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2001-1008 PEC
Public notice PLANNING AND ENVIRONMENTAL COMMiBSWN PUBLIC MEETING SCHEDULE Monday, October 8, 2001 Public Hearing Town Council Chambers • 2:00•p.m. t An appeal of an arfminislrattvo determine- lion raga 17 the procadwal raquirementa -for an appiicntlan !or subdivisior of 'the Fiatirldae Par- cel' a Part of Lat 1, Sunburst Filing No, , a por- tion of laird adjacent to the Vail noff Course TOwnhomes in the 1500 block of Gall Terraoo. A graphic map description is atfachad for reference. Specifically, the aPpaal involves a staff dstarrni• nation that the sutxlivision of laild.within 0 rerxea- t'Wna1 easoment requires a Major Sppeeccial Devel- opmanf Distrfet AmondmerR to trier Fef ridge 5po- clal Drilmiopmerl Dlstrld Apoeiiani: Fallrlddgyea Community Association represented by Boronhaunr. Viainshiank and Ea. son, P.C. Planner: &ant Wilson 2. A request for a varlanca from 5nction 12- 7H•10 ( "Salbacks,i, Va!I Town Code at the Llon'e Square Lodge located at 660 West Lionshead Piacall crt 1, Vail Ironshead tat Filing. pliceint: Lion's Square Ludge P annex. Bill Gibson 3. A request for a tart amendment to the Heavy Service Zone District to allow for the adds• tion Of muff pte -farrq dweting units end Type ti employee housing units as conddional uses, to aIInX Or amenrtezi setback raqulremenis to allow Ior an amended maximum butlOng holght and setting forth additional details in regard thereto. ApplioafW Xptne Ventures represeMw by FhWon Pierce Architects Planner: Brent Wilson 4. A request for a modification to the %X1 year floodplain to allow for atreambank stabilizer- ton improvements to the Gore Creek4lraambank in Slