existing landscape berm {not less than 4" in height) along the western lot boundary 75 feet north for screening purposes, subject to design review. Pursuant to Section 5-1-6, Vail Town Code,, ail noxious weeds (including Canadian Thistle} wilt be removed from the berm. The berm will be constructed and vegetated within 60 days from today's date. !' 2. There .shall be no storage or dumping of hazardous materials or chemicals on the site. Pursuant to Section 5-1-3, Vail Town Code, this includes the prohibition of storage of junk or debris. 3. The applicant will remove all fill material and debris adjacent to the spruce trees immediately. MC7TION: John Schofield SECOND: Brian Doyon VOTE: 6-0 VAlL ASSOCIATES - VEHIGI_E STORAGE APPROVED WITH 5 CONDITIONS: Pursuant to Title 14 (Development Standards), Vail Town Code, the applicant shall extend the existing landscape berm (not less than 4" in height} along the western kot boundary 75 feet north for screening purposes, subject to design review. Pursuant to Section 5-1-6, Vail Town Code, all noxious weeds (including Canadian Thistle} will be removed from the berm, The berm will be constructed and vegeta#ed within 66 days from today's date. 2. This approval is for vehicle storage only. There shall be no vehicle repair, maintenance, service or fueling on the site. There shall be no storage or dumping of hazardous ma#erials or chemicals on the site. Pursuant to Section 5-1-1, Vail Town Code, this includes the storage of inoperable snowmobiles andlor passenger vehicles andlor any motor vehicle with an expired tag or registration. Pursuant to Section 5-1-3, Vail Town Code, this includes the prohibition of storage of junk or debris, -, 3. The maximum number of vehicles parked on the si#e shall not exceed a reasonable site capacity. If a reasonable capacity is exceeded, the Town will notify the applicant and allow 15 days for correction of any related issues. 4. Site access will be routed #hrough the adjacent Vail Associates shops site and the existing berm at the southern !ot boundary will be extended across the existing entry. 5. This will conditional use permit will expire {and be eligible far renewal) two years from today's date {July 23, 2003). 4. A request for a recommendation to the Town Council to amend Sections 12-7H-3C, 12-7H- 46, 12-71-3C, and 12-71-4B, Vail Town Code, to allow for commercial ski storage as a conditional use on the first and second floors of buildings in the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts, and to amend Section 12-2-2, Vail Town Code to add a definition of "pedes#rian way." Applicant: Tawn of Vail Planner: Allison Ochs MOTION: Dick Cleveland SECOND: Brian Doyon VOTE: 6-0 TABLED UNTIL AUGUST 13, 2001 5. A review of the proposed Arks in Public Places Strategic Plan. Applicant: Town of Vail, represented by 6raun Associates, Inc. Planner: Ann Kjerulf WORKSESSION - NO VOTE 6. A request for a recommendation to the Town Council to alivw for an amendment to Section 12-61-2 (Housing Zane District -Permitted Uses), Vail Town Cade, to allow far the addition of "employee housing" as a permitted use in the blousing Zone District, and to amend Section 12-2-2, Vail Town Code to amend the definition of "employee housing." Applicant: Town of Vail Planner: Allison Ochs TABLED UNTIL AUGUST 13, 2001 7. A request for a recommendation to the Town Council for the adoption of two view corridors within Lionshead, as identified within the Lionshead Redevelopment Master Plan. View Corridor 1 is located approximately at the main pedestrian exit looking southwest towards the Gondola lift line. View Corridor 2 is located approximately from the pedestrian plaza at the east end of the Lifthouse Lodge looking south up the Gondola lift line. Amore specific legal description of the two view corridors is on file at the Gammunity Development Department. Applicant: Town of Vail Planner: Allison Ochs MOTION: Jahn Schofield SECOND: Doug Cahill VOTE: 5-0 TABLED UNTIL AUGUST 13, 2001 C • • 4 • $. 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 MOTION: Brian Doyon SECOND: John Schofield VOTE: 6-{} TABLED UNTIL AUGUST 13, 2001 9. A request far a final review of a minor subdivision proposal, located at 3834 & 3838 Bridge Roadl Lots 11 & 12, Bighorn Subdivision 2"d Addition. Applicant: Gary Weiss, represented by Steve Riden, Architect Planner: Ann Kjerulf TABLED UNTIL AUGUST 13, 2001 • 10. 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"d Addition. Applicant: Jeff Dahl and .tune Frazier, represented by Steve Riden, Architect Planner: Ann Kjeruif TABLED UNTIL AUGUST 13, 2001 11. Approval of June 25, 2001 and July 9 , 2001 minutes 12. Information Update Performance Bond Process -update • PEC attendance ~ APA Conference RSVP deadline 7/30101 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 far the Hearing Impaired, for information. Community Development Department • MEIUIORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 2~, 2001 SUBJECT: A request for a conditional use permit to allow for a Type II employee housing unit located at 84 Beaver Dam Road /Lot 28, Block 7, Vail Village 15~ Filing Applicant: Petrus Financial Management, LTD Planner: Bill Gibson L DESG~iIPTIQN OF THE RRGPOSED USE In September and December of 1992, the Town Council passed Ordinances 9 and 27, Series of 1992, to create Chapter 13 (Employee Housing} which provides for the addition of Employee Housing Units (EHUs} as permitted or conditional uses within certain zone districts. In April of 2000, the Town Council passed Ordinance 6, Series of 2000, to repeal and reenact this chapter and provide additional incentives for the creation of employee housing in Vail. In Section 12-2- 2, an Employee Housing Unit is defined as follows: Section 12.2.2 Employee Housing Unit (EHU): A dwelling unit which shall not be leased or rented for any period Less than Thirty (30) consecutive days, and shall be reefed only to tenants who are full-Time employees of Eagle County. EHUs shall be allowed in certain zone districts as set forth in this Title (Section 12-13}. £levelopment standards for ENUs shall 6e as provided in Chapter 13, "Employee Housing" of this Title. For the purposes of this definition, a "full-time" employee shall mean a person who works a minimum of an average of thirty (30) hours per week. There shall be five (5) categories of EHUs. Type 1, Type 11, Type lll, Type 1V, and Type V. Provisions relating to each type of EHU are set forth in Chapter ]3, "Employee Housing" of thr's Title. The applicant is proposing a Type II employee housing unit in connection with a new single family residence. The Design Review Board has reviewed this proposal and approved it at their May 16, 2001 meeting contingent upon Planning and Environmental Commission approval of the Conditional Use Permit for the proposed Type Il EHU. The employee housing unit will be approximately 494 square feet in size and will include one bathroom, a kitchenette, a living room, and one bedroom. Two parking spaces are proposed for the EHU. The applicant is proposing to utilize the 500 square foot GRFA credit. • ,, - ~wx ok vary'' !I. STAFF RECQMMENDATION The Community Development Department recommends approval of this application fior a Type II Employee Housing Unit, based on the following findings: That the proposed location of the use is in accordance with the purposes of Section 12-13 {Employee Housing) 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 proper#ies ar improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of Section 12-16 {Conditional Use Permits) of the Vail Municipal Code. If the Planning and Environmental Commission chooses to approve this application, the Community Development Department recommends the following conditions: 1. Prior tv the issuance of a building permit, the Community Development Department shall receive proof from the applicant that a Type II Restrictive Covenant has been recorded with the Eagle County Clerk and Recorder's Office, thereby ensuring that the employee housing unit will be permanently restricted for employee housing. Please note that under Section 12-1~i of the Vail Town Cade, the approval of a conditional use permit shall lapse and become void ifi 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 years from when the approval becomes final. • 2 III. • Ill'. ZONING ANALYSIS Lot Size: 19,602 s.f. (0.45 acres) Zoning; Two-Family Primary/Secondary 'Residential Standard Allowed Existing Iota! GRFA 5,060 s.f. (+500 s.f.-EHU} Demo Primary 5,060 5.f. Demp EHU 300-1200 s.f. NlA Site Coverage 3,920 s.f. (20%} Proraased 5,060 s.f. 5,060 s.f. 494 s.f. (using 500 s.f. credit} Demo 2,742 s.f. Parking 3 spaces required for Primary unit 2 spaces required for EHU Setbacks 20115/i 5 Landscaping 11,761 s.f. (required} Outdoor Lighting 19 fixtures above 18" adRITERIA AND FINDINGS A. Consideration of Factors: 3 spaces 2 spaces 5 spaces total shall comply with code shall comply with code shall comply with code Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the factors with respect to the proposed use: t . Relationship and impact of the use on the develor~ment objectives of the Town.. When the Tawn Council adopted the Town of Vail Affordable Housing Study on November 20, 199x, it recognized a need to increase the supply of locals/employee housing units. The Town encourages EHUs as a means of providing quality living conditions and expanding the supply of employee housing for both year-round and seasonal local residents. The proposed unit will have a positive impact on the Town's rental housing needs. 2. The effect of the use on light and air, distribution of population, transportation facilities. utilities. schools. parks and recreation facilities. and other public facilities needs. Staff believes that there will be little impact from the proposed Type II EHU an light, air, population, transportation, utilities, schools or parks. • 3 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience. traffic flow and control. access. maneuverability. and removal of snow from the street and Dorking areas. Two additional vehicles are anticipated in association with this EHU. Two parking spaces are proposed. Staff feels that this would be an insignificant impact on the above-referenced criteria. Snow storage will be accommodated on the property. The driveway area and entrance, as proposed, comply with applicable development standards. 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, This proposal is very similar to other Type II Employee Housing Units that the Planning and Environmental Commission has approved in this neighborhood. The scale and bulk of the proposed structure is also similar to those in existence in the surrounding neighborhood. Staff believes that the proposal will not significantly impact the scale and bulk of this project in relation to surrounding uses. 5. Employee Housing Units may be allowed as a conditional use in those zone districts as specified by Section 1 ~-13 of the Vail Municipal Code. EmDlovee HQUSina and shall be subiect to the following requirements: a. Zoning districts permitted by right or by conditional use. Type II EHUs are a conditional use in the Single-Family Residential, Twa Family Residential, Two-Family Primary/Secondary Residential, and Agriculture & Open Space zone districts. The sutaject property is zoned Two-Family Primary/Secondary Residential. b. Ownership/Transference. The EHU shall not be sold or transferred separately from the unit it is associated with. The applicant is not proposing to sell or transfer the' EHU separately from the free-market dwelling units. c. Additional GRFA. The EHU is entitled to an additional 5U0 s.f. GRFA credit which the applicant is proposing to utilize. • • • 4 d. Parking Parking requirements for EHUs are per Chapter 12-10. The proposed EHU will be 494 s.f. in size and requires two parking spaces. The applicant is proposing two parking spaces for the EHU. e. Minimum/Maximum GRFA of an EHU The minimum square footage for a Type II EHU is 300 s.f. and the maximum square footage is 1,200 s.f. The proposed EHU will be 494 square feet in size f. ©ensity The EHU does not count towards density. 13. Findings: The Planning and Environmental Commission shall make the following findings before granting a conditional use permit for an Employee Housing Unit: ~ . That the proposed location of the use is in accordance with the purposes of Section 12-t3 (Employee Housing) 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 Section 12-16 (Conditional Use Permifs) of the Vail Municipal Cade.. • 5 .ruE<-ze-zeai ia: is P. e~ . lll ~A" _ ~ i ~ ~ o ~ ¢1 fI IL ~{ r ~- ~ r ~ ' F F~ ~ b l ti-~ p~ N :' o ~ r!7 y -~° ~~ ~ in ~' ~ ~ ~ IL ~ ~ t9 ;~ s ~ III ~ p ~ _ ti.. lit UUU~~~ -LI Q qqyy ' 4t lil ~ d' Fn- eu F ~ ~ ~ '~ + ~ ~ '~ .~ ~~i [} ff ^ ~ r. ~ alt - Z ~ ~ ~ ^ ~ , i F.: I1 ~ ~ U .. f . m i t. ~ 1 ~9 ~ ~ d t± ~ 4" - ~ "'~ rrv ~ f ,~ , U ~ s~, y ~ -- ~ _ ~ +~ ~ ~ ,~ v - ' . ENE .~ ,~ ~`~ r +~ ~ ~ Ci ~~ '~ ~ '~~ 16.1 ~2; L qty ,F ~ - /~ ~~ .. ~ti~y ` - / ~ // ~ f ~! ~,/"~ \ . ,~ ~ !' \ iii'.-.'`~~r, ` . ~, ~, ~ `u1 r 4~ ~Q R lT 1 G Ifi ry d cR r~ O A ~~9 i~ ~'T ~~ (i. V1 1 I" x~ w ~o ~,. m y O s. I n~+ r .t ~~ 4 `` D ].~ / A '~ "ti. ~` r JUL-20-2001 14~~2 P.02 ~ SO lA 1"1 D 1~ R~ to I ~ ' 1~- l~l Nil ~~ L~ ~~ '_W} 1-1--1 31 ~7 r_ rn r n .-+ c~ sa °°n c vi fU [v /0 ri Y .' L r_ w cn n.+ • ~, ;~r: f: MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATI~: July 23, 20Q1 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 Vai] Road /portions of lots O and N, Block 5D, Vail Village 15i Filing, Owner: Mountain Owners, L.P. Applicant: Timberline Commercial Reaf Estate, represented by Braun Associates, Inc. Planner: Allison Ochs i 1. INTRODUCTI{)N TfJ Tl~E 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 folCowing processes: A rezoning of the underlying zoning of CommerciaE Core I to Commercial Service Center, This is discussed in Section V of this memorandum. 2. A major amendment to Special Development District No. ~1, 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 far a private olub as a conditional use.. This is discussed in Section Vlll of this memorandum. 4. A conditional use permit for a private club. The private club proposed is a private parking club, which would allow parking on the site to be available for private use. This is discussed in Section Vll of this memorandum. ~. 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 an 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: f. 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 Vai! Village Master Plan and which are currently not allowed on the property. The proposal brings the property into conformance with the Vai! 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 wr'thin 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 safes tax is generated by a vacant building. 4. The proposal will inject life and acfivity into an empty building in a landmark setting within the Town and eliminate the perceptr`on of economic instability in fhe Town. 5. The proposed application provides far 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. II. STAFF RECOI'+IIMENDATIDIV 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 units in the Commercial Service Center zone district, located at 12 Vai] Road f 2 portions of lots O and N, Block 5D, Vail Village 1St Filing, subject to the findings and criteria as outlined in this sta€f 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: That the proposed zoning of Commercia! 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.. lllEajor amendment to SDD #27 Staff is recommending that the Planning and Environmental Commission forward a recommendation of approval of the motor amendment to Soecial Develooment District No. 21 to the Town Council, subject to the following fiindings: 1. That the proposed amendment to Special Development District No. 21, Vail Gateway, complies with the nine design criteria outlined in Section t ~-gq-8 of the Town of Vai! 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 the Planning 'and Environmental Commission choose to recommend approval of the proposed amendment to SDD #21, staff recommends the following conditions: 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 earner of the building shall be removed.. d. The stairwell on the east side of the building shall be cleaned and repaired. 3 e. The lattice on the east side of the building shall be repaired. ~. 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 Vaii Plaza Hotel to resolve 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. Should the developer of the Vail Plaza Hotel East not pull a building permit, this condition is eliminated. (Refer to Ordinance No. 4, Series of 2a(?0, for the requirements for the Vail Plaza Hotel Eas#) 3. That the applicant submits an application to the Qepartment of Community IJeveloprnent prior to second reading of an ordinance for a Conditional Use Permit to create housing for a minimum of 8 employees should the required housing be prouided an-site. Conditional Use Permit -Multiple-family dwelling units Staff is recommending approval of the conditional use oermit to allow for a total of 9 multiple-family dwellincts at the Vail Gateway, subject to the following findings: 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 wel€are 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 oermit to allow for a rrrivate club at the Vail Gatewav, subject to the following findings: 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 o€ 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. 4 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. The recommendation of approval is subject to the following conditions: 1. Prior to first reading of the amending ordinance, that the applicant provides a parking plan which identifies the use and type of ownership of each individual parking space. This information wil[ 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 na mare than 39 of parking spaces shall be used as part of the private club. • 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: 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 Tawn of Vail. • BAC:KGR~7UNC} ANf7 HISTORY OF THE GATEWAY The Vail Gateway was originally the sit+ Heavy Service {HS}. in 1988, an applic from HS to CC1 and approve a Spec development of a mixed-use projE commercial, office, and residential use {Val! Gateway} was approved by Ordi purpose of adopting SDD #21 was to a HS to CC1. CG1 zoning and SDD #21 an the property and to allow the dev otherwise prescribed in the CC1 zone the adoption of Ordinance No. 9 incl walkway on the north and west sides o improvements to the Vail Road and following briefly outlines the Vail Gatew~ of the Amoco Station, previously zoned ition was received to rezone the property al Development District to facilitate the ~t which included retail, restaurant, >. Special Development District No.21 Dance No. 9 in 1988. The expressed ow for the rezoning of the properly from were adopted to allow for a mix of uses ~lopment to exceed building height, as listrict. Public benefits realized through ide, among other things, a pedestrian the properly, and substantial landscape Guth Frontage Road intersection. The ~'s development history: 5 January 3. 1988 - An application is submitted to the Town of Vail Community Development Department on behalf of Mr, Leo Palmer proposing the 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 propQSed bulk 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 Seck on building heights for the gas station, "The Eldon beck study does shave that building heights far 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 prapased in this redevelopment plan and the concept of the rezoning to CC1. Although it may 6e 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 prapased without the left tum lane and elimr'nation of the surface parking as we1J as adequate parking provisions. 1Ne feel that the general concept of development proposed by the applicant is appropriate acrd believe that there is an opportunity here to pr©vide 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 bu6k and mass, height, setbacks, view corridor encroachment and parking were ail important issues tha# 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 ~Jsterfass. 6 Aaril 5, 19$8 -The Vaif Town Council approved Ordinance No. 9, Series of 1.988, An Ordinance Rezoning Lot N And A Portion (~f Lot O, Black 5D, Vai1 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 Vai! Gateway Plaza building and the further encroachment of a building into the view of Vail Mountain from the four-way intersection. July 29. 1998 - An application is submitted to the Town of Vail Community Development Department, on behalf of Charles R. Lipton, proposing a major amendment to SDD #21. The purpose of the amendment is to enclose an existing deck (460 sq. ft.j on the east side of the upper level of Condominium Unit No. 5. AuQUSt 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 pion (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 & Enviranmen#al Commission voted unanimously (7-0) to recommend approval of the major amendment request to the Vail Tawn Council. October 1. 1996 -The Vaif Town Gauncil adopted Ordinance No. 77, Series of 1936, An Ordinance Providing For The Major Amendment Of Special Development District No. 27, Vail Gateway; Amending An Approved Development Plan Far Special Development District No. 27 In Accordance With Chapter 78.40 C?f The Vail Municipal Gode. In adopting the ordinance, the Council found, in part, that it; ...Meets the Design Standards as set forth in Section 78.40 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 vvefl as the purpose section of the SDD Overlay none District. IV. ZOIVlIVG ANALYSIS Please refer to the attached analysis, V. REZQNING REQUEST- CRITERIA FOR EVALUATlOIV The applicant is requesting a rezoning the Vai{ Gateway, located at 12 Vail Road, a portion of Lots O and N, Block 5D, Vail Village 1 S` 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 The criteria for a rezoning are described in Chapter 12-3-? of the Town Code and ~' 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 #2t , with an underlying zoning of CC1. Ordinance No. 9, Series of 198$, approved the special development district, rezoning the property from Heavy Service NHS) to CG1, 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 Care l District is intended to provide sites and to maintain the unique character of the Vail Village commercia! area, with its mixture of lodges and commercia! esfablishments in a predominantly pedestrian environment. The Commercial Core f 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 thaf are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuafion of the building scale and architectural qualities that distinguish the Village. The applicant has requested a rezoning of the underlying zoning fram CC1 to CSC. The deviations fram the CSC zone d'astrict include: GRFA, 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 fadge uses as may be appropriate without interfering with the basic commercia! 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 (SDD #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 deveioprnent standards than CC1. 8 • 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 fast (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 far 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 GSC 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 CCa . As a result, the deviations required from the underlying zoning will be greater. The deviations are discussed more fully in Section V1 of tYris 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 VaiP Village Master Plan, staff believes that GSC 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 #ar similar uses to what is allowed with CC1, but allows greater flexibility in the tacation 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 $0% to 40%, site coverage is reduced from 80% to 75%, landscape area is increased from no requirement to 2D°/a, and the required lot area is increased from 5,000 sq. ft. to 20,D00 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 far 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. 5tatf believes that the uses proposed with CSC zoning will be more viable. However, because the uses of the building have gone from retail 9 and restaurant uses to office uses, there will be a Ions of potential sales tax revenue. CSC does allow the flexibility for these uses to return. D. Is the change consistent with the Land Use Planry The Vail Land Use Plan identifies the Vail Gateway as part of the Vaii 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: 1.7 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve bofh the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1. t 2 Vai! should accommodate most of the additional growth in existing developed areas (infill areas). ~.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 creatr've 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 orienfed business and cultural activities should be encouraged in i`he care areas to create diversity. Mare nighttime businesses, on-going events and sanctioned "street happenings" should be encouraged. 4.7 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 fhe Gore areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. ~a • 4.3 The ambiance of Va11 Village Is Important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, Intimate size, cosmopolltarr feeling, environmental quality.) 4.4 The connection between the Village Care and Lionshead should be enhanced through: a~ lnstallafion of a new type of people mover. b~ Improving the pedestrian system with a creatively designed connection, oriented coward a nature walk, alpine garden, and/or 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 Encentlves, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with fhe marketplace demands for a full range of housing types. 5.5 The existing employee pausing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. The Vail Village Master Plan 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,(7(1~p sq. ft, of retail space and approximately 3~D residential units, the mixed use character of these areas Is a manor factor in the appeal of the Vai! Village. Specifically regarding the Gateway property, the Vail Village Master Plan, in part, states: "If existing approval expires this site should be studied t© determine best use." Staff has identified the foliowing g©als and objectives from the Vail Village Master Plan which effect this proposal: 11 Goa! #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. i Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. Goal #2 - To faster a sfrong tourist industry and promote year- araund economic healfh and viabilty for fhe Village and for the community as a whole. 2.1 Objective: Recognize the variety of land uses found in the ! D sub-areas throughout the Village and allow for development that is campafible with these established land use patterns. 2.4 Objective: Encourage the development of a variety of new commercial activity where campafible 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. 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 ,narking 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 !_and Use Plan and the Vail Village Master Plan. VI. THE SPECIAL DEVEI`OPMENT 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 far the SDD was a pedestrian walkway on the north and west sides of the property. At the time, no employee housing units were required. • E~ 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 CCi 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 shat! be determined by the Tawn 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 1~-9A-8 of this Arficle. 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 Seetions 72- f 5-4, "interior Conversions'; or 1 ~-15-5, "Gross Residential Floor Area (2~0 Ordinance)" of this Title. The Municipal Cade provides a framework far the amendment of an established Special Development District. According to the Municipal Code, prier to site preparation, building construction, or other improvements to land within a Special Development District, there ~shail be an approved development plan far the Special Development District. The approved development plan establishes 13 requirements regulating development, uses and activity within the Special 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 Gauncil, in accordance with the provisions listed in Section 12-16-fi of the Municipal Cade. 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 spaceflandscape plan, densities and permitted, conditional and accessory uses. The determination of permitted, conditional and accessary 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, neighbarho~ad 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 ofi 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 4. The stairwell on the east side of the building shall be cleaned and repaired. ~. The Cattice on the east side of the building shall be repaired. B. 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 GSC zoning is 1 i~ dwelling units per core, 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 Fast (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, t'he 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 VI1 of this memorandum. Emplovee Hausinq Requirements As indicated in a number of the goals and objectives of the Town's Master Plans, providing a#fordable housing for employees is a critical issue which should be addressed through the planning process for Special Development Qistrict 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 oontained 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 Rasall, 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. Far 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 assesses a different percentage of affordable housing a developer must pravide for the "new" employees.. For example, Telluride requires developers to provide housing for 40°f° (0.40} of the "new"' employees, Aspen requires that 60°!° (0.60} of the "new" employees are provided 15 housing and Whistler requires that 104% (1.00} of the "new" employees be provided housing by the developer, In comparison, Vail has conservatively determined that developers shall provide housing for t 5% (O.fi 5} or 30% (0.30} of the "new" employees resulting from commercial development. When a pr©ject is proposed to exceed the density allowed by the underlying zone district, the 30% (0.3©} figure is used in the calculation, if a project is proposed at, or below, the density allowed by the underlying zone district, the fi 5% (0.15} figure is used. This special development district major amendment proposal exceeds the density (GRFA is considered a measure of density} permitted by the underlying zone district, and therefore, the 30% figure shall be used. However, far the existing development which did not exceed density, the fi 5% figure is used. EMPLOYEE HOUSING GENERATION ANALYSIS When SDD #2fi was originally approved, no employee housing units were required. The applicant is proposing no employee housing units in conjunction with this major SDD amendment. Staff believes that there is a defined town objective addressing the public need for employee housing. Recent SDDs and SDD major 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 #38 -Vail Plaza Hotel West: fi 4 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 =8,904 sq. ft. ~(5f1 Oa0 sq. ft.~ _ 34.52 employees b) Multi Family (Club Units) =7 units @(.4/unit} _ 2,8 employees c} BarlPestaurant =9,444 sq, ft. @ (511000 sq. ft,} 47.22 employees Total Employees 84..54 =employees (X 0.15 multiplier) 12.7 =new errrployees Existing Development -Middle of Range Calculations: 10 a} RetailJService Commercial =6,904 sq, ft. @(6.5/1000 sq. ft.} - 44.88employees b) Multi Family {Club Units) =7 units ~(.4/unit) _ 2.8 employees c) Bar/Restaurant =9,444 sq. ft. ~@ (6,511000 sq. ft.) _ 61.39 employees Total Employees 109.07 ~ employees (X 0.15 multiplier) 16.4 =new employees Existing Development -Tap of Range Calculations: a} RetaillServioe Commercial =6,904 sq. ft. x(8/1000 sq. ft.) _ 55.23 employees b} Mtalti Family (Club Units) =7 units ~(.4lunit} _ 2.8 employees c) SarlRestaurant =9,444 sq. ft. ~ (8/1040 sq. ft.) 75.5 employees Total Employees 133.53 =employees (X 0.15 multiplier} 2fl.fl =new empl©yees Propased Development - Battam of Range Calculations: a) Office: ProfessionalfOther =12,813 sq, ft. ~a (511000 sq. ft.) _ 64.07 employees b} Multi Family (Club Units) =9 units ~3a (.4funit} _ 3.6 employees Total Employees 67,67 =employees (X 0,30 multiplier} 24.3 =new employees Propased Development -Middle of Range Calculations: a) Office: Professional/C)ther =12,813 sq. ft. ~{6.5f1000 sq. ft.} _ 83.28 employees b) Multi Family (Club Units) =9 units @(.4funit} _ 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. [c~(Sf1000 sq. ft.) _ 102.50 employees 17 b} Multi Family (Club Units} =9 units @(.4/unit} _ 3.6 employees Total Employees 106.1 =employees (X 0.30 multiplier} 31.8 ~ new employees Staff Recommended Ranae Calculations: The analysis above has been provided for comparison and discussion purposes. Staff acknowledges that employee numbers determined as a result of the methodology may be inconsistent with numbers generated for other rede~eloprnent proposals. However, in the absence of any ether codified or reasonably accepted methodology, or a proposal from the applicant, this approach was used as a basis for discussions. Arguably, staff agrees that other methods of determination could be used to calculate employee pausing needs. Most importantly, staff believes that the Town of Vail has consistently required applications for redevelopment within Special Qevelopment Districts to mitigate development impacts. Staff acknowledges that number of units required for final approval has not always equaled the number determined as a result of the employee generation analysis. Because of the change in uses, staff believes that the proposal for the Vail Gateway will reduce the number of employees generated by 16.87 employees (from 84.44 to 67.67). To be consistent in the application of requiring employee housing to mitigate develapmen# impacts and to address the identified public interest, staff recommends that the applicant for the Vail Gateway proposal be required to provide employee housing. Staff acknowledges that there will be an overall reduction in the potential number of employees an the Vail Gateway site as a result at this redevelopment proposal. However, staff recognizes that the original SDD approval did not require, nor did the applicant provide, any employee housing. Fundamentally, staff believes that this applicant should be required to address the impacts of development on this site. The exact number of units or beds to be required should be discussed.. The Vaii Gateway redevelopment application proposes to exceed the allowable density {GRFA is a measure of density) on the site, and therefore, the 30°fo multiplier was used in the determination of employee generation. Under CC1 zoning, the Vail Gateway did not exceed density, so the 15% multiplier was used. The difference in the number of employees requiring housing is 7.6. This is based on the use of the Vaii Gateway as professional offices that generate the need for year-round employees. Depend%ng upon the size of the employee housing unit provided, it is possible to have up to two employees per bedroom. For example, atwo- bedroom unit in the size range of 450 - 9fl0 square feet, is possible of accommodating three to four employees. These figures are consistent 1$ with the requirements for the Type III employee housing units outlined in the Municipal Code. The applicant is proposing no employee housing units in conjunction with the proposal. Again, staff recommends that it is necessary for the applicant to provide employee housing to be' consistent in our application of requiring the mitigation of development impacts. Overall, staff believes that the density and uses proposed by the applicant for the Vail Gateway do not conflict with the compatibility, efficiency or workability of the surrounding uses andlor activities. C. Compliance with parking and loading requirements as outlined in Chapter 12-i D of the Town of Vail Municipal Cade. Parking The applicant exceeds the parking requirement as outlined in Chapter 12- 10 of the Town Code. According to Chapter 12-~ 0, the applicant is required to provide 47 parking spaces. According to the existing plans on file with the office of Community Qevelopment, there are 93 spaces in the parking structure. On site, there are currently 92 spaces in the parking structure. Of these, 42 are tandem spaces. Tandem spaces are allowed for valet parking and far residential parking. The applicant is proposing that the private parking club will utilize 39 parking spaces. The current parking requirement for dwelling units at the Vail Gateway is 1.4 per unit. However, the applicant is allocating 2 spaces per unit, Valet services will be provided. Staff is recommending a condition for a parking plan that clearly indicates which uses specific parking spaces will be reserved for. According to the Town Code, the proposed uses require 47 parking spaces. There are currently 92 spaces in the parking structure. The applicant is proposing that a maximum of 39 of the spaces will be used for the parking club, leaving a remainder of 6 spaces. This will allow far any future expansions or changes in use that would require additional parking to be accommodated on site. Loading The applicant is not currently proposing any changes to the loading situation at the Vail Gateway. However, there is a condition of approval for SD©#G, Vail Village Inn, which states: That the G-eveloper coordinate efforts witty the owners of the Gateway Building to create a below ground access for landing and delivery to the Gateway from the Vail Plaza Hate! to resolve potential loading and delivery cancerrrs nt the Gateway. If a coordinated effort Carr be reached the Developer shall submit revised plans to the Town of Vail Camrrrunity Development Department for review and approval, prior to the issuance of a bur7dirrg perrrait. Staff recommends that a similar condition be placed on the Vai! Gateway regarding a combined loading and delivery system for the Vail Gateway 19 and the Vail Plaza Hotel. This will eliminate loading and delivery traffic from Vail Road, locating it instead on the Frontage Rd. and addresses the concern of the Gateway residential owners that the current loading and delivery facility far the Gateway has negative impacts on their enjoyment of the residential units. The implementation of the recommended condition may cause a reduction in the number of parking spaces available for the use of the private club.. ©. Conformity with the applicable elements of the Vail GompreFiensive Plan, Town policies and Urban Resign Plan. q complete analysis of the Vail Land Use Plan and Vail Village Master Plan are in Section V of this memorandum. The applicant is proposing no exterior changes as this time. E. Identification and mitigation of natural andCor geologic hazards that affect the property on which the special development district is proposed. There are no natural andfor geologic hazards that effect the applicant's property. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The applicant is not proposing any exterior changes to the building. Therefore, staff believes that this criterion is not applicable to this application. G. A circulation system designed for bath 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. • • ~a VII. CONDITIONAL t1SE PERh111T 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 39 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 condi#ional use permit in accordance with the provisions of Title 12, Chapter 1 ~. For the Planning and Environmental Commission's reference, the conditional use permit purpose statement indicates that: !n 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 propertr'es. 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 operati©n 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: 1. Relationship and impact of the use on development objectives of the Town. Multiple-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 CSG zone district. The applicant is proposing 9 dwelling units on the property. Staff has identified the following objectives from the Vail Land Use Plan which staff believes are applicable to the conditional use permit request fior the existing and proposed multiple-family dwellings: 5. f Additional residentiaf growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exisC. 5.3 affordable employee housing should be made available through private efforts, assisted by limited 21 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. 1-iowever, 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 thatss proposed. Private club: The applicant is proposing a private parking club which, if the text amendment to GSC is approved, is considered a conditional use in the CSG 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.$ 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. In addition, staff has identified the following goals and objectives from the Vaii 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 Gblective: Meet parking demands with public and private parking facilities. 5. f.3 Policy: Seek locations for additional' structured public and private parking. 22 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. !n addition, the Vail Transportation Master Plan identifies the following goal:. Retain the ,private parking supply as are important and needed element. 2. Effect of the use on light transportation facilities, recreation facilities, and facilities needs. and air, distribution of population, utilities, schools, parks and other public facilities and public Multiple- family dwellings: The additional dwellings are created by infiiling 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 GSC 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 fisted criteria.. Private club: The private parking club wilt a positive impact on the above-mentioned criteria. The provision of private parking lessens the need for additional public parking fiaclities. 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. 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 gr 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 wilt 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 (Vail Plaza Hotel East and West). While there are no current plans to redevelop the Alpine 23 Standard, discussions with the owner have also indicated that a • redevelopment would include amixed-use product which would include residential dwelling units. Because there are no exterior changes proposed, staff does not believe that there wiEl be any adverse effects on surrounding uses.. 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. 13. 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 sec#ion of the zoning code and the purposes of the district in which the site is located. ~. That the proposed location of the use end the cenditicns under which it would be operated or maintained would not be detrimental to the public health, safety, ar 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. VIII. REVIEW CRITERIA AND FINDINGS F4R Z©NING CQDE AMENDMENTS In addition to the rezoning request, the applicant has requested an amendment to the Gammercial Service Center zone district, allowing private clubs as a conditional use in the zone district. Currently, the zoning code defines "private" 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: t2-7E-4: CQNDITIONAL USES: Private Club 24 12-2-2: DEI=INITiONS Private Club: an association of persons and its premises who are banafide members paying dues, use of such premises being restricted to members and their guests. The review criteria far a request of this nature are established by the Tawn of Vaii Municipal Cade. A. Consideration of Factors: 1. That the proposed amendments are consistent with the development objectives oi` the Town of Vail as stated in the Vail Land Use Klan. 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 o[her 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 i1seS. 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 above review criteria b Camrnission, private clubs existing and potential usr district. as a conditional use, subject to the the Planning and Environmental can be reviewed for compatibility with within the Town in the CSC zone 25 G ~ O m CV ~ ~ '~ No ~_ N ~ O in '.~ CS~7 ~ ~`~- G tl} cwt] ~' dam', V ~ ~ ^ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w ~ c ~ ~ t0 ;G U ~ ~ Cm, ~ ~ ~ tG f3 O '~ t~J ~ ~ ~ t3 ,~ ~ ~ ~ ~ O L ~ ~ ~ ~ U ~ ~ ~ ~ CLY , ~ O O C~C> ~ ~ ~ CJ C ~C ~ ,~ ~ t!s ~ .'_" to ~ ~ r qj ~ ~ t~C r°~ Q ~ ~ ~ ~ ~ ~ ~ u ~ '~ ~ ~~~~ ` NM ~~ Q o c, ~ ~ co o ~ ° ur r- ~ UC1 ~ ~ ~ t7 ~ '! ~ .~. a ~ '" N .~- ~. ,,. ~ »*- r i]" C1~ ~ Cf' r~ _ ~ o ~ ~`' u C .~ vy ~ ~ ,~~ fl, y Q _ V! ~.. in a a C tt~ ~ ~ R1 ~ oD °,~ ~ ~ ~ N ~ ~~~ ,:~~~~ ~Rf tt> ~ ~ ~ ~ ~ ~ ~ r r ~ C-- ~ r' C7 '3 ~ ~' ~ tJ ~ ~ a ~ ~ ~ C] Cri d5 ~ ~ ~ ~ ~ ~ ~ Q! ~ ~r ~' ~ ~~ t`d ~y t[7 ~ ~. ft~0 {1'f ~ #k ~ ~ o ~, try w- y J Q Q' ~~~Pryn ~ ~ c ,t.. o ~ ~ .~ ~ .- t3 cv nr N ~ ~3 t~ cs ~., ~ ~' or `~ '~ c? a ~ ~ cry ~ Y- ~ ~ Q1 ~ ' '~ D Q? ~ ~ ~ `i- ~ ~ ~ ~ ~ ' fJS ~ ~ LC7 ~r~ LL! L3 ~C6 d ~ C7~ ~' ! N ~ ~' r ~ [CS ~Y ~- a U C N ~ oc ~ ~~ ~ ~a N~ a. Application Supplement For Amendments to the VAIL GATEWAY BUILDInG Tov~vn of Vail, Colorado Jwne 1 ], 2d0I I. Introduction The Vail Gateway Buildin was originally proposed in the ]ate-] 980'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 Village's pedestrian corridors presented a number of other challenges. Ultimately the project eras approved as Special Development District No. 21 with arl underlying zoning of Commercial Core 1 {CCl} and in the early 1990's the Gateway Building was opened with a mixture of retail shops, restaurants and residential condotni~~iums. 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 cazu~ot 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}. 1n response to the failure of retail and restaurant uses, the owner of the commercial space has spent the bast year evaluating a variety of different development programs in an attempt to revitalize what can only be described as a distressed property. Existing Toning of the property has proven to be a major constraint to assenlbiing a feasible re-development program for the building. The fundamental problem with the revitalization of the building has proven to be the CC1 underlying zoning. As with. any SDD, the underlying zoning establishes permitted and conditional uses for the propezrty. The CC1 district essentially allov~ls for only retail and restaurant uses on street level. bVhile this zoning ~~-°as 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 1 zone district presents a major constraint to the revitalization of this building. Vail Gateway Building, Vail, Colorado Page 1 Braun Associates, ]nc. The proposed revitalization of the building is intended to provide viable commercial activity in this mixed-use area of the Town and v.=ould be accoznplisl~eti primarily by sin}ply broadezaing 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 far office and other commercial uses on the street level of the building, • The addition of t~vo residential dwelling units an the third floor, • Establishrxzent of a "parking club" within the building, and • All proposed modifications will take place within the existing budding, i.e. no plXysical expansions of the building are proposed. The zone change is intended to allow for office use an 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 trafCe. Employees, visitors, and activity will be introduced to the site that at the same time wFill 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 tl~e property (after accounting for tlxe changes in potential uses, the property will have a surplus of 3~J 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 lizrzited expansion of a land use that has proven to be a viable use on the site, Total project density will be witl}in the density levels originally approved by SDD No. 21. The proposed re-derreloprrkent package, taken as a whole, provides awin-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 {CCl) to Con2mercial Service Center (CSC}. Tlris change w°il] allow for office uses on the ground floor of the building. The CSC district is a more appropriate zoning far the property based on the Town's Land Use Plan and Vail Village Master Plan. Major amendment to SDD No. 2I . This amendment will allow for minor changes to the development plan and to developmment standards and also ackno~rledge the change to the underlying zone district. • Zoning text amendment to the Commercial Sen~ice Center zone district. This amendment ti~•ili allow for "private clubs" as a conditional use. Vai] Gateway [3uilciin~, Vail, Caloraclo Pale 2 $raun Associates, Int. • Conditional Use Permit application t© allow a private parking club tin the property. • Conditional Use Permit application. to allow the existing and proposed. reside~rtial uses. The CSC zone district requires a Conditional Use Permit far residential uses. The fc-Ilo~ving sections p~rovicle aiiditianal information om each of these five applications. Vail Gateway Buildin~,'Jail, Colorado Page Braun Associates, Inc. II. Rezoning from Commercial Core 1 to Commercial Service Center _. . The change in underlying zoning from Commercial Core l 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 CC1 district, there are very few differences in permitted and conditional in the CCl and CSC districts. There are some slight differences in the development standards (i.e. setbacks, building height, etc.) of these t~vo districts. However, SDD No. 21 establishes development standards for this property and as such, any differences between the development standards of CC1 and CSS are academic. The aniy other site in Vail currently zoned CSC is the Crossroads Flaza. 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 hale been developed as mixed-use prc~jeets with office, retail and residential uses. Wl}en tl~e Gateway Building was originally proposed the property was zoned Heavy Service and was occupied by a gas station. 1ti~ot long after the Gateway Building «~as 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 Buiiding was not included within this area. As such, the current CCl zoning is in conflict with the land use designation of the VVMP. The proposed change to CSC would be consistent with tl~e VVMP's mixed-use designation and bring the property into greate~• compliance with the Plan. The criteria which the Town uses to evaluate a rezoning request include; .l) Is the proposed zoning suitable with the existing land uses on tl~e site and adjacent land uses? Response: TJre zrses listed in the CSC zone. district crre nearly the scene as those car~tar"Heel in the CCI district. The location of uses within the building differs in that t13e CSC zor7e allota~°s office uses on any level of a building, 1n terms of c~rnpatibility, the CSCzorze district is consistent and caarplernentar~~ of the uses located an-site and on rreighhoring properties. The proposed CSC zoning will co~rtinzre to allow n2ixed uses consistent with the !'rail village 1~aster Plar7 crud the Vail Land Use Plan. 2) Is the amendment preventing :~ convenient workable relationship with land uses eousistent with municipal ohjeetives? Vail Gateway Building, Vai:, Cc~lc,rado Pagc 4 I~raun Associates, ]nc. Response: The proposed CSC zo~re district will provide for mixed-use develol~~nent consistent with tlae Vail Village Muster Plan. Py furthering the goals cif the VVMP, this proposal is consistent with mu~3icipal objectives. • Vail Gateway Building, Vaal, Colorado Page S Braun Associates, [nc. • 1' ~ S f/` j ,1 Y Y. j -bte' ~`l '~ ~ 1 5 /: I f}'T4~11 Y "r". 1 s ~ ~ ~ . i ~f ~ y~k~ r vY~~+ 8 j _ [_'~ ia4+ .:'.y„~.ri f 'v i " -" ~+«+~. .%~ ~- -_ ~. ~_ • .._ _... - - ;: ~ ;. . ~-11-~t ~~N=~c~e ~#~last~ P1~n ~ Maer Plan Term ~: ! _ ~ -.~ _ _, -,-. " --_.m~ . ... ~.... ~ . a .. ~ .: _~. .._~. ~ , ~. .~ __ ~~ ~.. ~ . _~.. ,- ~. ., .. 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' -` ~,, $°+- ° ~• ~`~. ~ ~ «..~ ~ ~ ~~. ~.... `~# L °' .TM.+". ~ n~e.~ ~~ :' ~`~"t '~,~ w- ~ '^ is L .. -~ _. _ f t _. } I ~. .~ ~ - ~ ~x~ ' m ~ ~ ... .Ty~Mi/! ~ 'i~f r . .` ~~ r r. ........ -~ ' .- .., }YR,^: .rte. _'.... ...r ," 9Y rF,}.. ..:.,w .y ~~ --» L~GBNI3 - ~~'~ ~ ~ -.~ ~r~1x~~# k~R?t. i11i1.ACaE R1+'+~ER PLAN BO! #'+1~kRY ~.._ ~ --- - --- ,~ ~ _'"' ~ `, `~.` ., ,~ GCW~t'e4ERCIAL ~rJRE I __.,~e ACM !€ ~ r~F3~A IhiCLl10E- NJ 7i~iE 41Ri~Afi1 I?~~sKs!~ GUi(3~ PLAN .: { ±`ry f ~} ~ '~R{PHERY!SUR13>atJNL71N~^i AREn' F This map shows the Vail Gateway Building outside of the area designated for CC1 zoning. 3) Daes the zoning pro~•ide for the growth of an orderlr~, viahle community? Response: The proposed CSCzarze district tia~ill provr'de_far orclerl}J~r°owtlz. by allowirz~ fc3r uses drat are consistent with 7'oujrz goals. This zone change will also allczw the owner greater flexibility irz the r°unge of land uses that will lac perrzzissr.'ble on the prrperty. In doing so, this will provide far a more viable property and a rrzare viable comrrzrrn.it}~. 4) lis the.change consistent with the Land Use Plan? Response: 7'he proposal canrplies with the Lmzd Use Plmz and the Vail Village Master Ylurr an:d specificall;> the foll~it irzg policies: Vail Land Use Plan: 1.1 Vai] should continue to grow izx a controlled environir~ent, 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 z-naintained and upgraded whenever possible. 1.12 Vai] should accommodate most of the additional growth in existing developed areas (irz~.ll areas). 2.2 The ski area owner, the business conv-nunity anal the Town leaders should work together closely to make existing facilities and the Town function mare effectively. 3.~ Commercial growth s1louId be concentrated in existing cornn~ercial areas to accommodate both local and visitor zaeeds. 5.1 Additional residential 4*rowth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not e~ i st. Fail 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 Gatcw~ay Building, ~'ai€, Colorado Page 8 Braun Associates, loc. • 1.2 ©biectivc: Encourage the upgrading and redevelopment of residential anti commercial facilities, 1,2,1 Policv:. Additional. development maybe allowed as identified by the action plan as is consistent with. the Vail Village Master Flan 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.I Objective: Recognize the variety of land uses found in the lfl 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 cornnlercial activities where compatible with existing land uses- • 2.5 Objective: Encourage the continued upgrading, renovation and rnaintenance 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 Objectjve: Meet parking demands with public and private parking facilities. 5.1.1 Policv: For new development that is located outside of the Comrnereial Core I 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 Policv: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. • Vail Gateway I3uilcting, Vail, Colc~raclo I'agc 9 $ra~rn .Associates, Inc. III. Maier Amendment to Sneeial Development District No. 21 The Vail Gateway Building was developed in accordance with the provisions of Special Development District No. ? 1. 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 extez-ior of the building. As such, there are no changes to building ]eight, setbacks, site coverage, etc. Interior changes include the proposed change of uses, the addition of two new dwelling Lmits and the additions of 4,723 square feet of GRFA. Qf 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 t1-e addition of two dwelling units. does not require an amendment because the existing SDD allows for up to 12 d~,vellinQ units and there are oa~:ly six uz3its currently on the property). SDD No- 21 currently allows for 13,OCla square feet of GRFA. Proposed modifications to the building would increase this number to 17,1 b0, or an increase of 4,16Q square feet. The vast majority of this new GR)iA is a result ofconverting existing commercial square footage to GRFA. Qf the new GRFA proposed, only 9G3 square feet of the 4,16 square feet is actually new floor area. This ne~~,~ floo2- area is created by infiiling the mezzanine space on the third floor in the old Michael's Restaurant. 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 envirournent, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Response: Tlrc hulk and scale of tlae project are already defined by the existing building acrd therefore tlae proposed anaendrnents da not lacrve an impact on bulk E~tad a~aass. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Response: This re-developraaent plan provides far• a mixture of office, retail, restaurant, service, and residential uses an floe property. Tlae huildiaa~; is located ira a "mixed use" area ideradified hy, Ilxe Yail pillage Master. The Vail Gate~~ay Baailding, Vail, Colorado Page ID E3raun p.ssociates, Inc- uses located on adjacent properties; residential, lodging, retail, and affr.ces, are canapcttilale 1~vitla floe praposerl developraaetlt pi"agi'an2. C. Compliance with parking and loading requirements as outlined in Chapter i2-ld of the Town of Vail Municipal Code. Response: ill existing on-site parking and leading facilities will retalaira unchanged. Tlae proposed cl2anges to uses within the building will, however, sigra~cantl~}> reduce floe need far parking and laadirag and delivery facilities. Excess pctrkiilg spaces are prop~tsed to b,r utilised IIs a parkirzg club. Refer to the c2ttached CUF applicatir~rz for this club. 13. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Flan. Response: There are no cl2aragcs prapo.sed to the exterior of doe building and as such this criteria is rtr~t relel~ett~t. E. identification and mitigation of natnral and/or geologic hazards that affect the property on which the special development district is proposed. Response: The proposed anaendinetat loos iao impact an dais 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 raa changes proposed to the exterior of the building ar the site and as such this criteria is toot relel~clnt 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 ai" site aiad as suela this criteria is r2at relevant. It is an.iicipated l2owev,;r, that the proposed claat2ges to the budding will result in srgrllfican.tl}~ less vehicular tl'Qf~c to a12d fYan2 floe site. ThIS 1S p1-IYna1"tl}% dlle t0 the e111n1iaatlDPl of 1~`ai] Gateway Builc4ing, Vail, Cnloracio Page 11 Braun .Associates, Inc. 3, 7G(1 square feet of ~°estciarant space that will be replaced hj> t>hra resiclerrticrl units. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Response: There are r~.o changes pa°oposed to floe exter=ior of the huildira~ or the site ar~d as such this cr^itef-ia is not relc~ti~a,~t. I. Phasing plan or subdivision plan that ~~•ill maintain a workable, functional and efficient relationship throughout the development of the special development district. Response: 7'lier-e is rzo phasirrg• proposed ~.vith this arr2eradrrrent. • V'ai1 Gateway Building, Vail, Cplorado Page 12 E3r~aun Associates, ]nc. IV. Text A.mendmertt to Commercial Service Center Allorvin~ Pri~rate Clubs A text amendment to the Commercial Service Center zone district is proposed to allow far "private clubs" as a conditional use. Subject to approval ofthis text amendment, it is the intention of the applicant to fain approval of a conditional use permit for a private club at the Gateway Building. This club would be established to ut%lize the excess parking spaces within the Gateway Building. Refer to the attached CUP application for additional infon~lation on this club. "Private clubs" are currently listed as conditional uses in the following zone districts; Residential Cluster, Low Density Multiple~Farnily, Medium Density Multiple-Family, High Density Multiple-Family, Public Accommodation, and S]<i Base Recreation. Examples of private clubs its Vail include the Va] Athletic Club, the Cascade Club, the Passport Club and the Vail Village Club {now cl©sed). T11e Passport Club at Golden Peak is a recent example where the Town approved a conditional use permit for a private parkinb club that was defined as a "private club". Allowing for "private clubs" as a conditional use provides the Town with the ability 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 propez~ty. Tliis 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 wii11 permitted and conditional uses in the CSC zone district and appropriate for those specific properties currently designated as CSC. Fail Gateway Eiuilding, Vait, Colgrado Page l3 Braun Associates, Inc. V. Conditional Ilse Permit -Private Parking Cluh 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- sitc parking is significantly reduced. The following. table summarizes uses contemplated for the building and the resulting parking requirement: Use Sa, Ft./Units Ratio Parking Reauired Office (1) 12,573 2.7 spaces/1,Q00 34 Parking Club 24n (3) f} 0 residential 8 2lunit (2) 16 Sp (!) It is assurnecl that alI 13, tSOD square feet caf crrrnrnerciaf space i.s utifizcd as office. 7'lre proposed CSC inning ~,~~ill ala•u rdlo~~ for retcriT aw.d restaurarrt uses 7vftlrin th{s space. If suck uses nccur; arw increase in required parking wifl reduce the nurrrber• crfspuces avcrtlahle frJr• tlseparking club. (?J Tnwrr code recfuires 1.4 spaces per' dwelling unit, hrrx~ever• esistirrg deelaratirrns designate ~ spaces per' unit. (31 The Parking Club s•q. ft. could be increased without increasing the. need fnr parking nn the site. As proposed, 39 "excess" spaces will result on the property. The proposed parking. club will zi~ake these spaces available for use, thereby relieving some pressure on the Town's parking.. structures. The parking club would have tl~e following features: ^ Utilization of up to 39 parking spaces, ^ A small club facility that would provide a lounge area, restrooms, chazlgzng room, Storage, etC. ^ Valet service, which among other things will allow for very efficient use of previously approved "tandem spaces" ^ Parking spaces maybe 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 structure. Provisions existing within the Town's code could allow for these excess spaces to be leased, This conditional use pei-rz~zit 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 ~nrith specific review criteria. If Vail Gateway Buiidie7g, Vai), Coloeado Cage 14 Braun Asscreiat4s, ]nc. tl-1e review criteria are met by the PEC, the use is deemed compatible al~~i approved. Tl1e fallowing are the revlew criteria for a ccanditiolaal vse pen~~it: A. Relationship and impact of the use vn developrrnent objectives of the Town. Response: The pr•opo:sed private parking club is consistent ~ritla Town objectives to provide a high level of ser~~ice tv guests grad to aaaaxiraaize tlae use of pr°ivate parking. Tlris use is expected to lessen dematads an floe Towra "s existing parking facilities. B. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parrs and recreation facilities, and other public facilities and public facilities needs. Response: The proposed parking club will hove no adverse impacts oaa these factors. Tlae parking club is expected to les.seaa deratands on floe Tc~~-~~aa :s parking facilities. C. Effect upon traffic, with particular reference to congestion, automatirre and pedestrian safety and con~renience, traffic lio«~ and control, access, nnaneuverability, and removal of snow from the streets and parking area. Response: Tlae parking club will generate truffic to the site, however it is utaticipated that at full utilization, each parking space will generate only one in-bound and one out-bound trip each dcry_ ,~'ven with parking club truffic., the overall rnix of uses proposed for the property will result in a reduction of vehicle trips to the property. This is primarily dzte 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: T1ae proposal does not change the bulk and mass of the existing building and therefore bets no impact ora this criterion. Vail G~nc~vay B~aiiding, Wail, Colorado Page 15 Braun Associates, Ire. VL Conditional lise Permit -Residential Uses A conditional use permit is necessary to allova for the existing and proposed residential uses on t11e property, The residential uses Dave been in place on the property i`or the last 11 years. Twv 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 recognises this area as "mixed rase", appropriate for a mixture of retail, office and residential uses.. The followi~xg are the review criteria for a conditional use permit: A. Relationship and impact of the use on development objectitires of the Town. Response: Tdre prroposed residential d~~~elling units are corrsisterzt with To7vrr otljectives and master plans. The Vail Village Master Plan desigrrates this site as "rraixed-use ", The proposed derasih~ of dwelling units proposed is less than tlrcrt originally approtiped for the site vy ADD ~2f (1? units were originally approved„ eight areproposed~. B. Effect of the use on light and air, distribution of population, transportation f'acilit'ies, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Response; The proposed residential dwellirg adnits will hay-e little, if arty, impact ors 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 wilt ha~~e little to rro affect on these factors. T1te overall proposed mix of uses on the property will reduce dze number of `vehicle trips to the pr'opert}~. This is primarily due to the reduction in tlae 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 rant change the bulk and mass of the existing building and therefore does not hove art itrapact on this criterion. 'Vail Gatc~lay Buildi~7~„ Vail, Colorado E3a~e 16 Braun Associates, lnc. ~° ~ ~, ~ n ~ .o ~ ~ ~, ~~ G ~ c] ~ ~ ~ ~ '~ t°~ ~ ~~ ~ ~ ~ u " a ~ ri „ 9 ~ ~ U „ G ~ ~ o ~ F G ~. <1' n_ ~ C'- 5 cY ~ *r~ ~ u N i 6' ~ ~ ~ 6 r ~ N ~ cd ~ ~ © Mry ~ ~~ ~ M ~ I ~ O ~ N r.. '~~„ ~ G ~ ~ ~ ~ _ .~ W ['h ~~ '~ [/' "~, e.^ ~ pq O ~, .p d vE ~ t+~ M G C ~ ~ ~ T ~ ~ O ~ / v+ n3 F o N +~ rn r! cn w. d C , . G~1' .~ ;n ~ a \o°. ,E'r'g ~ r: ~,r+~ ~ J Ott Gp C r~ r w ~ n raj ~~J N fry i V ~3 %el '~ ~ ~ `^ a o ~, a ~ N ~' ~ o tjj •n ~ ~ ~ ~ ~ r~ ~ ro ~ ~~n U'` v s ,y ..r, Q. Cs• U ~ ~ ~+ A ~-- ~ ~ a ~ ~ ~ ~ ' o ~ ,may G~ ~ ar tj °+~-~ N ct? ~ ~ ~. ~' ACS ~ H [> ',~ J .n =y ~ ~'' d ~ m' 6y t ~ O as cd n ~.+ ^ ~Q 65 ~ ~ ~ C 1 7+ ~, c ~ = .~ '~ W "U f ~7 U1 ~J AF 12-7E-1: PURPQSE: The Cammercial Service Center District is intended to provide sites for general shopping and comzxaercial facilities serving the Tawn, 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 far pea~raaitted coann~aercial uses. (Ord. 1(1973} ~ l a.l Cl[}} 12-7E-2: REQUIREMENTS F4R ESTABLISHMENT; DEVELOPMENT PLAN: A. Review Required: Prior to the establishment of any Cammercial 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 Environxxaental Commission for review, and the Plaalnii~g And Environmental Commission shall submit its Endings and recommendations on the plan to the Town Council. B. flan 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. Plan To Be Guide: The development plan shall be used as a guide for the subsequent development of sites and the design and locatiaa~a of buildings and grounds within the District. All plans subsequently approved by the Design Review Board in accordance with C;1•rapt~;r 1 1 • of this Title shall substantially conform with the development plan adopted by the Town Council. (Ord. $(1973} § 10.24} 1Z-7E-3: PERM~T'TED 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. Cocktail 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 witl~aut bulk cleaning or dyeing. Coin-operated orself=service laundries. Small appliance repair shags, excluding furniture repair. Tailors and dressrnakcrs. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without linnit as to floor area including the following; Apparel stores. Art supply stores and gallerr`es. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. • Building materials stares 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 stares. Furniture stores. Gift stores. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. L.is~uor stores. Luggage stores. l~~lusic 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. Stationery stores. '~ • 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) ~ 10300) 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- ~ of this Article, which is not conducted entirely within a building. Bed and breakfast as further regulated by Section 12- I' 4- 18 of this Title. Brew pubs. Commercial laundry and cleaning services. Dog kenIlel. Major arcade. ivlultiple-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 IlI employee housing units (EHU) as provided in C'haapter 13 of this Title. (Ord. b{2f)00) ~ 2: Ord. 10(]998) ~~ 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) ~ b(a): Ord. I O{1975) ~ 3: Ord. x(1973) ~ ] 0.4001) • 12-7E-5: ACCESSORY USES: The fallowing accessory uses shall be permitted in the CSC District: Horne occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 ofthis Title. Minor arcade. Swimming pools, tennis courts, patios, ar 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. x(1982) § 6(b}: Ord. $(1973} ~ 10.500) 12-7E-6: LOT AREA AND SITE DIMENSIONS: The minimum lot. or site area shall be twenty thousand (20,000} square feet of buildable area, and each. site shall have a minimum frontage of one hundred feet (100"). (C)rd. 12(1978) § 3) 12-7E-7: SETSAC~S: In the CSC District, the minimum front setback shall be twenty feet (20'}, the minimum side setbacl~ shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). (ord. 50(1978) § 2) 12-7E-$: IIEIGHT: Far a flat or mansard roof, the height of buildings shall not exceed thirty fve feet (35'). For a sloping roof, the height of buildings shall not exceed thirty eight feet {38'). (C}rd. 37{19$0} § 2) 12-7E-9: DENSI T Y CONTROL: Not mare than Early (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(1'97'8) ~ 2} 12-7E-Z p: SITE COVERAGE: Site coverage shall not exceed seventy five percent (7S%) of the total site area. (Ord. 17(1991} ~1 1 1: Ord. 8 (1973) ~ 10.607) • 12-7E-i 1: 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. {Qrd. 19{1976} ~ 11A: C}rd. S{1973) ~ 10.609) 12-7E-12: PARKING AND LOADING: Off-street parking and loading shall be provided in accordance with Cshapter 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) ~ I 1 A: ord. 8 { 1473) § 10.610} 12-7E-13: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All permitted and conditional uses by Sections 12-7E-3 and 12-711-4 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 authcarized to be unenclosed by a conditional use permit and the outdoor display of goods. B. flutdaor 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 awn property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. {Ord. 34(1982} ~ 4) • },~ ~ c ~ ~~~~ H~`d'ld hdNl3t°d'9 ~~,: ~ ~ p~ U ~~--1~ V d ~ ~ ~ ~ ~ ~; y ~ ~ T c~ '^~ ~ n lye ~ ~ ~ ~_ °"" ~ U ~ ~ J '~ ~ ~ ~ ~ ~ ~ g. ~' ~ ~ ~ ~ p. ~ Lid '~ ~ ~$ _ P-' ~ h- ~ ~ J 6.L ~7 -- • ,,~ tK~ r ter, ' ~elb~ 'tt~`A 1~ Qt~47k~3~~`37LVa2t~ 1W:LC1C]~ a +~ ~s Q z O ~7 C~ ~ G t I I k I I ~ I I I I I i ~ ~ I ~ t I ~ ~ I J =si g v CY t }F i ~~ k .s. . F e9 ie_~Ls4tc psl~: ~ ~ ~r ~~ ~p 5 - h` J ~ ~~ o ~- ~. ~;~~dd >~ L~ ~F~ S gg9 aY ~ ~1~~~Y .j ~~ .'° 9 3~ S: ".~ ., ~ ? `ysei s • a ~'~ ~ ®1x021 'E'f~C*!4 1"d~-C{'4'~721 _3J~YN~J2ld Hl ' - ~ ' ~ ~ S:i ~~rf't t i n `i Gttrt , c.~ ~~Q~s ' fir, ~ '~Z'd ~~d ,E b'Nl~ l' d 0.. ~.. Z Z Q 4 ~ Q I I I ~.o. I i I ~ I I I Vii.. 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J ~ ~ w ~ -'1 +~~E b;?a o ~ ~:~ , a...A '~ _ ~ L~ J ~` ;~ ~ ~ 1 e ~~o 0 s ~a ,. E4 ' ' l . 94 of Sj i:j Q ~~3a ~; ~ iI:S W i ~~ ~. ~, r -Q. -~ ~~ ~~ ~~~- .~. ~a~~' =~ ?a ~5 'a83:is.: ~ 4E Af5 .. .~ ~' yf,' ~ :g e? 99e • li 4 T 4 Q T -- j __ .... ...,.. _. ..i i ~ ~ _ ., -. ~: , x ~ 'k i'' ` L ~j ORI3INANCE NO. 9 ~ J Series of 1988 ~-~~' ~ ~~ AN OI2DI2dANCC REZC3NgfG A PA1xI' OF I17P N ATID A .rvrulON OF ILYr O, 13LLx~{ 5D, VAIL VILLIsGE FIPST FILING FRCS HF]1Vy SFSc'LJTCE DISTRICT" TO C~'~,c:rc~, Ai. GL~F2E I T~Y+'D ~ABLISFIZNG SE'ECIAL DEV~ASL3JP DISTRICT' NCR+~II2 21 FQR A PAFZP OF IL7r N, AtSD A n~~'xON OF IL1P O, Bl7lJC1{ 5D VAIL VILLAGE r I K.>1 FrrTax: TN AOOOI7.DTsNCE Y7I'Y'fi Q-]AL"I~Et 18.4[7 OF '1T~ VAIL MUNICIPAL Q3DE AND S~li.udG rutu~{ DEPAII,S IN RFx~1L2D Tht:ttcly. WFS, chapter 18.40 of the Vail Municipal code authorizes Special Deve2„t.,.~,,;. Districts within the Town in order to enex~u-age flexibility in the Bevel r.~~..,t of land; aryl ~TERF.AS, application has been made for Special Devel.~~.~~~,t f~istrict aNY~~,~al for certain paar~els of ,~~.,~_rty witt~5~ the ~bwn knvan as a part of Lat N, arxl a partian Df Iaat D, Block 5D, Vail Village First FilirxJ to be knom as Special Deue1~~~~...L District No. 21, s...,~r~~~nly refert~ed to as the Vail Gateway; and ~, application has further been made to rezone a part of lot N, and a portion of lot O, Hlock 5D, Vail V],],lage First Filing from fteavy Service District to Commiercial Core I Distsict in order to allow for the rarx7e of uses and • activities yk~~erl for SDD No. 21; aril [?PAS, in ac-ordance with Section 18.66.140, the Planning and Arai,..,..,.=,ntal COQSIIi5iS51DrY had a public hearing on the ~~~~ zoning ar~..:.~~,t alk~ the r...~.,..~ed SDD, and. has submitted its ,, a..ws.~tindatcm to the Town Council; an3 ~F.dLS, all notices as rec~,i*~ by Section 1.6.6G.080 have been sent to the arrc N,~iate parties; and ~~~`=~G, the 1'c~wn Cauracil has held a public hearirg as r~u.i.zed by C'hapir;- 18.66 of the rm~^;cipal Code of the 1tHm of Vail. NfXd, ~d<r rtucE, !3E IT ORIlAINED HY 'THF `It741N COCJNCTL OF THE TOS~1N of VAIL, O]IDRADO, ': Section 1. 'ihe Town Cexsncil finds that the p~,..,~.lUres for a zoning amerdmflnt as set forth. in C3~apter 18.66 of the Municipal Code of the Tchm of Vail have been fully satisfied, and all other requi~=,.~.:s of the Niunieipal oade of the Tewn relatirxl to zorvtx7 amC....L.~...:s have been fully satisfied,. ScCti;;n ~. ~t3e Ta„Pn Council h~..~:,y rezones the: Yi..~~y mare particularly de_ccribed in k5hik>it A, attached hereto, fx~m Heavy Service District to ,,..,,,r„~scial Core I. r • • • &ectian ~. the TCran Council finds that all the Y. des set forth far Special Deve1.~.°~„"t Districts in Criapter Y8.40 of the Municipal Crde•of the To4m of Vail have been fully satisfied. Section 4. The Town Council finds that the devel.~,...~..:. plan far Special Deve3,~„~,~ pistrict N~:s. 21 meets each of the stan3ard_s set forth in 5echian 18,40.080 of the Municipal Code of the Town of Vail or demonstrates that either one or more of them i.s not applicable, ar that a practical solution consistent with the public intr.,.~,~ has been achieved. In a...,.~dance with Section 18.40.040, the develapmerst plan far °~ Special Devel..r..,L..t District No. 21 is ayy~~~ed arnd Special Devel„t,...~.;. District ., r No. 21 is h~~, a ved for the l described in Exhibit A. Tire devel ' '~ 3' Ny=v y~ ru ~° opsr~erlt plan is .....,Y..~ised with those plains suknnitted by E~ff Arnold, Ned GWa°.,wwy, Architect, PC, and consists of the following docs...K..'s: 24x 1. Sites plan, dated Marctr 28, 1488 '~~;':°~.-. ~:~;,~,:~ 2. F'laor Plans dated March 28, 1988 ~ - 3. Elevations dated March 28, 1988 4. r~~~'~pe Plan dated Mardi 28, 1988 - -„ ~F:~c 5. Sp=^; ~i Develtir...`.,:. District Application and E7rvi~,...,,.:.nta1 Ir,~ct R~y".1. ;z. a5 yicyared by Feter 3ar11ar A6°^^late5, IrYC., dated .7anUdr,~+ 1988, arld reVL4ed 'q March 9, 198$ ::. a Section 5. 'F The cievelapment rtanda~--'-- for Special Development District Na. 21 are ayr~ aed .~ "~ by the Than Council as a part of the aZJy..+../ed Bevel ~.~,4 plan as follows: A. Setbacks ~ ~. . f.,~ Setbacks shall be as indicated an the site plan set forth in Section 4 of „~;,„~`;,r" 4 of this Drdinanc~. this Clxdinancae. B. Hei t >=n+; l ding heights shall be as indicated on the elevations aril roof plan set forth in Section 4 of this CrdS~v~cE. C. Cxn~..~.,8 Site ccn....~ay2 shall be as indicated on the site plan set forth irr Sectic +.`~' •~l: -2- r D. Land .aping ~ - ~ 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 fox final approval. E, Parkinrr Parking demands of this development shall be met in accordance with the developer's proposal to provide 9~ parY.ing spaces. F. Density The density allowed in S.D.D. NO. 21 shall be 12 dwelling units consisting of not mare than a total of 13,OQ© 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 Na. 21 are uses permitted by right, conditional uses ar accessory uses in the Commercial Core Y zone district. The permitted uses in the special development district shall be the same as those uses permitted in the commercial Core T 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 Commeroial Care I zone district. section 7. Following are conditions of approval for Special Development District zl: 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. z1 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 'l'awn 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 Nvvc:mber 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- ~~ • Section 8. dents to the apprnveci develogr~ent plan which do not charge its substance may be a~.~..aed by the Plannrr.~ and Ernri.~v,a,.~ntal Canunission at a regularly sch~ ~~ ed public hearing in au.,.,~.~~ce with the pravisivrs of Section 1B . 66. D60. Amerrl~nents which do cksarr~e the substance of the devcl.,~,.~,t plan, strap be a~.~.,~ed in a..-r..~."~~ With Secticans 18.66.11D through 18.66.1GD. Zhe OGCtu~uZity Devel,~~,.,,,;. ~s .-t-„,~nt shall be solely ~~~.~,sibie for determisurr~ what eool;,titutes a change in the substalx~e of the devel.,t.,~.t plan. An application for a ame~nsrt to this Special Developm~t District which charrles the substance of the devel..r,c,.t glan shall cusgaly with the rerniir~„~c..'.S of sectifln 18,40.030 except that the Gcmm~nnity Devel..t..~...t Dapa..:.,.:r.;. shall determine which r~ r,=..:-y in the Special Develo~sretit District is being directly affected by such ~,.~.:m_t,t arxl the consent of only tht~e ow.,.~~ of said r...~,Gxty shall be requited to be included in the application. Section 9. If any part, see-lien, subsection, sentencee, clau::~e of phr~,e of this oz~Litzance is for any reason h€1d to be invalid, such decision stroll not affect the validity of the r°"'~"u-r~g portions of taus ar~;r~r,r-b; arKi the Tbwn C~eanci.l hex-efu}r declares it would have passed this ordinance, and each part, section, subsection, sent ice, clause or thereof, regardless of the fact that arty o»€: or more parts, sections, subsections, sentences, clausf..s or phrases l.e declared invalid. section 1D. 'The 7Yxm Cwrticil hereby finds, det~rmin~ss and declares that this Ordinance is necessary arrl pxro~~ for the health, safety and welfare of the ~brrs of Vail and the inhabitants thereof. Section li. 'The repeal or the repeal and roeractnw~tit of any provisions of Vail Municipal ~C~de as provided in this ordinance. shall not affect any right whidi has accrued, arty duty , any violation that oxutzed prior tp the effective date hereof, any prtion i.,~....:.nceit, rar any other action or p*~-~~; r~ as ,r.a,«,~ncerl urxier or by virtue of the provision rppealed or repealed and reP_nacted. Zl~e repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or super~.~edod unless e„~,~tsiy stated heztin. • i 4,: .. ~: ~~ . ~ _ M1~ 71+~lsuru}~r R£AP A21D P1L55ID OM r~1 F2T~I)~1G 'IfQS 5th day pf April r 1488, arXi a p.~lic hearirx3 sttiall be held an this orduzance on the 5th day of April 1988 at 7: ]q p.m. in the Council Qku,:.~.,.s of the Vail Municipal ~l~r Vail, Colorado. Ordered published 3l1 full this 5th ~y of . April , 1988. . ~~~ ` ~,,,~`,,.~ ,I ,. Kent R. Ram:, N.ayor •f ..R.'lr~t: ?+~rr:~ a R;.. 33ryer, Dean elerx ~~„i~,~~~ ~~~~ ~~ ~~tx.~cm, READ Arm A,~x:w~ ox s~m,~ ~Annac rr~m v~r:wf•n I~TBLISI~D in full this 14th day of April _. 1988. y~,nrlo mrN~ri ~~~ :i ~~ '~'.:4~~ . Pat L],~i„F~~'~TM3'~yer, 1~ clerk Kent R. Rose, Mayor J Series of 149C AN ORDINANCE PRQVIDING FQR THE MAJQR AMENDMENT OF SPECIAL bEVELOPMENT DISTRICT NO. 21, VAIL GATEWAY, AMENDING AN APPROVED DEVELOPMENT PLAN FOR 5PECIAL DEVELOPMENT DISTRICT NO. 21 IN ACCORDANCE WITH CHAPTER 18.401JF THE QF THE VAIL MUNICIPAL CObE; LOCATED AT 12 VAtL ROADfA PORTION QF LOT N, AND A PORTIQN OF LOT O, BLOCK 5D, VAIL VILLAGE iST FILING, AND SETTING FQRTH DETAILS IN REGARD TI-iERETQ. WHEREAS, Chapter 18.4.0 ai the Vail Municipal Gode authorizes SpeCiai 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 Couneil on 2nd Reading of Qrdinance Na. 9, Series 1988. WHEREAS,. the developer and applicant, Vail Apartments, Inc., has submitted an application for a major Special Development District amendment fior a certain parcel ofi property within the Tawn, known as the Vail Gateway Building, and as Special Development District No. 21; and WHEt3EAS, in accordance with Section 18.66.i4fl, the Planning and Environmental Commission, an Augusl 26, t996, held a public hearing on the major amendment of an SDD and has submilted its recommendation of approval to the Town Couneil; and WHEREAS, all notices as required by Section t8.6t`i.l]8Q of the Vail Municipal Code, have been sent to the appropriate parties; and WHEREAS, the major amendment to the approved development plan has been reviewed pursuant to Section 18.4fJ.144 of the Tawn oi'Jail Municipal C9de; and WHEREAS, the Tawn Council has held a public hearing as required by Chapter 18.66 of the Muricipal Code of the Town of Vail; and WHEREAS, the Town Council considers that it is reasonable, appropriate and heneficial to the Town and its Citizens, inhabitants and visitors to amend the originally approved Special Development District No. 21. NOW, THEREFORE, BE IT ORDAINED SY THE TOWN GOUNCIL OF THE TOWN OF VAIL, COLORADO, TWAT;. 5ertion 1. Amenctmpnt rtrocpdrarps fulfilled. Planninn and Env-:ronmenia9 Commission Aeoort. The review procedures prescribed in Chapter 18-44 of the Vail Municipal Code have been fulfilled and the Town Council has received the report of the Planning and Environmental Gommission recommending approval of the proposed amendment to tha development plan for OrainancE Nc. 17., Series of 1~J? Special Development District No. 21. Section 2. Special Development District No. 21 and the amended development plan therefore, are hereby approued for the redevelopment for the expansion pf Gross Residential Floor Area'rn 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 wit! be harmonious with the general character of the Town of Vail. The development is regarded as complimentary to the Town by the Town Gauncil and meets the Design Standards as set forth in Section 1x.40 of the Municipal Gade. As stated in the staff memorandum dated August 28, 1996, the major SDD amendment request is in compliance with the goals and objectives of the Vail Comprehensive Plan, as well as the purppse section of the SDD overlay Zone Dislriol. 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 Develapmeni District No. 21 meets each of the standards set forth fn Section 18.4D.08D of the Municipal Code a# the Town of Vail. In accordance with Section 18.44.040, the amended development plan for Special Development District No. 21 is approued 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 ai the doflowing documents. 1. Site plan, dated March 28, 1988 2. Floor plans, dated March 26, 1988 and revised (partial} plans dated February 28, 1996. 3. Efeuatians dated March 2B, 1988 and revised {partial) plans dated February 28, 1996. 4. Landscape plan dated March 28, 1988 5. Special Develapmeni District application and Environmental Impact report as prepared by Peter Jamar Associates, Inc., dated January 1988, and revised March 9, 1988. Section 5. Acanroved Development Standards The deuelppmen4 standards far Special Development District No. 21 are approved by the Town Gouncii as part of the approued development plan as follows: 2 OrtllnanCe flo. 17, 59ries of 1997 • A. Setbacks -Setbacks shall be as indicated on the s'ste 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 ibis Ordinance. D. 'iRandscaping -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 shall be in accordance with the developer's prappsal to provide 95 pa:king spaces. F. Density -The density allowed in Special Development District No. 21 shall be 7 dwelling units consisting of not more than a total o! 1~,8i 5 sq. tt. of GRFA. Section 6. 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 pevelopment District shall be the same as the accessory uses listed in the Commercial Core I Zone Distrioi. 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 shall be approved in accordance with Sections f8.66.i 10 through 18.66.960. The Community Deuelapment Department shall be solely responsible for determining what constiqules a change in the substance ai the development plan. An application for an amendment to the Special Development District which changes the substance of the development plan shall comp]y with requirements of Section 18.40.030 except that the Community Deuelapment 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 8. If any part, section, subsection, sernence, clause or phrase of this ordinance is for any reason held to be invalid„ such decision shalt not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have 3 OrtlinenFC JJO. t7, Series o1 1897 passed this ordinance, and each part, section, subsection, sentence, clause ar phrase thereof, regardless of the fact that any one or more parts, sectiens, 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 duly imposed, any uiolation that occurred prior io the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repeated or repealed and reenacted. The repeat of any provision heret~y shall not reviue any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ ON FIRST READING, APPRCrVED, AND ORDERED PUBLISHED NONCE IN FULL QN FIRST READING this 17th day of September, 1996, and a public hearing shall be held on this Ordinance on the 1st day of October, 1936, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert W. Armour, Mayor ATTJ=ST: HoEly McCutcheon, Town Clerk INTROLIUCED, READ, ADAPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED (1N FULL} (BY TITLE ONLY} THIS DAY OF 7 996. ' Robert 4V. Armour, Mayor ATTEST: Holly NacCutcheon, Town Clerk • 4 Ord~nanae Na. 17. Series of 4997 • EXHIBIT A VAIL GATI<WAY BUILDING, 72 VAIL ROAD AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A PORTION OF LOT N, AND A PORTION OF LOT 0, BLOCK 5D, VAIL VILLAGE 9ST FILING. • OrtlinBrree No. 17, Series of 5997 • ~ I~A11/~ R~l~ l~ ,~r~~~~l.~~l-ESP ~1~~ PLANNING and COI^~1MUNITY DCVCLOI'MENT M~MOI~ANDUM • • To: Planning and l;nvlronmental Commisslon Town Council From: Timberline Commercial Real estate, represented ey Braun AsSOCIateS, Inc. Date: .July 20, 200 I Re: Gateway Bu+lding -Proposed Change of Uses The purpose of this memo Is to outline the applicant's perspective on the Staff"s recommendation that employee housing be provided as a condition of approval for the proposed modif,cations to the Gateway Building. We very much support the notion that development should be responsible for the mitigation of Impacts that may result from a pro~}ect and this would certainly apply to employee housing. employee housing Is a very Important Issue and we support the Town's efforts to reaume employee housing as an element of development projects. however, we strongly believe that any mltlgatlon required of a developer, particularly In the case of employee housing, must be directly related to the Impacts of a project and that the manner In which the Town evaluates and Imposes such mltlgatlon must be reasonable and consistent. A5 you evaluate the applications for the revitalization of the Gateway BuIlding, consider the fol4owing points related to the Issue of employee housing: • The town has never formally adopted by ordinance employee housing requirements. Rather, the Town has "Informally" Imposed a requirement using a methodology that 1) estimates employee generation based on the proposed uses and 2) applies a percentage to employee generation to determine number of employees to be "housed." EcJwards Village Cee~tei; Suite C-209 D 105 Edwrar-ds Village Boulevard Post Once Box 265$ Edwards, Colorado 8 1632 F'h. - 970.926.7575 Fax - 97D926,75?6 www.braunassociates,com • proposed development plans for the Gateway would eliminate approximately 4,700 square feet of commercial space, The net result with this change and other use changes being proposed Is an overall reduction In employee generation of I G.87 employees, per the town staff's memo. • The methodology being used by staff for the Gateway Building Is a drastic departure from the methodology and application of the housmg formula that has been used by staff in the past. Staff has always given the applicant a credit for the number of existing employees on the property and has applied the housing formula to the "net" Increase of employees. That credlt is not being given far the Gateway application. Recent examples of the historic use of this formula Include Vail f lazy east {2000), Vail Plaza west (2QC1 I ), Vail Valley MedicaP Center {200 ! ), VAC (2Q00), Antlers (99), Marriott (99), 01en Lyon {7fFice Budding (99), and the Austria haus (97). Attached In Exhibit A Is the language Included in the staff memo on two of these pro~}ects. Our goal is quite simple - to revitalize a very distressed property. Three main changes are proposed to accomplish this goal - allow for a wider range of uses within the building, to add two new condominium units, and to allow for a parking club. To-date, there seems to be strong support for these three changes, everyone Is In agreement than changes are necessary to turn this property around; however, placing a requirement for employee housing on the project further burdens the applicant's ability to revitalize the building and Impacts his ability move forward with the purchase and redevelopment of this property, The law requires that there be a "nexus"' or rational relationship between the Impacts of the project and the requirement for employee housing. In this case, the proposed development results In a net decrease in employee generation. We would like to think that in this case common sense would prevail - If there is no Impact, there should be na requirement for mitigation. While we support the concept of employee housing, the condition proposed by staff is inconsistent with how employee housing requirements have been implemented in the past. Vail Gateway Building. Varl, Colorado Page 2 Braun Associates, Inc. Gateway Appllcatlons Exhlblt A Excerpt from the TOV staff memo for Vall Plaza Hotel (west) approved May 2Q0 f The applicant is proposing to provide employee housing for a percentage of the "new" employees resulting from the hotel construction. The new hotel is expected to generate 93.5 "new" employees. The "new" employees are in addition to the 79 "full time equivalent" employees already working at the Chateau at Vail. The applicant is proposing to provide deed-restricted employee housing far 30% (28 beds} of the "new" employees. In order to maximize the benefit of the housing to the Town of Vail, the applicant has suggested that the housing will be available only to Vail Plaza Hotel West employees. Staff Recommended Ranae Calculations: Staff believes that the Vail Plaza Hotel West redevelopment will create a need for the housing of 97 additional "new" employees. ©f the 97 additional employees, at least 28 employees (30%) will need to be provided deed-restricted housing by the developers of the Vail Plaza I-lotel West.. Please refer to Section IX of the staff memorandum for details regarding square footages and configuration of the units. The staff recommended range is based on: 1. the type of retail and commercial use proposed in the commercial space within the Vail Plaza Hotel West; 2. the size of the Vail Plaza Hotel West lodging component; 3. the level of services and amenities proposed by the developers for the guests of the Vail Plaza Hotel West; and 4. the result of research completed by Town of Vail staff of similar hotel operations in the Vail Valley. a} RetaiilService Commercial= 1,127 sq. ft. @ (5/1000 sq. ft.} (bottom of range} b} Health ClublSpa = 13,635.x" sq. ft. @ (1.5!1000 sq. ft.) (top of range} c) RestaurantlLounge = 2,535.3 sq. ft. @ (6.5!1000 sq. ft.} (middle of range) d) Conference Center = 20,624 sq. ft. @ {1!1000 sq. ft.) (range does not vary} e} Lodging = 196 units @ {.75lunit} {middle of range) f} Multi Family {Club Units) = 15 units @ {.4/unit) {range does not vary) g) Fractional Fee Units = 40 units @ {.4lunit) (range does not vary} Total {-79 existing employees) {X 0.30 multiplier} = 5.6 = 20.$ = 16.5 = 20.6 = s7.0 = 6.a = 1s.o ~ 7z.5 = 93.5 = 28.0 new employees Excerpt from the TC)V staff memo for Vail Plaza Hotel {east:) approved 20t~0: The applicant is proposing to provide employee housing for a percentage ofi the "new" employees resulting from the hotel construction. Based upon an analysis completed by the applicant and provided to the Community Development Department, the new hotel is expected to generate 105 "new" employees. The "new" employees are in addition to the 74 employees already working full-time or part-time at the Vail Village Inn. The applicant is proposing to provide deed-restricted employee housing far 30a/o (32) of the "new" employees. Due to the unavailability of private vacant land resources within the Town limits, the applicant anticipates that all or a portion of the deed-restricted housing will be provided in an out-of-town or down-valley location. In order to maximize the benefit of the housing to the Town of Vail, the applicant has suggested that the housing will be available only to Vail Plaza Hotel employees. It is further anticipated that some form of transportation will be provided to the employees from the out-of-town or down-valley location to the hotel. Staff Recommended Rance Galculatians. The staff believes that the Vail plaza redevelopment will create a need for 125 additional employees. Of the 125 additional employees, at least 38 employees {30%} will need. to be provided deed-restricted housing by the developers of the Vail Plaza Hotel. The staff recommended range is based on: 1. the type of retail and commercial use proposed in the commercial space within the Vail Plaza Hotel; 2. the size of the Vail Plaza Hotel lodging component; the level of services and amenities proposed by the developers for the guests of the Vail Plaza Hotel; and 4. the result of research completed by Town of Vail staff of similar hotel operations in the Vail Valley. a} Retail/Service Commercial =4,D47 sq. ft. @(511000 sq. ft.) = 20.2 employees (bottom of range} b} Health Club =24,795 sq. ft. a~.{1.511400 sq. ft.} =37.2 employees {top of range} c) RestaurantlLounge =5,775 sq. ft. @{6.5l1DD0 sq. ft.} =37,5 employees (middle of range} d) Conference Center =10,368 sq. ft. @{111000 sq. ft.} X10.4 employees (range does not vary} e} Lodging = 99 units @{.75/unit} = 74.3 employees f) {middle of range} Multi Family (Club Units} lranrrP rlnPS not vary} 48 units @{.4funit} =19.2 employees existing employees) {x 0.30 multiplier) = 198.8 employees =124.8 employees = 38 "new" employees J f :~.1 J -~° J n tC '~ L. O --. U t-. 'y ~. ~ -~ 'J '~ ~ c ~, r- ~~ y .. ., r .-. ~ I ~_., 1 U I I '.a=. ~_ 4J a ~ _ ~ ~ ,~ ~ ~~, ~ v: _ U fl.J Q1 t~I} `3- :J ~ l r 2 . per,', 4J © ~ v 41 C/7 G! ~ ~ ~'- ~J L; f--1 ~ ~~ ~ ~h~~'Iili' ~ c~5 ,~ C~ ~~.~• ~ ~ wn p} ~ ~ ~ ~ ~ ~_ ~ ~ ~ ~ ~ ~ '~ I wl ~ '~ J f~ ~~ r S ~ w_ ~ 1° y 0 .,... ~ ~ ~ ~J ~ ~ ~, ..-~ ~ H ... .~ ...._ M..__ ~~d~ „ 4 '., ' ,,.t 4/ . ~• ,~ y '~ ~ '~ ~ W W ~' ~ '~" T ~ V U ~.,~ i ~ ~ ~}~.! ~1 r ~ ~ r ~q v-'-' ~-l~ `-~ 1 ~ ~ ~ ~ ~c~~~'rJ_~~ I _ ~•,~ ~``~.~ `+ ,'~, W ~ ' U ~: r. ~ ~ U r-1 v © ~ y ~ ~ ~ a~ ~~ ~ ~ ~ ~ r~ .i r_ C.1 ~ ;~ ~ cG T {.~ ..~• . `~ U .~ a,1 ~ ~ C rr ~' ~ Q ~' ~ C.+ ~ ~ ~ tL ~,u~ ~~'U~.GG L' ] W' ~..1 ! M _ .. .~,~.~ a • 4:, a h k. ~. y , C~ v r r-' r~ V 11 ~- 3 r N G-- °' 'v K= r ~ 4J ~ "~ ~ r '~ ~- Q.~ ~ ~~ ~ ~ U ~ ~ i V ~, I°'~ .~ _~ N ~ ~ _~ ~, ~fi.~ r CU '~' ~ -a-' ~ ~ ~ .y cv G c~ ~~ w ~ ^; ~ ~ ~ ~~ u .,,; ~ o~ ~ ~~ C`J C ,--+ "r ,.~~+~ s .,. i- 1 ~.j''~ i ~ y 1 a . 1~~ r - 1, ~ Q~ J ~ 11 (C V U yam., F W _ I ~i .. [, ~y f ~ r r ' T , F+~ n , W / ~ r ~~ r Q~ ~ . . .-. ~^ fl , .~ ~+ *r, ~ . ,.. :.l) fu ,~ S~-i ~ ~ r V QJ ~ 'w J ~~ n/ ~ ~ ~ ~ .~ `' ~ ~ ,~ 1 ~Illq .r,..._, 0 a Y _1 ~~ s- MEMORANDUM Td: Planning and Environmental Commission' FRJM: Department of Community Development DATE: July 23, 2001 SUBJECT: A request for a conditional use permit, to allow for commercial storage and vehicle storage in accordance with Section 12-71-5, Vaii Town Code, located at 923 South Frontage Road West I Unplatted. Applicant: Fitz & Gaylord Landscaping 1 Vail Resorts Planner: Brent Wilson I, DESCRIPTION OI° THE REQUEST The applicant's request involves the operation of two separate and distinct activities on the subject property. Fitz and Gaylord landscaping 6s requesting a conditional use permit to allow for commercial storage. Specifically, the commercial storage request involves the storage of plant materials, limited landscaping equipment, and overnight storage of 10-12 trucks on the site. Fitz & Gaylord Landscaping leases a portion of the property from Vail Associates. Vail Associates is requesting a conditional use permit to allow for the storage of vehicles on the subject property. Please refer to Section IV of this memorandum for details of the request.. __,~ The "Holy Cross Parcel"-923 South Frontage road _ ~ The subject property is currently used to store overflow vehicles from Timber Ridge, vehicles abandoned in various Vail Associates parking areas and ski area fleet vehicles not used during the "off'° season. Additionally, storage of ski racks and small. outbuildings occurs at the southwest corner of the site. I1. REVIEWING B©ARD ROLES - CON131TIONAL USE PERMIT Planning and Environmental Commission: The Planning and Environmental Commission is responsible for approval/denial of a Conditional Use Permit. The Planning and Environmental Commission is responsible far evaluating a proposal for: 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 cdngestian, automotive and pedestrian safety and convenience, traffic flaw 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_ 7. Conformance with development standards of zone district Design Review Board: The Design Review Board has no review authority on a Conditional Use Permit, but must review any accompanying Design Review Board application. 111. STAFF RECOMMENDATION Fitz & Gaylord Landscanina -Commercial Storaoe The Community Development Department recommends that the Planning and. Environmental Commission approve the applicant's request for a conditional use permit to allow for commercial storage, subject to the criteria as described in Section lV of this memo and 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. 2 ~ ~ If the Planning and Environmental Commission chooses to approve this request, staff recommends the following conditions of approval: 1, The applicant shall install a sediment fence along the western perimeter of the storage area in order to prevent erosionlsedimentation into Red Sandstone Creek and Gore Creek. 2. There shall be na storage or dumping of hazardous materials or chemicals on the site. 3. The applicant shall renew the currently expired Town of Vail business license for this operation by no later than August 1, 2001. Vail Associates -Vehicle Storage The Community Development Department recommends that the Planning and Environmental Commission appra~e the applicant's request for a conditional use permit to allow for vehicle storage, subject to the criteria as described in Section IV of this memo and the fallowing findings: That the proposed location of the use is in accordance with the purposes ofi the conditional use permit section ofi the zoning code and the purposes of the district in which the site is located. z. 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, ar 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. If the Planning and Environmental Commission chooses to approve this request, staff recommends the following conditions of approval: Pursuant to Title t 4 (Development Standards), Vail Town Code,: the applicant shall construct a landscape berm of not less than 4' in height along the western fat boundary for screening purposes, subject to design review, 2. This approval is for vehicle storage only. There shall be no vehicle repair, maintenance, service ar fueling on the site. There shall be no storage or dumping of hazardous. materials or chemicals on the site. 3. The maximum number of vehicles parked an the site shall not exceed seventy X70) at any given time. 3 .:.. ~ ~ IV. REQUIRIlD CRITERIA AND FINDINGS ~- C{)NDITIONAL USE PERMIT A. CONSIDERATION OF FACTORS; Relationship and impact of the use on the development objectives of the Town. Zoning: The subject property is zoned "Lionshead Mixed Use ~." This zoning designation allows commercial storage and vehicle storage at street level, subject to the issuance of a conditional use permit. Section t 2-1 fi-7(A)~9), Vail Town Code, sets parameters for the commercial storage of vehicles far transportation businesses. Pursuant. to this section: • All vehicles shall be adequately screened from public rights of way and adjacent properties, consisting of landscaping berms, in combination with walls and fences, where deemed necessary to reduce the deleterious effects of vehicle storage." 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 andfor residential uses. Land Use Plan: The Vail Land Use Plan places a designation of "Community Office" on this property. These areas "will affect a transition from the more intense commercial and resort uses to less intense uses outside of these areas." The proposed use is not in accord with the basic intended uses outlined under this land use designation. However, it is important to note this type of use is not prescribed in any of the land use designations outlined in the Vail Land Use Plan. Staff believes the applicant's proposal addresses a short-term community need. {given the proximity of this lot (and the adjacent VA shops site) to the ski mountain, staff believes this proposal is an adequate transitional use of the site in the immediate term. It is anticipated the site will be developed for a more permanent use in the near future. Given the conditions suggested above, staff believes the proposed uses would be compatible with the Town of Vail's established development objectives. 2. The effect of the use on Nght and air, dt'stribution of population, transportation facilities, utilities, schools, parks and recreafion facilities, and other public facilities needs. Staff believes this proposaB wiRl have minimal impact upon the above- listed facilities. 4 ~ ~ 3. Effect upon traffic with particular reference to congestion, automofive and pedestrian safety and convenience, tratflc flow and control, access, maneuverability, and removal of snow from the street and parking areas. Fitz & Gaylord Landscaping owns 12 landscaping trucks that leave the site at 7:00 a.m. and return at the end of the day at 5:30 p.m. Given the fact that customers rarely access the site, staff believes this is an acceptable amount of traffic. Vail Associates' -storage of inactive fleet vehicles is not a significant generator of traffic talfrom the site. Staffi does not believe the existing access point presents any traffic circulation problems along South Frontage Raad. There is adequate room on site for snow storage needs. 4. Effect upon the character of the area in whr'ch the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff believes the aesthetic conditions of the site need substantial improvement. Adjacent properties {Vail Professional Office Building, Eagle River Water and Sanitation District) maintain quality landscaping along their respective lot perimeters. Currently old snowmobiles, abandoned vehicles, a gasoline truck,. and assorted debris are visible along the western Eat boundary of the subject property. The following photograph shows the conditions of this portion of the site. Staff believes additional screening in the farm of a Nandscaped berm is necessary to mitigate visual impacts from adjacent properties and along South Frontage Road, Additionally, staff believes some form of basic erosion control is needed to prevent the silting of Red Sandstone Creek and Gore Creek. A sediment fence could be provided at very little cost to the applicant {Fitz and Gaylord 5 Landscaping). The following photograph depicts disturbed soil an the site i adjacent to the landscaping storage operation. s • B. FINDINGS The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: Thai the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning node 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 ar 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 previsions of the conditional use permit section of the zoning cede. • 6 MEMORANDUM TO: Planning and Environmental Commission FF3OM: Department of Community Development DATE: July 23, 2001 SUBJECT: A request for a recommendation to the Town Council to amend Sections 12-7H- 3C, 12-7H-413, 12-71-3C, and 12-71-4B, Vail Town Cade, to allow for commercial ski storage as a conditional use on the first and second floors of buildings in the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts, and to amend Section 12-2-2, Vail Town Code to add a definition of "pedestrian way." Applicant: Town of Vail Planner; Allison Ochs I. BACKGROUND OF THE REQUEST The Town of Vail has recognized a need to re-visit the issue of commercial ski storage within certain commercial zone districts within the Town of Vail. This discussion resulted from a recent application regarding commercial ski storage in Lionshead and the difficulty at the staff level in establishing locations as first level ar basement level. !n 1989, the zoning code was amended to allow commercial ski storage as a permitted use only in the basement and garden level of buildings in CCI and CCII. At that time, there were several existing ski storage facilities located in basements that had been approved by the Town of Vail as an accessory use to an existing ski shop. Prior to 1989, the Town Code did not specifically deal with commercial ski storage as a separate use, instead, it was considered a personal service. In 1997, an application was submitted to the Town of Vail by Vail Associates to permit outdoor commercial ski storage in the Commercial Core I and Commercial Core 11 zone districts. Originally, the application included amending CCI and CCII to allow for commercial ski storage on all levels of a building. However, the Planning and Environmental Commission did not look upon this favorably, and that portion of the proposal was removed. The Planning and Environmenta! Commission voted 4 to 2 in favor of allowing outdoor commercial ski storage in the CCI and CCII zone district. However, the ordinance failed at the Town Council level, and no amendments were made to the zoning code regarding commercial ski storage. The Town Council has asked the staff to pursue an ordinance which would allow commercial ski storage at additional locations in Lionshead. Ku II. RQI~ES OF THE REVIEWING BQARQS Planning and Environmental Commission: Action: The PEC is advisory to the Town Council. The PEC shall review the proposal for and make a recommendation to the Town Council on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. Staff; The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides analyses and recommendations to the PEC and Town Council on any text proposal. Town Council: Action: The Town Counci! is responsible far final approval/denial an code amendments. The Town Council shall review and approve the proposal based an the compatibility of the proposed text changes for consistenoy with the Vail Comprehensive Plans and impact on the general welfare of the community. III. STAFF RECOMMENDATION Staff recommends that the Planning and Environmental Commission forward a recommendation of approval to the Town Council regarding the Town Code text amendments as outline in Section V of the staff memorandum with 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. IV, CURRENT REGl1LATIONS Section 12-2-2 of the Tawn Code defines "commercial ski storage" as: Storage far equipment (skis, snowboards, boots and poles) and/or clothing used in skiing-related sports, which is available to the public ar members, operated by a business, club or government organization, and where a fee is charged fvr hourly, daily, monthly, seasonal or annual usage. Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged, is not considered commercial ski storage. Commercial ski storage is listed as a permitted use at the basement or garden level in the Commercial Core I, Commercial Core ll, Lionshead Mixed Use 1, and Lionshead Mixed Use II. "Basement or garden level" is defined by the zoning code as: 2 The 'basement" or "garden level" shall be defined as that floor of a buildin fhat 9' is entirely or substantiaNy below grade. The Uniform Building Code defines a "basement" as: Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classitr"ed as a basement Unless such floor level qualifies as a first story as defined herein. The Uniform Building Code defines "first story" as: The lowest story in a building that qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than 4 feet below grade, as defined herein, for more than 50 percent of the total perimeter, or not more than 8 feet below grade, as defined herein, at any point. Recently, staff denied an application to locate commercial ski storage within Banner Sports. Staff identified the location as "first floor" which is defined by the Town Code as: The "first floor" or "street level" shall be defined as that floor of the building that is focafed at grade or street level along a pedestrianway. In response to that staff decision, the Tawn Council requested that staff review this policy, and bring forth an amendment to the Town Code, specifically with regards to commercial ski storage in Lionshead. Staff has identified the following statements in the Lionshead Redevelopment Master Plan which apfaly to this request. According to the Lionshead Redevelopment Master Plan: 1.2 The Pedestrian ~'nvironment. The defining characteristic of Lionshead is its pedestrian environment, and the emphasr`s of the master plan is to improve its quality as a generator of activity. Pedestrian connections are intended to be the underlying framework of the physical plan. 7wa prr`mary pedestrian corridors are proposed to provide for a cohesive, consistent, well defined pedestrian and retail environment serving both the destination guest and the local community. 4.5.1 Renewal and Redevelopment. Lionshead can and should be renewed and redeveloped to become a warmer, mere vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and _ an improved aesthetic character. 4,5.2 Vitality and Amenities. We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 3 8.3.3 Renewed and expanded retail frontage. Far properties fronting the Lionshead retail mall and retail pedestrian streets, the renovation and expansion of the ground floor retail level is perhaps the most critical element in revitalizing the Lionshead retail core- 5.8.5 Retail Space Allocation. A primary goat of the Lionshead Master plan is to increase both the amount and the quality of retail space in the pedestrian core. The sunny south-facing sides of buildings (for example, at the Lifthouse Lodge and the creek side of the VA core site) are ideal for restaurants. The shadier north-facing sides are more appropriate for retail uses that da not benefit as much from a direct relationship with the outdoors. Use of ground floor commercial space for offices is not recommended an the primary pedestrian mall; these businesses should be located instead on the second story or outside the main pedestrian corridor. In August of 1997, the Town of Vail completed the VaN Retail Market Study, prepared by Design Workshop, Inc., as a component of the Lionshead Redevelopment Master Plan. That document, part of the Appendices of the Lionshead Redevelopment Master Plan, has been attached for reference. Staff has also identified the following goals and objectives from the Vail Land Use Plan. Staff believes that the following apply to this proposal: 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its rate as a destination resort white accommodating day skiers. 2.2 The ski area owner, the business community and the Town leaders should work together closely fa make existing facilities and the Tawn function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.5 The community should improve non-skier recreational options to improve year-round tourism. 3.0 Commercial 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 4.0 Urllage Core / Llanshead 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. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, smafl town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 4.4 The connection between the Village Gore and [~ianshead should be enhanced through: a) lnsfallation of a new type of people mover. b) Improving the pedestrian system with a creatively designed connection orienfed toward a nature walk, alpine garden, and/or sculpture plaza. c) New development should be controlled fo limit commercial uses. Staff has researched how other communities address commercial ski storage. Of the communities contacted (Breckenridge, Park City, Aspen), none of the communities treat commercial ski storage as a separate use. Therefore, there is no specific regulation regarding its location. In addition, because of proximity to a mountain, it is not necessary to regulate ski storage in some communities. Aspen has regulations pertaining to outdoor ski storage, which have been attached for reference. V. PR©POSED AMENDMENTS The Town Council, staff, and applicants have recognized that ski storage enhances the guest experience. By having the ability to store ski equipment, the guest is able to more freely experience the Town after skiing, providing benefits to the retail establishments, restaurants, and the Town in general. However, these benefits must also be weighed against the importance of a vibrant retail pedestrian corridor through dynamic retail storefronts. Input from the Planning and Environmental Commission and Town Council has indicated that ski storage should be allowed as a conditional use with specific limitations on the area devoted to commercial ski storage. Below are the proposed changes to Lionshead Mixed Use 1 and Lionshead Mixed Use 2: 12-7H~3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: C. Conditional Uses Commercial Ski Storage, not to exceed 15% of net floor area or 500 sq. ft., of a commercial unit. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: B. Conditional Uses Commercial Ski Storage, not to exceed 15% of net floor area or 500 sq. ft., of a commercial unit. 12-?I-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: C. Conditional Uses Commercial Ski Storage, not to exceed 1 ~% of net floor area or 500 sq. ft., of a commercial unit. 12-71-4; PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: D. Conditional Uses Commercial Ski Storage, not to exceed 15%° of net floor area or 500 sq. ft., of a commercial unit. In addition, staff believes that a definition of "pedestrian way" should be added to the Town Code to clarify the descriptions of first floor or street Ievel. The current definition of "`first floor or street level" states: The "first floor" or "street level" shall 6e defined as that floor of the building that is located at grade or street level along a pedestrianway. Staff is proposing a definition of "pedestrian way" as follows: P,EDESTRIANWAY: The area at ground level between or around ,buildings or structures used for pedestrian circulation, including but not limited to sidewalks, walkways, malls, stairways, public plazas, recreation paths, public spaces, and public right-of-way. In addition„ staff believes that it is appropriate to add commercial ski storage t© Section 12-16-7: Use Specific Criteria and Standards, which would add specific criteria in the review of a conditional use permit for commercial ski storage. Staff recommends the following amendment: 12-16-7A. Uses and Criteria l f. Commercial Ski Storage: a. Skr` storage and all associated activities shall take place entirely within a building. b. Ski storage and all associated activities shall not be visible from any pedestrianway, public way, street, walkway, or mall. c. That the retail character of the space is maintained and that commercial ski storage cannot dominate a storefront. Vl. COUNCIL DIRECTION On July 17, 2001, the Town Council provided staff with input regarding commercial ski storage in Lionshead. While roost of Council. members agreed that Commercial Ski Storage is an acceptable conditional use on the first and second floor of buildings in Lionshead, they generally did not believe that it was necessary to cap the maximum amount of floor area which could be devoted to such use. Some members believed that the use should not be subject to a conditional use permit and should be a "use by right." • w One member suggested that commercial ski storage be regulated as an accessory use and allowed with a limited amount of square footage. Specifically, the Town Council provided the following thoughts on commercial ski storage: Kevin Foley: believes that the definitions needs clarification. He stated that the Town should consider outdoor ski storage, with restrictions similar to Aspen's requirements. He stated that he doesn't like ski storage on the first floor. Greg Moffett believes that horizontal zoning has failed in Lionshead. He stated that market forces should determine the highest and best use. He believes that commercial ski storage should be a conditional use, but with no caps on square footage of the use. He also stated that it was acceptable to have different regulations in the Village and Lionshead. Sybill Navas: believes that the Town should have uniform regulations with the Village and Lionsheaed. She stated that commercial ski storage should be a conditional or accessory use on any floor. She also stated that outdoor ski storage would be acceptable. Rod Slifer: believes that it is necessary to clarify the definitions, He Stated that Lionshead is struggling and the Town needs to accommodate the guest. He stated that allowing it on the first flo+ar as a conditional use is acceptable. He further stated that he would like input from the Planning and Environmental Commission. Diana Donovan: believes that it is unfair to treat Lionshead different from the Village. She believes that commercial ski storage should be treated as an accessory use with a limited portion of floor area. She also stated that it is necessary to clarify the definitions. She further stated that commercial ski storage is best in the basement or garden level or on the second floor or above. Chuck Qgilby: believes that a conditional use permit system which would be uniform is acceptable for commercial ski storage on the first floor. He stated that he agreed with Galen's ideas. Ludwig Kurz: absent. 7 ME,~OR'ANDUM T0: Planning and Environmental Commission FFIQM: Community Development Department DAT1=: ,fuly 23, 2a(}1 SUBJECT: A review of the proposed Arts in Public Places Strategic Plan. Applicant: Arts in Public Places Board, represented by Braun Associates, Inc. Planner: Ann Kjerulf I. SUMMARY The purpose of this worksession is to allow the Arts in Public Places Board to present their proposed strategic plan. The plan is primarily aimed at providing a mechanism for integrating art into public projects and the impetus for a dynamic public art program. The plan is not intended to be a regulatory document. However, it is intended to provide recommended actions that may lead to regulatory changes in the AIPP and deveiopment review processes. Although part of its original request, the AIPP Board is not requesting a formal recommendation from the Planning and Environmental Commission to the Town Council at this time. Instead, the AIPP Board is seeking input from the Planning and Environmental Commission regarding the content of the proposed strategic plan, recognizing that the PEC will be an integral part of a possible future master plan development process. A copy of the proposed Arts in Public 'Places Strategic Plan is attached for reference. II. STAFF RECOMMENDATION As this is a worksessian, staff is not making a recommendation. Should any form of final review become necessary in the future, the staff will' forward a recommendation at that time. 1 ,~ ,~ T(~W.~I~ e?~ YflfL Ilt. DISCUSSION ISSUES A. Requirements far Public Art Three of the five recommended actions listed on page 2 refer to private development and redevelopment projects. The fifth. recommended action is: "Enforce existing zoning Regulations that may require developers to provide streetscape and public art as mitigation for development impacts and develop new regulations that may require public art an private projects" Staff Response. For clarification, there are currently three zone districts that have requirements for mitigating development impacts. These are the Public Accommodation (PA}, Lionshead Mixed Use 1 (LMU-t ), and Lionshead Mixed Use 2 (LMU-2} districts. Sections i2-7A-14, 12-7f~'-18, and 12-7i-18 each. state: "Property owners/developers shelf also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shat! bear a reasanabie relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shah be balanced with the coals of redevebpment and wiN be determined 6v the Planning and Environmental ~Gammission in review of development prajects and conditional use permits. Substantial off-site impacts may include. but are not limited to. the fallowing: deed restricted employee housing. roadway improvements. pedestrian walkway imorovements, sfreetscape improvements. stream tracUbank restoration. loadincr/delivery. public art improvements. and similar improvements. The intent of dais Section is to only require mitigation far large scale redevelopment/ development projects which produce substantial off site impacts." As it is written in the Town Code, the mitigation of development impacts may only be applied to large-scale redevelapmenUdevelopment projects that produce substantial off- site impacts on public infrastructure. Streetscape improvements and public art improvements may be considered substantial off-site impacts. However, it is at the discretion of the Planning and l=nvironmental Commission to determine the off-site impacts of large scale prajects. if "site-integrated art' ar `Percent for Art' were to be required in private develvpmenUredevelvpment projects, this would require an amendment to the Town Code.. The wording in the fifth recommended action could be revised to more appropriately reflect the intention of the Town Code regarding the mitigation of development impacts. For example, the word "enforce" could be replaced with "encourage°. .] 2 B. Private Development Protects The AIPP Strategic Plan, on pages 19 and 20, devotes a section to Private Development Projects.. This section refers to the potential for partnerships between the AIPP Board and private entities. It further states that: "the Town and the AIPP Board should encourage developers and property owners to enhance private development with public viewed art in the form of site integration.... " This document section also states that; 'the AIPP Board, working closely with citizens and the Community Development Department, may explore expanding the responsibility for public art to other commercial zone districts such as the Commercial Care f and Commercial Core 3 districts_ Additionally, the AIPP Board may pursue amending the Town's regulations to provide a clear understanding of potential public art responsibilities of large-scale development and redevelopment projects in Vail. " Staff response; Community Development staff is amenable to exploring possible code revisions that would further enhance and promote public art in the Town, recognizing that the Town Council would first have to endorse this pursuit. If supported by Council, the Planning and Environmentap • Corramission would have to be heavily involved in a code amendment process. C. Public Private Partnerships The Town of Vail Review Process for Public Projects section, on pages 23 and 24, articulates processes far Percent for Art, Unanticipated Donations, and Public and Private Partnerships. With regard to Public and Private Partnerships, it states that: "It is the responsibility of the Community Development Department, and ether Town agencies, to review and consider the impacts produced by these development and redevelopment projects. The Community Development Department should inform developers and landowners of their potential obligations to streetscape and public art improvements as properties are developed or redeveloped." The proposed process for Public and Private Partnerships also suggests that there should be representation by the AIPP Board in meetings involving private projects. "AdditionaWy, the AIPP Coordinator should continue to be informed of such applications to the Town and be afforded an opportunity to provide input on relevant issues with respect to streetscape and public art opportunities. Anofher option in the area of coordination that could help to r'mprove the development review process would be to have a representative from the AIPP Board attend meetings involving private projects where public art may • be required. " Staff Response: The first statement emphasizes the responsibility of the Community Development Department during the development review process to inform private developers of their potential obligations to provide public art andlor streetscape improvements. However, the Community Development is not solely responsible for development review. In fact, the development review process is generally shared amongst the Community Development, Pub4ic Works, and l=ire Departments. The AIPP Coordinator is employed within the Public Works Department, which should already be an active participant in the development review process. The second statement suggests that the AIPP Board should become more involved in the development review process for private development/redevelopment projects. Staff is amenable to the AIPP becoming more involved. However, it should be emphasized that, to date, there has not been an accepted protocol or guideline for incorporating public art into private development projects, This is how public art and streetscape improvement impacts differ from other development impacts including employee housing and traffic. With employee housing and traffic, staff has adopted methodologies for determining employee housing generation requirements and traffic generation resulting from proposed development. In the second statement, staff believes that the words, "may be required", need to be replaced with more appropriate wording such as, "may be encouraged"'. D. Goals & Objectives Staff Response: Staff believes that all of the stated goals and objectives are applicable with the exception of Objective 2.3: "Encourage ar require private property owners to include public art in the redevelopment of properties throughout the Town." Staff believes that the words "or require" should be eliminated from this statement. At this point in time, the Town Gode does not mandate that private property owners include public art in redevelopment projects. Furthermore, the objective is confusing given the contradiction between the meaning of the words, "encourage" and "require". • 4 • ~ ~~~I~/1~l~lf 1~. ~~~~~~,~~IES, If ~~. PLANNING and CQMMUNITY DEVELOPMENT MEMQRANOUM • r: TO: Planning and Environmental Comm~ssEOn FROfv1: Vail Art In Publlc Places Board, represented by Braun Associates, dnc. DATO=: July 23, 200 I SUI~JI=GT: Art In Public Places Strategic Plan Attached ~s a draft copy of the proposed Art In Public Places Strategic Plan. This plan has been in the development stage for the past three years and has been developed with onput from the PEC, the aRB, the Town staff, and other interested c~t~zens and advisory groups. The purpose of this plan ~s to provrde a general framework and d~rect~on for the AIPP Program, the AIPP Board, and the Town Council with respect to public art in Vail. It is not intended to be a regulatory document; however, ordinances may be developed based on the direction provided in the plan. The AIPP Board wall use this plan when deciding on what types of art pra~ects it wishes to pursue and when deciding on implementation steps to take in the future. This plan is bung pravided to you on behalf of the A9PP Beard far your review and comment. The AIPP Board would like to have as much input and support as possbble for the program and the direction it is taking. The Board believes your insights, feedback, and support are critical. While the PEC is not rewired to make a formal recommendation an the proposed plan, we would like to hear your comments and suggestions. The Town Council wall take action on the final plan. The plan i5 still in draft form. Final format, layout, and photography are still being developed and therefore we ask that you ignore these elements when reviewing the plan. Thank you in advance for your review of this plan. Edwards Vil}ale Center, Suite C-209 0105 Edwards Viliage IIoulevard Past ©ff ce Box 2658 Edwards, Colorado 8 1632 Ph. - 970.926.7575 Fax - 970.926.7576 ww~rv.braunassociates.com TOWN OF VAIL ART IN PUBLIC PLACES STRATEGIC PLAN DRAr i' f~ev~se~ J-J~y 1 ~, 2~C~ p • ~J Truly public art hinges ors public advocacy: understanding who the pub~~c art 7s and what culture means to them; critir~uing the relateonsh~ps at work between public artists, their patrons, and their audtiences; and ascertaining how culture can be created ~n a multicultural democracy. Public art has the unique potential t© encourage the public to realgze their voice-their power-in the public sphere. • ~r~ka doss S~~r~t Poles and Flv~nq Pros: PubCic Art and Cultural Democracy in American C©mmunities (I 99~) Acknow~ed gements The Art ~n Public Places Strateg:c Plan rs the result of several years of public input, creative th~nk~ng, and hard wark by the AIPP Baard and other snvolved parties.. The Vail AIPP Board would Ike to acknowledge the input and w+sdam of the failow~ng groups and indsv~duals wha helped make th7s document and its ~mplementat~on a reality.. Vail AIPP Board VaII Town Council Kathy Langenwalter Ludwig Kurz, Mayor Janathan Greene Syb~ll Navas, Mayor Pro-Tern Nancy Sweeney Dana Donavan Kyle Webb Kevin Poley Sherry Darward Greg Moffet l3arbie Christopher Chuck Og~lby Alan Kosloff Rod Slifer George Lamb Diane Golden Design Review Baard Syb71i Navas Clark Bntta~n, Chairman Btill Pierce, Vrce-Chairman Planning and Environmental Commission Bans Waldr~ch Galen Aasland, Chairman Andy Blumett~ John Schofield Charlie Acevedo Brian Doyon Dune Golden Consultants Chaz Bernhardt Dominic Maur~ella, Braun Assaciates, Doug Cahill inc. Dick Cleveland Thomas Braun, Braun Associates, Inc. Andy Dufford, Artscapes, LLC. Town Staff Sirx~on Zalkind, Public Art Advisory LeSiie Pickling, AIPP Coordinator 5ervlces Ann K~eru6f, Tawn Planner Strategic Plan Task )=Dice Nancy Sweeney Kyle Webb Jonathan Greene Kathy Langenwalter Leslie Pickling • Table of C©ntents f. EXECUTIVE SUMMARY ............................................................................... f~CDMMENDED ACTIONS .......................................................................... ...... 2 Ci. INTRODUCTION .................................................................... . ...... . ............ 3 III. OPPORTUNITIES POR PUBLIC ART IN VAIL .................................................... 6 A. SITE-INTEGRATED ART ................................................................................. ~ B. COr.~~1~510i~;ED OR ACQUIRED ART ............................................................... 18 C- TEIv4PORARY PUBLIC ART ............................................................................ I ~ D- PRIVATE D~VELOI'MENT PPCIJ~CTS ...................... . ... . .............. . ....................... 19 IV. IMPLEMENTATION ACTIVITIES ................................................................... 21 A. FUNDING M~C`1ANlSMS .....................................................................~------- 2 I B. TJWN OP VAIL R`=VI~tN PRJGES~ FOR PU6LiG PR©JEG T S .......... . ....................... . ..... ~~ V. COALS AND OBJECTIVES ........................................................................ 2C VI. RELATIONSHIP OF STRATEGIC PLAN TO TOWN PLANNING DOCUMENTS,.......... 28 VII. STRATf=GIC PLAN ADOPTION PROCESS ...................................................... 31 A. PUBLIC INPUT ......................................................................................... ~ I 8. A~oPTION ............ . ............................................................................... 3 1 C. A~VIE~dDMENTSTOTFIE PZAN ......................................................................... ~ d • • f ~ 'Executive Summary The Town of Vail Art in Pub4~c Places (AIPP} Board, in contunct~on with other Town boards, comm~ss~ons, community focus groups, and interested c~t,zens, has developed this strategic plan document to guide the Art an Public Places (AIPP) Program ~n Vaol. The strategic plan documents all of the ex~st]ng AIPP Programs such as temporary art and comm~ss~oned works of art as implemented ~n areas throughout the Town. The plan also introduces two important programs to create a pos~t~ve and progressive direction for the AIPP Program: site-integrated public art and percent for art. The Strateg}c Plan discusses the importance and process of publbclprivate collaborat~an on pr,vate development protects. Site-integrated public art is artwork that rs incorporated into our daily experience by including art elements in public infrastructure Such as paving materials, street furnrture, lampposts, and recreation facrlities. Site-~ntegrat~on of public art focuses pubic art away from simple placement of sculpture ~n public spaces to a focus on creativity weth elements of our landscape that can be functional a5 well as art~stac. The strategic plan describes in deta~i thjs program and how ~t mdght be implemented. The percent for art program is a funding solution far the AIPP Program. Currently, there is no consistent source of funding for the ~mplementatton of the AIPP Program. The AIPP Board relies upon the d~scret~on of the Town Council to provide funding for specifEc art protects. The percent for art program would ree~u~re that a percentage of the overall budget for public, capital protects, such as a streetscape improvement protect, be set aside for public art emprovemerts. These funds could eather be used directly in the proposed protect or set aside for a future protect, In this way, as public protects are developed ~n the conceptual stages., pubic art ~s considered as an element of those improvements and not something added after the fact. This program ~s further described in this document. • Art in Public daces Strategic Flan - Qraft Recommended Asti©ns ! . Implement site-integrated public art throughout the Town of Varl. 2. Adopt an 4rdrnance implementing a percent for art program an public improvement projects. 3. Implement an administrative process to ensure AIPf involvement on development and redevelopment pro~ectS throughout Vail. 4. Encourage and Strengthen relationships with private landowners and developers in order to inc©rporate artistic elements of development and redevelopment pro~}ects. 5. 1Tnforce existing Zoning Regulations that may require developers to provide street5cape and public art as mitigation for development impacts anal develop new regulations that may require public art on private pro~ect5. • • Art in {'ublic Places 5trater~ic Plan -Draft 2 II. Introduction "Vasl ~s a Town with a un~gue natural setting, internationally known for its natural beauty, alptine environment, and compatibility of manmade structures with the environment. These characteristics have caused a significant. number of visitors to come to Vail with many visitors eventually becoming permanent residents part~c,pat~ng 7n community life" (Chapter I I ,Vail Design Revsew}. The feunders of Vail rr~g~nally planed the Town with a vasion to make it memorable and strict gu~del,nes were developed to make Vail a memorable and un~c~ue community and vacation destination. Much of the success of Vail as a resort and as a community has been a direct result of this original concept. Over the years this v~s~on has manifested itself ~n Town policies and regulations used to direct growth and development. Some forty years later the Town has fully developed and ~s now undergoing a peraod of rev~tal~zation or renaissance. As bu~Ed~ngs, streets, and public plazas are reborn, Vail has the opportunity to intact new I~fe mto the everyday experience of the resident and guest by using the resources offered by the Town's Art rn Public Places Program. The Town of Va~l's Art in Publtic Places (AIPP} Program was off~c~ally adopted in 1992 to "promote and encourage the development and public awareness of fine arts." The ordnance adopting the AIPP program and establ~shsng an AIPP Board (Ordinance No. 7, 5er,es of 1992) was based on the Art in Public Places Program Policies and Guidelines adopted in July of J 989. The AIPP Board and the AIPP program were further refined in 1996 (Ordnance No. I O, Series of 1996). The 19'96 amendment establ}shed the eleven-member AIPP Board, as ~t exrsts today. The AIPP Program Policies and Guidelines describe the process and cr~ter~a to be used to evaluate potential public art pieces and projects. These Gu~del~nes also detaiE the admin~strat,on of the AIPP Board and program. The AfPP board ~s the governing body overseeing and ma~nta~ning all public art ~nstallat~ons sn the Town. The current AIPP Program focuses largely on comm~ssion~ng art pieces for specific locations within the community and providing for the placement of temporary art sculptures on loan from galler7es throughout the Town. The AIPP program has relaed upon the generosity of artists and galleries to provide temporary art and the Town Council to fund specific art protects. • • • Art in Public Place:, Strategic Flan --- Draft 3 This Strategic Flan establishes a sold d~rect~an for the AIPP Program as well as proposed funding sources far AIPP Program activities. The Strategic Ilan provides direction far the AIPP Program including site-integrated art, private development integrated art, and funding mechanisims for art, as well a5, -. ,. _n , the Program's current - _ elements. _ ._ _ ._ Many publtic art programs ~" ,~ ;~ ,~-~,~~ ~f ~ - <~~ throughout the Gauntry have ~'-~~ - • '~~ evolved from programs that '~• -, place art sculptures weth~n a ~, community to weaving public ~' ~ ~:~ _~~ ~- .~ art rota the everyday g "~ ,~, ~~~..,. ;~ --F, -- • . ~. z experience of a Gommun,ty. ~ ~ `~' ~. yam` ~' ~ ~ ~ This evolut~an reflects the idea ~ '~ e~ `. ~ that artwork and public ~ ., ~~ ~~y ~~,~:.: - r `,4; landscape da not have to be separate ideas; rather they can be developed as one integrated concept. Syte- ~ntegrated art can be as simple as: • Using creative or ynterest~ng materials and patterns ~n the paving of sidewalks, Creating unique and interesting benches, ar • Involving an artist in the design of a gate, fence, or playground equipment. • This type of public art creates lasting impressions on those who experience it and makes Vail a distinctive town. Site-integrated art does not have to be limited to public projects. The appartun~ty ex,sts to have private landowners with proposed improvements adjacent to public spaces create untique and memorable streetscape improvements, landmark features, or other opportunities to place art on private property. This strategic plan addresses consistent funding of AIPP programs through a new approach far funding art in Va71 called percent for art. This funding mechanism allows the Art In Public Places Program to establish a stable funding source by requiring the Town of Vail to dedicate a percentage of its budget far public improvement pro~}ects to art. This will allow a dedicated funding source to be available to permit Vail's public spaces and buiid~ngs to be redeveloped with attention to uniqueness and creativity; thus changeng the way the cammun,ty views capital projects. Art ~n PubVic Places Strategic Plan -Draft 4 All of the concepts developed ~n this Strategic Plan help to implement the m~ssson and vision statements of the Vayl A6PP Board: Vision: Enrich our community through public exposure to the arts. Mission: To develop artistic protects and programs that involve and educate the community and enhance its vitality. The fallowing is a definition of public art as used by this strategic plan. Public art or Art in Public Places, defined in its broadest sense, is any original creation of visual art that ~s: ^ Acquired with public monies, ^ Acquired with a combination of publ~clprivate funding, ^ Qonated or loaned to the Town's Art in Public Places Program, or ^ Privately sponsored artwork. that is located on publicly owned land. Public art may also be artwork that ~s created or on display on private property to be viewed by the genera! publ,c. Examples of public art include, but are not limited to: • Paintings of all medoa, including bath portable and permanently affixed works such as frescoes and murals; • Sculpture of any farm and in any material or combination of materials. This includes statues, monuments, fountains, arches, or other Structures intended far arnamentatian ar commemoration; + Grafts and folk artworks in clay, fiber, textiles, glass, wood, metal, m05aic5, pla5tiG5, and other materials; or • Site-integrated artwork created by landscape des~gnerS and artists which includes landscapes and earthworks, mtegrat~on of natural and man made materials, and other functional art pieces. Site-integrated works may include building features, gates, street furniture, and paving materials. Art in Public Places Strategic Plan -Draft 5 t 10th Mountain biwisiOn MernoriaV III. Opportunltkes for Public Art ~n Vall This section describes the opportun~tles for establishing public art ~n Va~l• S~te- integration, anew concept for Vall, is bung introduced and defined, Additionally, the exacting programs of the Art In Public Places Program are bung described by this document. A. Site-Integrated Art • The aesthetic character of the buylt environment ~s largely shaped by necessity. Increasingly however, visionary planners, landowners, developers, architects, government agencies, tour7sm boards, and community assoclat~ons are recognizing and seizing opportunities to enhance and redevelop the aesthetic character of public places and improvements. Artistic elements incorporated in thy: design of public spaces g~ve~ the Tawn the opportunity to create creative streetscap~~a while at the same time making the spaces functional. This strategic plan focuses the AIPP Program toward the creation of special env~ronment5. This approach, consistent woth national trends in public art, is termed site-integrated public art, which is the creation of art through common everyday public improvements. Site-integrated art ~s the process of weaving creative and artful features Into Such things as paving, sidewalks, public benches, lampposts, gates, and landscape features. For example, instead of paving a sidewalk with concrete, the Town might vary the paveng materials or pattern, colors, textures, and introduce designs in the pavement. • Art in Public Places Strategic Plan ~ Draft 5 Introduction of art en paving materials Examples of Site Integration The following ~s a broad list of places and ideas for ~ntegrat~ng public art. This list emerged from site visas, feedback from the local focus groups and meetings with town staff, the Design Review Board, the Planning and (~nv~ronmental Commission, and the Town Council. The graphics ~n this section help to descr,be the opportun~t~es for creating public art. 'uVh~le some of the photos are examples from other towns and cities throughout the country, the types of art and r~uality of art shown m these pictures could be incorporated into Vaii's built environment.. I . Pavrng The I ~9 I Town of Vail 5treetscape master Plan recognizes and addresses the importance of duality hardscape in Vail. This plan calls for a cont~nu~ty of surfaces throughout town. ~xcept~ons to this standard paving are special areas designed to prevent monotony and create accent. These accent areas are where creative designers can best contribute. The Town continually upgrades and repaves sidewalks, plaza spaces, and streets throughout the town. The introduction of art~,~c~rk jn the l?avem~nt, uce of Gf~r~cc~ t~~~>>nq m~~terials, color and ,k ~~~~.~~-~~. -;:~.• R - texture are simple :4 ~ ~~ * ~ .~. •'~~ '.~-~ ~~; ~~//` ~~.~~~ ~,1`^[~, .. wa s to create a i>~ !•{~~~'~ F ~. ~ ,{ l.'~'M .~~~~y`~a-u.,y~>..~.~ 1, y ~~,- ,µ..t '~S ~ special feeling about our environment =:xt~ ~ ~, ~ ~ ~ x,; without the vertical -,~~ `F~~ri' `' . ~ -~, space commonly r r>~} '"`~~" `~ F'TY -;r . ~~.-~,*-~` ~ `~ u~ needed for art. r :~=^k `` ' '~ ' ~' ~-~~ F~-~- _ Because the ci~mate ~~ ``~ r`~~ ~,~ - ~~°`"~ ~-~:.. - rt and snow removal are h ~- .~ so destructive to ~~ ~ *~ ~ , ~ iy -~ ~: hardscape surfacing " =; integrated art paving a - '~ ~~ _ - ~~ ~~~ +' requires rfgorou5 - - ~- ,rc~~rc~ ~ _ `~ material selection and ,~~ t .. - ~~ - - I~mited appl~catpon. .. - '~~-~'y_~z' • .art in Public Places strategic P{an -Draft 7 Unique paving treatment can create interest and a sense of place Poss,ble areas of focus: • The pedestrian c©nnection between Lianshead and Varl Village • f~ieated arrival points • Main core areas of the Town • Pedestrian exits of parking structures • Stair users on parking structures • h~la~or intersect,ons Z. Walls and Fences Retaining walls are common features in mountain towns. In addition, cast concrete walls are very much a part of standard budding practice. In Vail, many of these walls are faced in stone making them more attractive and compatible with the alpine character of the town. Another option for treating walls is to Introduce artistic methods such as mosaic, creative painting, staining, sandblasting, murals, and sculptural concrete. Urngue wall treatments offer another alternative for enhancing the aesthetics of the town. Temporary construction fences and barriers present opportunities for the A!PP Pr~~_~,~r; t~ ~:~~-~~~: ~~~.'ith loca' sch~c~cal ~ ~ children or artists t© create -~_ `~ .; playful designs and artwork ~ °~ °``~ - on improvements that are _, f~_ ~~ I ~ ~ - y i,.. "~~~ ~~ .~~.Q ~a ordinar,l sterile or ~ ~ ~~#~~~~- industrial. ~£~. ~ °'`.~ Art ~n Public Places 5trateg~c Plan -graft 8 Introduction of art in walls Existing parking structure wall -- Opportunity far public art Passible areas of focus: •New and ex7stmg retaining walls, planter/sste wails, and structural walls •Sound walls an I-70 •l=xteriar walls an Village and Laonshead parking structures •Interiar walls and entrances of park~n~ structures • f-70 underpasses •Construct~on fencing and barriers • wilding facades 3. Trails and f a~h~ Qne of the un~c~ue features of Vail is the extens:ve area devoted to pedestr,ans. The V~Ilage core, L~onshead, streamwalks, and the recreation paths that run the length of town provide opportunities for walking and bjcyclrng. This trail system is an asset; however, pedestreans and cyclists are often unable to determine where they are in relation to mayor landmarks and destinations while an these trails, The most consistent response from citizen feedback ~s the need to link and enhance the trail system. As trail markers, d~rect~onal s~gnage and pedestrian badges are redeveloped, the town has the opportunity to add un~quenes5 and duality to the experience of those using the trails. This can be done with trail markers etched ~n stone ar interesting pavong patterns that provide the clear d~rect~on of travel and locations of primary destinations within the Town. Trail marker using natural Passible sites and apparturlltles~ materials • Pedestrian overpasses (existing and new) • Frontage road bicycle/pedestrian paths • Pedestrian ways to Town from parking structures •Tawn access routes to hiking and biking • • Art in Pub9ic Paces 5trate.g~c Plan -Draft 9 Artistic fencelwalf treatment I trails -Pedestrian routes between the Village and Lsonshead • P,ecreat~on paths •Tra~ls to fiord Park and the amphitheater •Trail markers • D~rectaonal signage and maps • Dsrectional paving patterns 4. Seating Seating plays an Important role by provld~ng k places for people to pause, gather, rest and ,~ - ' '~~ ' ~` ~ ~ ,~~ ~ ~ ~ take ~n the view. As seating areas are ~ 1 .~-. .~ ~- Y -~- ~- ~~ ~ ~ ,~ ~ created, the Town has the opportunity to ~ ,_ ~~=~`~ T=. ~~ `'' ~~~'_ ~- ~ provide arttist~cal~y tnspgred seating that ~s ~~u s ~-~ compatible with the natural setting, unique, , ~' ~; memorable, and even whims+ca4. Art in Public Places Strategic Plan -Draft I o Possable areas of focus: • Along maJor pedestrian corridors and activity areas within the Lionshead and Vail Village core areas • Public plazas • Bus stops • Badges (pedestrian and vehicular} • Public parks • Along recreational paths and at tra~lheads • • Art. ~n ~'ubl~c Placers strategic PCan - Qra`t Example of Town's existing seating and pawing h treatments 5. Bridges and RaiVingS A5 the town replaces or enhances bridges, artists and designers can become Involved by designing railings, accents or even the enure bridge. The art~stlc treatment of ra~l~ngs can extend beyond badges. Balcony rally, stag handrails and ~ueving rails can all be enhanced through creative treatment. Possible areas of focus: • Pedestaan bridge and skiers badge In Llonshead (VA property) • Pedestrian overpass on I-7a -All pedestrian, trail, and skiers' bridges • Stair railings • >~eck railings • A.rt in Public Places Strat,~c~~c flan - przaft ~ 2 Example of railing or fencing using artistic elements I Vail's pedestrian overpass is an opportunity for integrated art. Fence rail developed into artistic form 6. Utlllties and Street ~urni5hia~g5 Trash cans, newspaper dispensers, electric transformer boxes, air vents, and manhole covers are a61 part of the infrastructure of any town. These ut~l~t~es are conceived of as purely functional and their visual impact is often overlooked. Artists and designers can help rethink and redesign these elements sa that the infrastructure contributes to the look and experience of the place. As streetscapes and utility facilities are replaced or upgraded, public art can be introduced to conceal or accentuate these elements, Telephone "booth" developed with natural materials U • Art in Pub{~c Places 5i:raUer~ac Plan -Draft 13 Existing Town bus stop presents opportunity for public art This shelter is an example of how Integra#ed art can be subtle and unique Possible areas of focus: • Bus stops • Trash cans • Newspaper dispensers • Transformer and switching boxes • Parking structure air vents • Traffic control gates • Bike and ski racks • Ticket booths • Water intake and pumping faclCities • Light poles and fixtures • Manhole covers • • industrial air vent at Va11's parking structure could be redeveloped as art werk Art m Public, PVac.~s ~trateg~c Plan -Draft l 4 Custom street lamp and integrated street paving Exampie of how an air duet could be developed 7. Recreation f day ys at the core of the Vail experience. Facilit,es for recreation should embody a playful spir,t_ Prate Ship Park ,s an excellent example of the playful sp,r,t be,ng ,ntroduced to a park sett,ng. Park des,gners can part,c,pate ~n the des,gn of new areas and play ecfu,pment andlor create elements to enhance ex,st,ng fac,l,t,es, Poss,ble areas and opporturnt,es of focus: • All public parks and places • Kayak area • Skateboard park • C,v,c Centers • Dobson Ice Arena • Play e~u,pment • Sculpture • Seat~nr~ facilities 8. ~andmarlc~ and 'Portals A landmark ,s a s,gn,ficant arch,tectural element that v,s,tors to Vail can ~dent,fy and remember. Landmarks s,gn,fy ,mportant poants of entry, turning poants, and cr,t,cal #nter5ect~ons ~n the pedestr,an network. Landmarks also ,dent,fy dest,nat,ons and vasual reference poants. Landmarks and portals are antec~ral to an overall way f,nd,ng system, People tend to thank of landmark features as buald,ngs and structures, but they can also ,nclude plazas, antersectaons, fountains, works of art, and un,r~ue natural features. Sate integrated art can help create landmark features by creating un~aue spaces and bu,6dang Improvements that people are able to easdly adent,fy and remember. Art an Publ,c °laces strate~,c flan - Qraft 15 Ptarmingan play sculpture - Fard Park I • Posswble sites and opportunities for landmark improvements= • li~tersection of Vail l~.oad and Meadow Lrive • Mayor entries to ~ionshead pedestrian mall ~ Vista Bahn ski yard • Intersection of WiClow Bridge Road and East Meadow Lave (crossroad's area) • ~iighway exits • 1=ounta~ns, sculpture, and paving Insert photos here 9. Information sites and Facil~t~es Many visitors make their way to Vail each year and many of these visitors are here for the first time.. These newcomers do not have a sense of how Vail works and rer~uire the means to find their way. Way finding requires more than good street signage. Subtle cues, Locator maps and significant landmarks are all Important indicators that help people learn their way through a new town. Focus groups and Town leaders have expressed a need to enhance the sense of arreval and way fording in Vail, Integrated art elements can be a part of an effective oroentation program. These elements range from Sculptural sign holders and trail markers to artistic gateways and monuments ~ . that become significant rA "' ~~ ~~ landmarks. ~~;.. . ' .__. _ _.,y~"~,~. • The Town has adopted and is implementing a way finding and signage program that will greatly enhance the guest's ability to navigate through the Town. PubCic art can augment the signage system by creating memorable places and features that pedestrians can use to remember where they have been and determine where they want t0 g0. Art in Public Places strate~,ic PIai7 -- graft Checkpoint Charlie inforrreatian center -Gore Creek Drive !6 PosS~ble areas of focus and ©pportun7t~es_ • Highway exits • Landmarks on frontage roads • Important intersections • Portals to Vail Mountain • Parkwng structures • Information booths • Recreation paths • Trail markers • ~~gns and {cons • Way f~nd~ng maps • Pedestrian s~gnage in the V~Ilage and L~onshead Parks Insert photos ~J Art ~n Pvblsc Places Strategic flan -Draft. ~ 7 • B. G©mmissloned or Acquired Art Qne of the apportunit~es for public art ~s the current program of commissioning site-specific scuRptures; the direct purchase or donation of an art ob~ect_ :~ A comm~ss}oned work of public art typically involves select~rg an established artist to develop a piece of artwork for an identified location. Typically, the artwork responds to the site's functronal context as well as to its architecture, its location, its relat7onship to the adjacent terrain, and its social context. The Town may wish to consider the ~~~ '-~ ~"~ ~,F,, - acquisition or donation of a renown ~-, „~~''~ ~ p7ece of sculpture. In that case, the ~"~~. artwork itself would become the r destination and an integrated element of an existing or newly developed --- ~: ~a space. Works of art are those ~~ `~ acquired as gifts or through direct ~ y~~a "~" ~ - - purchase. The AIPP Board should be ~~ ~~ ~~,. ~, ~k, ,,, sensitive to the meaning and effect of -` ~° ~~-~ - plac~ng a work of art in a partticular Kaikoo III context, locat7on, and cbrcumstance. The Board, with the assistance of the AIPP Coordinator, is entrusted to make a recommendation regarding the requ~rernents of a q~iven project. The Board's adm~n~strative pol~c~es and selection and pRacement cr:tersa are further detailed rn the AIPP Program Pal~c~es and Guidei~nes. Examples of Commissioned or Acquired Art: Photos to be inserted here. G. Temporary Pub~~c Art At present, fourteen exterior 5~tes are available withm Vail Village and L~onshead for the temporary display of artwork. Each site was carefully Art in PublFC Places 5trate~ic Plan - Drar't i8 selected for tts visib+l,ty and access to both v,s+tors and residents of the Va,l Valley. This program is des+gned to enrich the community and prov,de exposure to artists working within the sculptural realm. The selected artwork must exemplify commitment to quality and innovat,on. The Temporary Art Program was des+gned to create a mutually benef+c,al partnership between the Town of 1/ail and artists working both with,n and outside of the community. Selected artists will enter into a standard lease agreement with the Town of Vail for each piece of artwork proposed for a s+te. The length of the lease may be far six months or one year. Atwo-percent sales commission wild be collected for any artwork sold. These AdPP polic+es are further detailed in the AIPP Program Paiicies and Guidelines. 1=xamples of Temporary Art: Photos to be snserted here. D. Prrvate Development Projects Another opportunity for public art is the creation of partnerships with private landowners and developers. As private development and redevelopment in Vail continues, there is the potential for public art opportunities to evolve from a partnership between the AIPP Board and private entities. Vasual enhancements or works of art that may emerge from these developments may greatly contribute to our community's aesthetic and pedestrian experoence and cultural awareness. When one considers the size and scale of the Town and its myriad of offerings, the boundary between public. and private spaces is really a conceptual distinction not recognized by the typical observer. With this in mind, the Town and the AfPP Board should encourage developers and property owners to enhance private development with publicly viewed art in the form of s,te integration, landmark development, architectural enhancement, sculpture, and other techniques described in th,s document. The Town has adopted regulations in three zone districts that require a developer or landowner seeking redevelopment to consider potential off-site impacts including streetscape and art opportunities. The AIPP Board, working closely with citizens and the Community Development Art ~n Public Places Strateg~r_ Plan e graft 19 Department, may explore expanding the responsibility for public art to other commercial zone d~str~cts such as the Commercial Care I and Commercial Core 3 districts. Additionally, the AIPP Board may pursue amending the Town's regulations to provide a .clear understanding of potential public art responsib~l7tties of large-scale development and redeveSapment projects +n Vail. • Art in Public Places 5trateg~c Plan -Draft 20 CV. Implementation r~CtlVltleS Thal section describes the recommended activities necessary to fully emplement this strategic plan. These actyv~t~es include adopting a new rev,ew process for public projects that involves the AIPP Board and the adoption of a new and stable funding source for public art known as percent for art. A. Fundwng Mechanisms a) Percent for Art IZequ~ring percent for art on public projects ~s not a new concept in the Uneted Mates, C~t~es, Towns, and States around the country have been implementing similar programs and ordinances lance the State of hawai~, City of San Francisco, and other communities pioneered the concept ~n the 19~60's. C~t~es such as Austin Texas, Greeley Colorado, Denver Colorado, and Seattle Washington are dust a few of the hundreds of commun7t~es with percent for art programs. Public improvement projects, involving streetscapes, roads, pedestrian trails, public buildings, parks, and brsdges, have ma~ar impacts on the aesthetics and quality of our environment. Therefore, these types of projects are targeted for the ~nclus~on of public art and in many cases site-integrated public art. The public art enhar3cements of the project are funded by requirong that a percentage of the total project budget be set aside for art7stic improvements. Many commun~tses require I % to 2% of the total budget to fund the art components of a public project. Some communities I~m~t application of the percent for art program to projects with budgets over a set amount and cap the amount ava7lable for a spec~f~c project. All percent far art ordinances include criteria for determtining which public projects are appropriate for inclusion ~n the program. These cr~ter~a are generally based on the v~sib~l~ty of the improvements, For example, utility projects that are completely underground may be excluded. The funds are usually utilized directly within the spec~f~c project; hnwever, some programs include provasions for reserving or pooi~ng the Art ~n public Places 5tr-atec~ic Plan -Draft 2 I • funds of several projects to fund another priorsty public art project. The AIPP Program has never enjoyed a stable and reliable funding source for public art mstaClat~ons or the adm~rnstrat~on of the program. W+thout a stable fundine~ source Ike percent for art the program is less effective In supporting the Town's image as a world-class resort and community. b) Direct Town Funding • The Town Council has pravlded funding to cover the costs of the adm~n~stratlon of the AIPP Program. and the AIPP Coordinator poslt~on within the Public Works Department budget. Add~t~onally, the Town Council has directly funded several public art projects. Generally, the AIPP hoard must reg,uest this funding as a supplemental approprlat~on as public art projects to-date have rarely been considered ~n the overall budget process for the Town. This process makes ~t d~ff,cult for the AIPP Board to plan for new projects and tends to be an unstable method of funding public art pro~ects_ c} Temporary Donations of Art A temporary donation of artwork rs another area that has been explored and implemented successfully In the past. The temporary donation of art allows the community to take advantage of artwork It may not otherwise be able to afford to commission. It also allows for a variety of art pieces to be displayed over the course of a year or a season. The temporary art program is regulated by the program guidelines and polMCies adopted by the AIPP board. • d) Donations and Gifts Donations and gifts have heCped fund or prov7de for public art In the Town. The acceptance of danatyons and gsfts rs further regulated by the program guldel~nes and pol~c~es adopted by the AIPP board. This program w711 remain a source of funding and acc~ulstttion. Art in Public Places Strategic Plan - ©raft 22 Spiri# of the Skier- Donation e) Fund Raising and Grants Fund rasing and grants may be other sources of funding for public art protects in the Town of Vail. For fund raising to be truly effective there would need to be a commitment of staff and financial resources. Efforts to have the community participate financially in the promotion of art may be a means of funding art. f) Real Estate Transfer Tax {Rc I ~ ~ Another opportunity to fund public art ~s the Real Estate Transfer Tax. The stated purpose of these funds is to acquire, improve, maintain, and repair real property for parks, recreation, and open space. The funds may also be used for construction, maintenance, or repair of park and recreation buildings and construction, maintenance and landscapsng recreation paths.. Pvblic art, as long as completed in conjunction with these stated purposes, may be funded utilizing NETT funds {i.e., site- integrated art -artful benches and paving materials are utilized in the construction of a recreation path, artistic elements incorporated into site furnishings, custom designed play equipment, etc.). RETT funds may be the source of the percent for art funds on a parkltrail related development or redevelopment project. ~. Town of Va~1 Revlew Process for Public Projects I . Pr©posed Process for Percent far Art The proposed process for implementing Town of Vail public art projects is tied to site-integrated art and the percent for art program. The proposed process ~s to allow the AIPP Board to review annual#y the list of capital improvement projects. The Board, using specific criteria to be developed in an ordinance„ would make a recommendation on which capital public projects meet the criteria for an AIF'P pro~ect_ The Town of Vail would be required to incorporate public art and thus provide funds in the form of a percentage of the overall project budget for art improvements. The Town Council would have the option of applying the percent far art allocation to every project, certain types of projects, ar deferring the funding by pooling the AIPI' funds of several projects to complete Art in Public Places Strateg4c Plan -Draft 23 another specific art project. The AIPP Board would work with Town staff as well as a selection committee made up of stakeholders, neighbors, and other citizens that would assist the Tawn with types of art improvements to be included in a project and help to identify an appropriate artist. The AdPP Coordinator would also be involved early in the conceptual stages of a caprotal pra~ect so that as Requests for Proposals are developed, the notion of involving a designer or artist sn the project is praper{y conveyed. Thos process will be further detailed ~n the development of an ordnance for percent for art following the adoptaon of this strategic plan. ~. Unantlclpated Donateons Persodecally the Town of Vail ar the AIPP Program will receive donatwons of artwork that are unant7cipated. Donations of artwork are subject to the same pal~caes and crEtersa of the AIPP Program as any other work of art berng considered by the AIPP Board. The AIPP Board has the d~scret~on, subject to the program pol,c~es, to accept or reject public exh~b~tion of any work of art donated to the Town for public art • purposes. 3. Public and Private Partner5hlp5 The Town has adopted regulations in three zone d~strscts that require a deve4oper or landowner seeking redevelopment to consider potential off-site impacts ~nclud~ng streetscape and art opportunities. It is the responsibility of the Community Development Department, and other Town agencies, to review and consider the impacts produced by these development and redevelopment projects. The Community Development Department Should inform developers and landowners of their potential obligattions to streetscape and public art improvements as properties are developed ar redeveloped. Add~t~onal#y, the AIPP Coord~natar should continue to be informed of such appl~cat~ons to the Town and be afforded an opportunity to provide input on relevant issues with respect to streetscape and public art appartumt~es. Another opt}on in the area of coordinatson that could help to improve the development review process would be to have a representative from the AIPP board attend meetrngs involving private projects where public art. may be required. This action would help with the communication between the AIPP, the PEC or DRB, and the app4icant. A formal adm7nistrative process for such AIPP anvolvement should be Art in Public Places Stratu~oc Plan - prafr 24 developed by the Town to allow for formal AIPP review using adopted guidelanes_ Further, the AIPP may seek to amend Town regulations and other commercial zone districts through the ordinance approval process to cfar~fy and require public art on certain types of private projects. • Ft 25 V. Goals and C?b~ec~tlves The following {ist of goals and objectives describe the guiding Ideals for the AIPP Program and the Town of Vail. These polices should be referred to when making decisions about program direction and when pursuing public art projects throughout the Town . Goal 1 : Integrate the creative work of artists Into public projects to thereby Improve the tourist's experience and the economic vitality of the Town through the enhancement of public spaces in general and the pedestrian landscape In particular. Objective I . I : Provide site-Integrated art within streetscape Improvements on public protects. Ob~ectlve 1 .2: Identify logical locations and sites for landmark art features, large monuments, fountains, and plazas within the Town. C}bjective I .3: Adopt a percent for art ordinance that requires a percentage of the budget allocated to a public improvement project go directly to fund a public art component. Goal 2: Create a visually and functionally superior environment for Vall's residents and visitors. C)~jective 2. I : f mplement the site-integrated art program on public projects. Objective 2.2: Continue to encourage the siting of public art pieces throughout the Tawn of Vall on both public and private lands. Ob~ectlve 2.3: encourage or require private property owners to Include public art. in the redevelopment of properties throughout the Town. Objective 2.4: Seek public art protects that reference the recreational, International, and unique character of the Town and region. Art ~n Public Places Strategic Plan - Qra#t 26 Goal ~: Reinforce Vatl's relataonsh~p to the natural alpine landscape. Objective 3. 1 : Seek public art improvements that include natural landscape features and elements found in the local area. Ob~ectove 3.2: f'rov~de site-integrated art to a11ow for the apprec~at~on of the natural Sandscape. • f~ Art in Public Places 5trate~ic Plan - ©raft 27 Ur. Rela~lonshlp of 5trat~glc Plan to Town Planning adcuments The provssion of public art and community aesthetocs has always been one of the cornerstones of Vail's development. This is evidenced in many of the physical improvements as well as through many of the Town's land use planning documents. The following sections document the relevance of this planning document to others adopted and utilized by the Town, 1 . Vail Village Master Phan The Vail Village Master Plan provides stated goals about how Vail should develop to enhance the pedestrian experience and strengthen the experience of the tourist. These stated goals match many of those. goals bung establEshed by the AIPP Strategic Plan. Public art ~s an element of the landscape that can assist the Vail Vlilage en the achievement of goals by making the village experience both unique and rich. The following excerpts from the Va41 V~liage Master Plan mirror the AIPP Program goals. "As the physical development of the original Village began to take place ~n the early f 9G0's, so too d ~d its unoque character. The free form layout of the streets and the human scale expressed by many of its earliest buildings began to establish a pleasant pedestrian environment. As the Town grew, the development of numerous outdoor d~n~ng decks and public plazas served to strengthen the pedestrian experience. More than anything else, it was the emphasis on the pedestrian that contributed to the un7que character and charm of Vail Village." The ex~st~ng Vail. Village Master Plan addresses the current situat7on -- ~t's ~ncons~stenc~es as well as its promise. That Plan provides six goals a5 a framework for guiding public improvements as well as private sector development for the entire Vail Village area. The six goals are: Encourage high duality redevelopment while preserving the urnque architectural scale of the village in order to sustain its sense of community and Edentity. • To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the commurnty as a whole. Art in Public Places 5tratcq~c Plan -Draft 28 • To recogn,ze as a top pr,oroty the enhancement of the walkong exper,ence throughout the V,Ilage. • To preserve ex,st,ng open space areas and. expand green space opportvn~t,es, • Increase and ,mprove the capacoty, effic,ency, and aesthetocs of the transportatoon and orculat,on system throughout the V,Ilage. • To ensure the contonued improvement of the v,tal operat,onaC elements of the Village. 2. L~©nshead Redevelopment Master Plan The L~onshead Redevelopment Master Plan recogn,zes the need for the ontegratoon of art onto publoc spaces. This plan contaons the follow,ng statement ~n Chapter E: S,te Des,gn Guodel~nes: An ob~ecteve of the communoty ,s to enhance the beauty of our envoronment by oncorporatang qual,ty v,sual art in hoghly access,ble and vos,ble places, both pr,vately and publ,cly owned, for the enjoyment of res,dents and guests. The master plan encourages art ~nstallatoons as permanent elements ,ntegral to the desogn of exterior spaces, archotectural components, s,te furnoshings, and pavong. Artost,c s,te furrnshings and accessor,es could ,nclude, but are not limoted to, benches, ra,longs, bake racks, ski racks, sognage, trash receptacles, loght,ng and ut~l,t,es. Art ,s part,cularly effectove ,n act,v,ty areas, at entrances, at the ontersect,ons of pedestr,an corridors, and where views termonate. Art that ,s ,nterest,ng and spec,fic to the reg,onal context of the valley ~s encouraged. lnteract,ve artwork that can be enJoyed by both choidren and adults, such as found on the boulder pedestroan reta,l mall, ,s hoghly encouraged. Artwork accessoble to the publ,c must be constructed of durable materoals and be easy to ma,ntam. 3. 5treet~cape Mauer Plan An ontegrated approacfa to publ,c art. ,s also most ,n keeping with the I ~9 I Town of Va,l Streetscape Master Plan. The Streetscape Master Art in Public Places 5trategrc Plan - Qraft 2~ Plan emphasizes the importance of craftsmanship and creative design and cites the kmportance of public art a5 a part of the pedestrian experience. The concept of Site-integrated art is already a concept endorsed by the Town as the streetscape Master P#an states that: "Public art should not be limited to free-standong sculpture. Art can and shauEd be incorporated into the design of Gammon streetscape elements such as a bench, a planter wal#, (or) tree grate." The sect~an of the streetscape plan that outlines site furnishings also advocates an artastic approach. The plan states that site furnishings {manha{e covers, benches, I~ght fixtures, and trashcars) offer another oppartun~ty far the intraductbon of public art and that this approach cou#d be adapted for Vail and the result would be a fun, nave! desgn that would enhance the streetscape. The streetscape Master Plan also coils out specific IocatMOns for art. The Plan earmarked three plaza and feature Sites in the East V~Ilage, and a new site in the vdlEage care at Willow 13r~dge and Gare Creek Lrive. Movjng west, the streetscape plan marks five art locations along >rast and 1Nest Meadow Drive as wel f as a f~nai location on fast Lionshead Circle. These sites should not simply be thought of as places to put a sculpture. AEI haue the patent~al to become fully integrated works of art of undertaken as a part of the redesign and canstruct~an of the streetscape. Art in Publroc Places Strategroc flan -Draft 3~ VIl. Strategic Plan Adaptlan Pr©cess This sect,on descr,bes the formal Town of Vail review process ut,l,zed to obtain approval of th,s document. The sect,on also describes the process by which th,s document may be amended m the future. A. Public Input In 1998 the A6PP Board hired the f,rms of Artscapes_ LLC and Publ,c Art Advisory Services to initiate the strateg,c plann,ng process ,nciud,ng draft,ng port,ons of the strategic plan and conducting ,nterviews and public workshops in order to ,ntroduce the concept of site-integrated public art and understand how the community v,ewed public art. Community leaders, arts activ,sts, residents, c,viG {eaders, and planning profess,onai5 all partic,pated as focus groups m these workshops so that vaned opinions and vsews would be sol,cited. The consultants also conducted worksessions w,th the Town's Des,gn Review Board, Planning and Environmental Commission, and Town staff to help understand the perspectives of these groups. Ult,mately, Braun Associates, Inc. was hired to work with the AIPP' Strategic l:'lan Taskforce to bring all of this ,nput and work together in this strategic-pianrnng document. d. Adoptlan The formal Town review process utilized for the review and adoption of this strateg,c plan was as follows: • Review and recommendation by AIPP Board to the Town Council • Review by the Planning and Environmental Commission to the Town Council • Review and adopt,on by resolut,on by the Town Council C. Amendments t+c the Plan Town Council may adopt amendments to the plan by resolution upon a recammendat,on from the AIPP Board. C:1My Cltrcumentsl[]ominiciC+©15 - AapplNlasrcr Plan Drafis`v11PN !4lasler flan #i3 - NP.('- rcvisicrn 7-] 7-Ol.doc • Art in Pubhc Places 5trateo~tc Plan -Graft ~ I MEfN©RAN[?UM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: July 23, 2001 SUBJECT: A request for a recommendation to the Town Council far the adoption of iwo view corridors within Lionshead, as identified within the Lionshead Redevelopment Master Plan. View Corridor 1 is located approximately at the main pedestrian exit of the Lionshead parking structure looking southwest towards the Gondola lift line. View Corridor 2 is located approximately from the pedestrian plaza at the east end of the Lifthouse Lodge looking south up the Gondola lift line.. A full legal description of the view corridors is attached. Applicant: Town of Vail Planner: Allison Ochs DESCRIPTION QF 7ME RF©UES7 On May 20, 1997, recognizing the importance of visual connections to the surrounding environment, the Town Council approved the use of the existing Town of Vail view corridor ordinance to designate the first protected public view corridors in Lionshead. In order to qualify for protection under the Town's ordinance, a view corridor must meet the following criteria: 1. Is the view corridor critical to the identity, civic pride, and sense of place in Lionshead? 2. Is the view seen from a widely used, publicly accessible viewpoint. 3. Is the view threatened? Is there a possibility that development on nearby property would block the view? According to the Town Code, the purpose statement of Chapter 22, View Corridors is: The Town believes that preserving certain vistas is in the Interest of the Town's residents and guests. Specifically, the Town believes that: A. The protection and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the Town will foster civic pride and is in the public interest of the Town. B'. !t is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the Town. G. The preservation of such views wi11 strengthen and preserve the Town's unr'que environmental heritage and attributes. ~ ~' ,. ~k T04V,ti~ 0~ YAIL D. The preservation of such views will enhance the aesthetic and economic vitality and values of the 7nwn. E. The preservation of such views is intended to promote design which is compatible with the surrounding natural and 6Uilt environment, and is intended to provide for natural light to buildings and in public spaces in the vicinity of the view corridors. F. The preservation of such views will include certain focaf points such as the Clack Tower and f~ucksack Tower, which serve as prominent landmarks within Vai! Village and contribute to the community's unique sense of place. The Lionshead Redevelopment Masser Plan identifies five View Corridors. However, it recommends that only two legally protected view corridors be established at this time. The remaining three views are to be established as critical design parameters, not as benchmarked and surveyed corridors. These other three view corridors are contigent on future development, and parameters of these views are to be considered at the time of development. Lionshead View Corridor 1 is seen from the west end of the Lionshead parking structure,. standing at street level at the main pedestrian exit and looking southwest toward the gondola lift sine. A full legal description and photo is attached far reference. Lionshead View Corridor 2 is seen from the pedestrian plaza at the east end of the Liffhouse Lodge, looking south directly up the gondola lift line. The Council recommended a few changes to the View Corridors in their review. First, the Town Council requested a change to the lower boundary of View Corridor 1. Second„ the Council requested that View Corridor 2 be widened to include all of the ski run. The amended view corridors are attached. II. STAFF RECOMMENDATION As it is the Planning and Environmental Commission's role to make a recommendation to the Tawn Council far adoption of a new View Corridor, staff recommends that the Planning and Environmental Commission recommend approval of the two Lionshead View Corridors subject to the following findings: a_ .That the proposed view corridors protect and perpetuate views from public pedestrian areas, public ways, or public spaces within the Town which foster civic pride and are in the public interest for the Town. b. That the proposed view corridors protect and enhance the Town`s attraction to residents, guests and property owners. That the proposed view corridors protect views which are commonly recognized and have inherent qualities which make them more valuable to the Town than other more common views. d. That the proposed view corridors are consistent with the Lionshead Redevelopment Master Plan and Title 12, Zoning, of the Town Code, and furthers a legitimate Town interest. 2 III, ROLES QF THE REVIEWING BOARDS Planning and Environmental Commission: Action: The P1=C is advisory to the Town Council. The PEC shall review the proposed view corridor and make a recommendation to the Town Council on the compatibility of the proposed view corridor with the goals and policies of the Vail Land Use Plan, Town policies, and urban design guide plans and other adopted master plans. Design Review Board: Action: The DRB has NO review authority on view corridor adoption. Staff: The staff is responsible for ensuring that all. submittal requirements are provided. Staff provides analyses and recommendations to the PEC and Town Council on view corridor adoption. Town Council Action: The Town Council is responsible for final approvalldenial on view corridor adoption. The Town Council shall review and approve the proposal based on the compatibility of the proposed view corridor for consistency with the goals and policies of the Vail Land Use Plan, Town policies, and urban design guide plans and other adopted master plans. iV. REVIEW CRITERIA FOR VIEW CORRIDORS A. Lionshead View Corridor 1 General Descriotion This view corridor is seen from the west end of the Lionshead parking structure, standing at street level at the main pedestrian exit and looking southwest toward the gondola lift line. The following criteria must be met for the Planning and Environmental Commission to recommend approval of Lionshead View Corridor 1: i. That [he proposed view corridor protects and perpetuates views from public pedestrian areas, public ways, or public spaces within the Town which faster civic pride and are in the public irrferest for the Town. Staff believes that the proposed view corridor protects and perpetuates a primary view from this very important public area. Many visitors park at the Lionshead structure and enter Lionshead from the west end of the parking structure. This proposed view corridor protects the view up the gondola lift line. According to the Lionshead Redevelopment Master Plan, this view: a. Fosters civic pride and is central to the identity of Lionshead. b. Is taken from a commonly used, publicly accessible viewpoint. This area is the primary point of entry for pedestrian traffic 3 from the parking structure and is also the primary Lionshead transit stop. 2. That the proposed view corridor protects and enhances the T©wn°s attraction to residents, guests and property owners. As stated. above, this proposed view corridor is from a primary point of entry for many of Lionshead guests and residents. Is protects a view of Vai! Mountain up the gondola liftline.. The Lionshead Redevelopment Master Plan identifies this area as the laast Lionshead pedestrian portal, and encourages impravernents to this entire pedestrian plaza area, including improved transit stops. 3. That the proposed view corridor protects a view which is commonly recognized and has inherent qualities which make it more valuable to the Town than other more cowman views. According to the Lionshead Redevelopment Master Plan, this view corridor is potentially threatened by redevelopment in the foreground of the view. As the primary pedestrian portal to Lionshead, it is more valuable to the Town than other common views. This view corridor preserves the view up the gondola liftline, an important visual reference for Vail visitors. B. Lionshead Vieuv Corridor 2 General Descrigtian This view corridor is seen from the pedestrian plaza at the east end. of the Lifthouse Lodge, looking south directly up the gondola lift line. The following criteria must be met for the Planning and 1=nvironmental Commission to recommend approval of Lionshead View Corridor 2: i. That the proposed view corrr'dor protects and perpetuates views from public pedestrian areas, public ways, or public spaces within the Town which foster civic pride and are in the public interest far the Tawn. Staff believes that the proposed view corridor protects and perpetuates a primary view from an important public area. This is a primary public plaza and popular public space. According to the Lionshead Redevelopment Master Plan, this view: a. Fosters civic pride and is central to the identity of Lionshead. b. is taken from a commonly used, publicly accessible viewpoint. 2. That the proposed view corridor protects and enhances the Town's attraction to residents, guests and property owners. As stated above, this is a primary public plaza. According to the Lionshead Redevelopment Master Plan, this plaza area is identified as the resort retail and commercial hub of Lionshead. The Lionshead Redevelopment Master Plan recommends improvements to this plaza area and encourages more pedestrian connections through Lionshead_ 4 ~. That the proposed view corridor protects a view which is commonly recognized and has inherent qualities which make them more valuable to the Town than other more common views. According to the Lionshead redevelopment Master flan, this view corridor is potentially threatened by redevelopment in the foreground of the view, specifically, t'he Vail Associates core site. In addition, as a primary pedestrian plaza, this view is more valuable than other views. This view corridor preserves the view of the gondola lift line, an important visual reference to guests. • • 55 IL, ~ R ~_+TM{TT d .~ ~ ~ 'lt ~ ;~ ~~~~ ~~ t "d~. t ~~77 ~ ,'~ ~i .. ~ iX .v~ -.}w R ~ '~' '~ ~~ ~.. S ~ } CA ~"^~_. ' }~+ ~ : ~~ a ~ ~R ""6 .r~ a ^` r ~ _s ~ ~ '.'', A e ~ ... - e-.. ~ 7i" ~ ~ i ~'~' '. ~ 1 t ~. s ~ J1~ y T f^ M ~ . d9gj ~t } ~ ~ t 1 . ,,~ ~ ~n S _. _ kv ` ~.'a ~ z .$ i , 1 1 ~ Y x. ~.,K .r A +~+Y~ ~~ i., S"'~ ` J Y F Y ~ s ~ ~ ~ ', ~t ~ .' I . 7y~ K i~' i , ~ s~+y. t i ~ • 'z' ? ~a F ar Y e~ . iY.~. '„ _ ~ + ,~" } + ~, P L ? ~~ ,-+'_ e }F ~ .~, ~ R'..-. ~' .~ _ _ Y ~ •~ ~ ~ ~+ ` ~. x , , ~ ss 1 ~ _ ~ LL ~ ' ~h . yr ' - V i ~ ~ ~ r ~ ,. ~ ! ~ '~ ~4'~`; t %,4.` y ~ ~~'eZ jtr e~ #~~ ~ . _'. e~ ~~ _ -: ~ it ~. ~~ ~: , a ` ~ : 'J,~f ~ ' D'~" 2 . t , ~ t ~ 4~, ~ ~` 4~ 'C~ ~' Il I L I v ii. ~' 3=. ~ ~ ~ ~I ' 1~ 1 l ~ - ~~~~} •1 ~ FB T } ,? ' R F '~' ,~:J ~ c4 , ~7 t t r ~. a^ D L _~ ~ ~. • ~~ ~ r C] TC)~'7v OF VAIL v~E>el~ ca~a~r~o~xs A.. View Paint #1: A viev<-- from the west end of the Lianshaad parking structure, standing at street level at the front of the entrance to the Subway restaurant (395 E. Lianshaad Circle} and looking sauth~vest ta~~-ard tl~e gondola lift line. 1. Purpose: 'I'o protect the vie~~s of Vail Mountain from the Lionshaad area. 2. Serve}~ cantre7l: Based on published material from town of Vai] GPS control map. Paints Spraddle and 176G ~~,ere used far this sun~ey. Bearings reported below are tied to this control. 3. Instrument at Vice Point #1: A 2 inch diameter brass monument, flush in brick pavers, stamped Vie~a~ 1. 4. Backlight: A 2 inch diameter aluminum .ic?linson, Kunkel & Associates. lnc.. monument which bears S 11 °47'42''V1' 327.94 feet distant. Located at the north edge of a concrete rin;.~T fora «. afar manhole approximately 1 ~ feet north of the north edge of the bike path. 5. Height of Survey lnstrument above View Paint # 1:5.26 feat. 6, Table; Bearing zenith An~,le Foresight Point On Photo As 4f June l2, 2001 SOS°14'25"W 79°49' l3" A -intersection of the horizon ~~~ith a vertical line defined by the sauth~~•est career raafline on the Treetops Condominium building, 452, E. I.icrosl~ead Circle. SOS°22'l f3"`J11 ~0°1 l'31" B -intersection of the roafoverlaang at the west and of the Treetops Condominium building and the southwest corner of said building, 452, E. Lianshaad Circle.. SOS°38'24"'~~ 80a 17'55" B l -westerly upper earner of the raaf a~~erhang at the west end of the Treetops Condominium building. 452, E. Lionshaad Circle. • Bearing Zenith Ankle Foresight Point 4n Photo As +Of June 12, 20(}1 S05°4$'38"W 8l°42'54" 1~2 -westerly lover cc~rtter of the roof overhand at the west end of the Treetops Condominium building, 452, E. Lionshcad Circle_ SOS°22'28"W 81 °43' 1 S" I33 -intersection of the roof overhang at the ~~~est end ol~the Treetops Condoii~iniuzn building and the: southwest corner of said building, 452, L. Lionshcad Circle. S05°2?'2$"VV 90°O1' 11" B4 - a point on the vtiresterly edge of the Treetops Condominium building, 452, E. Lionshcad Circle and ruiuiing Horizontal with and perpendicular to the southeast corner roofline of the bus stop building at Lionshcad Circle. P 1 S24°16'45"W 90¢01'11" C -southeast canter roollitle of the bus stop building ttt Lionsheacl C'irclee Said point being the lover limit of Vie~~~ Point tt 1. intersecting with the vertical line described below for point D and ruzzrzing horizontal tivith and perpendicular to the westerly cadge of the Treetops C ondominium building. 452, E. Lionshcad Circle. S23°11'0"W 85°40'57" f} -intersection of the horizon with a vertical line defined by the southeast corner roofline on the Vail Lionshcad Centre Condominiums, 520, Lionshcad Circle. S2 ~°11'(13"W 79°09' 13" )"/ -point of intersection of the southwest roofline of said fI'reetops Condominiums building defined by Paint !1 and thG southeast corner of said Fail Lionshcad Condominium building as defined by Point D~. 13. View Point #?2= A view from the pedestrian playa at the east end of the Lilthouse Lodge (555 E.Lionshea.d Circle) looking south directly up the gondola lift line. 1. Purpose: To protect the views of Vail Mountain from the core of the Lionshcad area. 2. Survey control: Based ot~ published n7aterial from town of Fail GP5 control map. Points Spraddle and 17C~G were used f~~r this survey. Bearings reported below are tied to this control _ a. Instrument; Vietiv Point #tl : A 2 inch diameter brass monument, flush in brick payers, stamped Vietiy 2. ~. Backlight: A 2 inch diar-neter aluminum Johnson, Kunkel & Associates. Inc._ monument ~~~hich bears 502°47'02"W 299.fl6 feet. Located 75 feet north from the Vista Bann, 1 ~ feet south of a 3 foot by 4 foot steel drain and 2 inches south of the of the bike path. . 5. Height of Sure.-ey lnstrument above View Point #2: 5.20 feet. G. Table: T~earin;~ Zenith .4nglc Foresi~lit Point +~n Photo As t~f June 12. 2fl01 S07°18'22°'E 79°044'9" A - InteTSeGtlU11 of the 11C71'1ZOn ~yitll a vertical line defined by the southerly roafline on the Vail Lionshead Centre Condominiums, 520, E. Lionshead Circle. S07°'6'34''E SS°l6'Sfl'' B -intersection o4•a lotiyer roof at the westerly end of the Vail Lionshead Centre Condominiums and the ~yesterly building ~yall of said building., 520. E. Lionshead Circle. 506° I E~'ST'E 85°41 `00" C - westerly end of the lo~~er roof on the ~~~esterly end of the ti'ail Lionshead Centre Condominiums, 52D. E. Lionshead Circle. SOS° 1 1';9"F_. 88° 10'52" D -intersection of the westerly lower ~,~-a11 of the Vail Lionshead Centre Condominiums and a tiyood deck at said building, 520, E. Lionshead Circle. S07°07'02"W 88°3fl'S2'' E -point of intersection of said wood deck and said lower ~yall of said Vail Lionshead Centre Condominium building defined by Point D and the westerly side of•B~~~ana Run on Vail l•~lountain running under the lift toys°crs for the Born Free Express Lift and the 1/agle Bahn l~xpress Gondola. 507°07'02"W 79°0949" F -- point of intersection of the southerly roofline of said Vail Lionshead Centre Condominiums defined by Point A and the westerly side of Btyana Run on Vail Mountain running under the lift to~yers for the Born Free Lxpress Lift and the Eagle Balu~ Express Gondola. Approved 8/13/61 PLANNING AND ENVIRONMENTAL. COMMISSION • PUBLIC MEETING MINUTES Monday, July 23, 2001 PROJECT ORIENTATION / -Community De~elapment Dept. PUBLIC WELCOME, MEMBERS PRESENT Dick Gleveland Brian Doyon John Schofield Galen Aasland Chas Bernhardt Doug Gahill Site Visits 1. Fitz ~ Gaylord - 923 S. Frontage Rd. West 2. Gateway - 12 Vail Road Driver George 9 2:00 pm 1:'l5 pm ~o NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner frarn 6:00 - 6:30 Public Hearing -Town Council Chambers 2:a0 pm 1. A request for a conditional use permit, to allow for a Tye II Employee Housing Unit, located at 84 Beaver Dam RoadfLot 213, Block 7, Vail Village 15 Filing. Applicant: Petrus Financial Management, LTD. Planner: Bill Gibson Bill Gibson gave an overview of the criteria and findings used to evaluate the conditional use permit request, He stated staff's recommendation was for approval with the condition outlined on page 2 of the staff memorandum. Dick Cleveland had no comments. Brian Doyon stated he hoped the unit remained occupied. Chas Bernhardt had no comments, John Schofield had no comments. Doug Cahill had no comments. • Galen Aasland stated concerns with the town's deed restrictions but said if was not an issue for the applicant to address. MEMBERS ABSENT Diane Golden ~e rawn~o>~VA~ '~ Approved 8113/01 John Schofield moved to approve, in accordance with the staff memo. Doug Cahill seconded. The motion carried 6-0, 2. A request for a final review of the rezoning from Commercial Gore I #o 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 Commercia[ Service Genter zone district, a conditional use permit for a private parking club in the Commercial Service Genter 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 Q and N, Block 5D, Vail Village 15~ Filing. Applicant: Mountain owners, L.P., represented by Braun Associates Planner: Allison Ochs Allison C7chs presented an overview of the requests and the zoning implications. Allison presented the criteria for review of ail of the requests.. She stated staff's recommendation was that the applicant provide a total of eight employee beds. Dominic Mauriello gave a presentation to the PEC on behalf of the applicant. Dominic presen#ed an analysis of employee generation based upon existing and proposed future uses- He also presented the zoning implications with regard to the applicant's request. John Schofield asked Dominic to provide a presentation on the private parking club operation and the amount of parking provided for the residential uses. Dominic Mauriello explained the operation of the club and the excess spaces not required under the town code provisions. He then discussed the application of the employee generation methodology with this proposal and previous SDD amendments. Kevin Deighan spoke on behalf of Timberline Commercial Deal Estate. He stated his issues with the employee generation analysis and called the analysis discriminatory. There was no public input or comment on this item. Allison Uchs explained the employee generation methodology and how it was applied to this application. Doug Cahill stated he was in accord with the staff recommendations. He said the PEC was attempting to mitigate development impacts that exist for the entire scope of the project. He stated the employee housing was a recognized public benefit and that it needed to be provided in some form -either on-site or off-site. Dick Cleveland stated he thought the rezoning was appropriate and consistent with the Town's master plan. He stated the additional 7500 square feet of GRFA generated some new development impacts. Dick stated he supported the request for the private parking club and the text amendments. Dick stated he thought employee housing was perhaps the only "tangible" public benefit and that although 8 beds may not be necessary, some provision for employee housing should be made. Brian Doyon stated he thought the application should be reviewed under curren# standards. Brian outlined the deviations from the underlying zoning and iterated a need to mitigate that deviation with public benefits. He stated employee housing was a necessary component and that a parking management plan and parking study should be submitted far review. He stated he would leave the final number an housing generation up to the Town Gauncil, but • • 2 Approved 8113101 that same employee housing should be required. Chas Bernhardt stated he agreed with Brian on the issue of mitigation. He stated employee housing could be provided off-site. John Schofield stated he thought the existing building does not work. John stated his support for the office and residential portions of the application, but said he was in opposition to the private parking club. He said the physical layout of the tandem parking spaces made the full utilization of the parking spaces nearly impassible. John stated some type of employee housing should be required, even if it is off-site. The f'EC took afive-minute recess Allison Ochs suggested that basing the employee generation numbers on the new GRFA and dwelling units only would generate a need for .8 employee beds. Allison also reiterated a staff condition regarding a parking management plan for the private club, Dominic Mauriella requested the option of housing employees off-site and asked for some flexibility to provide effective parking management. Dominic stated he thought the requirement for public benefits in exchange for a rezoning constituted "contract zoning," Brian Doyon moved to recommend approval of the rezoning from CCI to CSC, subject to the findings in the staff memo. Chas Bemhardt seconded. The motion carried 5-D. Dick Cleveland stated that one employee housing unit would be a reasonable requirement. Brian Doyon stated that fhe number of required EHU's should be determined by the Town Council. Chas Bernhardt stated that the EHU could be provided off-site. Doug Cahill stated he would recommend one unit to the Vail Town Council. Brian Dayon moved to recommend approval of the major SDD amendment with the findings and conditions in the staff memo and with a tent amendment listed on the bottom of page 19 of the staff memo and modifying condition #3, that na less than one and no greater than 5 employee beds be provided within the Town of Vail. Dick Cleveland seconded. The motion passed 4-1 (Doug Cahill opposed). Brian Doyon moved to recommend approval of the proposed text amendments in accordance with the staff memo. Doug Cahill seconded. The motion passed by a vote of 4-1 (Schofield apposed). Doug Cahill moved to approve the conditional use permit for the private parking club, in accordance with the staff mama. Dick Cleveland seconded. Approved 8113141 The motion passed 3-2. Doug Cahill moved to approve the conditional use permit for the multi-family housing units, in accordance with the staff memo. Dick Cleveland seconded. The motion passed 5-0. 3. A request for a conditional use permit, to allow for commercial storage and vehicle storage in accordance with Section 12-71-4, Vail Town Code, located at 923 South Frontage Road West /'Unplatted. Applicant: Fitz & Gaylord Landscaping 1 Vail Resorts Planner: Brent 'Wilson Brent Wilson provided an overview of the staff memorandum, staling that the staff recommendation of the conditional use permit in each instance was for approval, subject to the criteria and findings an pages 4 through 6 and conditions of approval noted on page 3. He stated that the biggest concern with the site to date is the lack of adequate screening of materials and vehicles on the site. He added that the provision of a berm would help to alleviate this problem. Brent also noted that there should be no vehicle repair, storage of inoperable vehicles, or storage or dumping of hazardous materials on the site. Brian McCartney spoke on behalf of Vail Resorts. He stated that the abandoned vehicles would be removed in the near future. He suggested that there should be no limitation to the number of vehicles which can be stored on the site due to the need for additional ;parking in the town. John Schofield asked how long all of the junk vehicles would have to remain on-site. Mr. McCartney said that it would take a couple of weeks. He stated that 6C? days should be allowed to complete the requirements outfned in the staff memorandum for the conditional use permit. Galen Aasland stated that a problem with. the s#orage of vehicles long term is the leaking that occurs and eventual contamination of waterways. He added that the conditional use permit should be subject to renewal on an annual ar biannual basis. Doug Cahip noted that he did not feel #hat there was a conflict of interest in voting on this item, having worked for Vail Resorts. Galen Aasland stated that the provision of parking of Vail Resorts parking on this site was preferable to the use of the parking structure. Brian Doyon stated that there was a need to limit the parking to 7Q spaces, although he would be amenable to looking at a parking management plan. Galan Aasland asked if there was any additional public comment. Dick Cleveland asked for clarification of the use of the lot for employee parking. Brent Wilson stated that vehicle storage is a conditional use on this site and that the use of . the space for employee parking would falb under the category of vehicle storage. Dick Gleveland noted that the site needs to be cleaned up. He also noted that it was positive that the abandoned vehicles were being removed. He agreed that improving the vehicle access between Fitz and Gaylord and Vail Resorts would also be a benefit. 4 Approved 811 ~J01 Brian Dayon Hated that Fitz and Gaylord have an excessive amount of fill near (some trees). He stated that there should be an additional condition that this material be removed in addition to refuse that has been accumulating on the site. Brian stated that he was agreeable to the site being use for vehicle storage. Brian asked Brian McCartney how long it would take to reloca#e the entry. Mr. McCartney said that it would not take more than a few days, but well within the 6D or 45- day time limitation. Brian Dayon asked that the condition that storage of junk be prohibited for both conditional use permits. Doug Cahill stated that the berm should be extended by 75 fee#. Doug noted that the trees should be protected. He added tha# a stormwater management plan be created to deal with waste ar hazardous materials and impacts on waterways. Doug did not think the number of vehicles should be limited but that they needed to be adequately screened. John Schofeld agreed with the comments of his fellow Commissioners, Galen Aasland stated that there should be a contingency for reviewing the conditional use permit in terms of the number of spaces if the situation gets out of hand in the future. Brent Wilson asked if the PEG wanted to modify the condition regarding the berm, if the existing access was to be removed. Brian McCartney stated that he wanted to maintain the access in case needed in the future. Brian Dayon stated that if the berm would not be continued across the access then additional water quality and debris flow issues would need to be addressed. Brian McCartney said he would investigate the drainage issue. Brian Doyon made a motion to approve the conditional use permit for Fitz and Gaylord, subject to the cvndi#ons and findings in the staff memorandum, with the addition of the condition that the applicant remove debris and clean up the area to the north adjacent to the trees, within a 60-day time frame. Jahn Schofield seconded the motion. The motion carried ti-D. Jahn Schofield made a oration to approve the conditional use permit for Vail Resorts, subject to the criteria, fndings, and conditions noted in the staff memorandum, with the modification of condition 3 to read that the site should Hat exceed site capacity and with the added condition that access to the site be gained through the adjacent site within a 6t7-day time frame and that the conditional use permit be granted for two years. Brian Dayon requested that the motion be modified to add that no junk or debris be stored on-site. John Schofield agreed. Brian Dayon asked that a swale be added to the existing access paint. Brent Wilson reviewed the motion with amendments. The motion carried 6-0. Approved 8113101 4. A reques# for a recommendation to the Town Council to amend Sections 12-7H-3C, 12-7H- 48, i2-71-~C, and 12-71-4B, Vail Town Code, to allow far commercial ski storage as a conditional use on the first and second floors of buildings in the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts, and to amend Section 12-2-2, Vail Town Code to add a definition of "pedestrian way." Applicant: Town of Vail Planner: Allison Ochs Allison Ochs gave an overview of the staff memorandum. She stated that this item had been reviewed previously and that staff was now requesting a final recommendation to the Town Council from the Planning and Environmental Commission. She outlined the changes that had been made to the memorandum since the Planning and Environmental Commission had reviewed the item previously, This included the feedback received from the Town Council worksession to review the proposal.. Galen Aasland asked for public comment. Jonathon Greene spoke on behalf of Vail Resorts. He noted that there needed to be consideration far the type of storage to be allowed. He noted that there is short-term outdoor storage and long-term storage. He suggested that the market could control the amount of ski storage because it would not be financially feasible to have storage be the majority of the use of a business, He stated that storage is a great benefi# for guests. Galen Aasland asked for clarification on the type of storage being reviewed. Allison Ochs stated that the proposal was only to review indoor storage. Joe Macy spoke on behalf of Vail Resorts. He noted his frustration in having to deal with vertical zoning with respect to ski storage. He added that it needed to be easier for guests to store their gear, inside and out. He could not provide a demonstration because he didn°t bring ski boots along. Brian suggested tha# the guest be responsible for mandating the parameters for ski storage. Galen Aasland noted that Vail 'Resorts had done a poor job of managing outdoor ski storage in the past. He noted that it needed to be easy for the guest but it needed to be done aesthetically. He then asked for additional public comment. Jeff Babb spoke on behalf of Vail Resorts. He noted that the ski storage business in Lionshead is in the toilet. He suggested that the business has not been located somewhere accessible to guests, unlike in the Village. He added that ski storage should not be hidden from public view. Jvna#hon Greene agreed that ski storage should be aesthetic, but that it is also a business and needs to be accommodated in order to be successful. Doug Cahill noted the changing needs of the guest and need to adapt to these needs. He suggested that there should be no limitation to the extent of the use indoors. John Schofield agreed with Doug. He referred to the recent retail survey which determined that the market should be allowed to regulate uses. He stated that the definition should be consistent with the UBC and that the ski storage should be a use by right on all levels. Dick Cleveland stated that retail merchants should decide how to run their businesses. He 6 Approved 8f13fD1 stated that the use should be accessory and not conditional and that again, the mar4cet should determine uses. Brian Doyon stated that ski storage needs to be a conditionaR use permit because though the use is inside, there is an effect outside and there will be an impact on the town. in terms of the extent of the use indoors, he stated that the market can control this effectively. He noted #hat the definition of street level and first floor should be consistent, sa that Dominic can no# use this to his benefit in the future. Galen Aasland stated that the definition should. be simple. He added that ski storage should be a conditional use with no time limit. He noted thaf transparency should be maintained. Allison Ochs summarized the Commissioners' comments, Russ Forrest elaborated. The PEC took a straw poll to determine whether ar not the proposal should include the Village and whether the use should be accessory or conditional. The straw pall was not conclusive. Allison Ochs stated that she would explore all options and that the PEC could make a decision and final recommendation at the next PEC hearing to discuss this item. Dick Cleveland motioned to table the item to August 13, 2001. Brian Doyon seconded the item. The motion carried 6-0_ 5. A review of the proposed Arts in Public Places Strategic Plan. Applicant: Town of Vail, represented by Braun Associates, Inc. Planner: Ann Kjerulf Ann Kjerulf gave an overview of the staff memorandum and the AIPP strategic Akan. Dominic Mauriello presented the AIPP's plan and the nation of site integrated art. He also discussed potential programs and funding sources for both public and private art. Galen Aasland asked for public comment. Rick Scalpello stated he thought it was inappropriate for the government to require private development to provide public art. Jonathan Greene stated the intent of the document was to inspire creative implementation of streetscaping improvements. Dick Cleveland said he supported the notion of a percent for art program. He thought the Town needs to raise its own standards for public projects. Dick said he had concems about requiring public ark as development impact mitigation, but favored the provision of incentives for developers. Dick said he'd like to see more AIPP involvement with the Community Development Department's development review process. Brian Doyon said he didn't think art should be required, but rather encouraged. He stated he thought people's tastes may vary and that one of his concems was how subjective art projects can be. He said he thought the AIPP should acquire more moneylgrants to provide art and rely less on private funding. 7 Approved 8!13101 Doug Cahill agreed with Brian's comments and said art provisions should be encouraged and not required. Doug said he supported the notion of site-integrated art. Doug suggested publiGprivate partnerships. or incentives for developers. John Schol:~eld stated the term "encourage" was the limit of the Town's authority with the provision of art from private sources. John also stated that, as a taxpayer, he did not support the "percent for art" notion. John suggested more AIPP involvement at the DRB level. Galen Aasland thanked the AIPP for doing a good job vn the plan. He said he agreed with Dick, but said he had concerns with requiring art for projects at a smaller scale and thought it may be appropriate far larger commercial projects. Galen said he thought the use of RETT funds could be difficult given constraints on their use. 6. A request for a recommendation to the Town Council to allow for an amendment to Section 12-6i-2 (Housing Zone District -Permitted Uses), Vail Town Code, to allow for the addition of "employee housing" as a permitted use in the Housing Zane District, and to amend Section 12-2-2, Vail Town Code to amend the definition of "employee housing." Applicant: Town of Vail Planner: Allison Ochs TABLED UNTIL AUGUST 13, 2001 7. A request for a recommendation to the Town Council tar the adop#ian of two view corridors within Lionshead, as identified within the Lionshead Redevelopment Master Plan. View Corridor 1 is located approximately at the main pedestrian exit looking southwest towards the Gondola lift line. View Corridor 2 is located approximately from the pedestrian plaza at the east end of the Lifthouse Lodge looking south up the Gondola lift line. Amore specific legal description of the two view corridors is on file at the Community Development Department. Applicant: Town of Vail Planner: Allison Ochs Allison Ochs presented the history of the proposed corridors as part of the Lionshead Redevelopment Master Plan and the direction received from the Town Council thus far. She explained the exact locations proposed. She also read the criteria used for evaluation of the proposed view corridors. Galen Aasland and John Schofield inquired about the location of the view corridors with regard to private property lines. They requested that the surveyor superimpose setback and property lines on the property map. Estaquio Cortina thanked the PEC for all of their volunteer work. He requested that the surveyor superimpose the setbacks and property lines onto the map for view corridor #2. He suggested the view corridor be amended so it corresponds to the building setback lines. Larry Barnes from Vail Home Rentals said there was no problem with View Corridor #1 but said View Corridor #2 should be amended io reflect setback lines. He had some concerns with the ability to vent mechanical equipment or expanding condominiums into the corridor. There was no other public comment. Doug Cahill requested the additional overlay lines on the map. John Schofield agreed and also asked for build-to lines. Approved Sf13/01 Dick Cleveland agreed. Brian Doyon agreed and added a concern about following the outline of the buildings, rather than using a straight line to delineate the corridors. He said it would be better to use a straight line. John Schofield moved to table the item to the next meeting. Doug Gahill seconded. The motion passed 5-{~. 8. A request for a final review and a recommendation tv the Vaii Town Gouncil an the Tawn of VaiE's proposed Meadow Drive streetscape improvement project, located at EastlWes# Meadow Drive, Vail Village. Applicant; Town of Vail Planner: George Ruther Brian Doyon moved to table the itemuntil August 27, 2001. John Schofield seconded. The motion passed 6-0. TABLED UNTIL AUGUST 13, 2001 9. A request for a final review of a minor subdivision proposal, located at 3834 8 3838 Bridge Road! Lots 11 ~ 12, Bighorn Subdivision 2"d Addition. Applicant: Gary Weiss, represented by Steve Riden, Architect Planner: Ann Kjerulf TABLED UNTIL. AUGUST 13, 2001 10. A request for a final review of a minor subdivision proposal, located at 3816, 3$26, and 3828 Bridge Road/ Lots 8, 9, & 10, Bighorn Subdivision 2"d Addition. Applicant: Jeff Dahl and June Frazier, represented by Steve Riden, Architect Planner: Ann Kjerulf TABLED UNTIL AUGUS7 13, 2001 11. Approval of June 2b, 2001 and. July 9 , 2001 minutes 12. Information Update Performance Bond Process. -update PEC attendance G~ APA Conference RSVP deadline 7130101 The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located of the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. 4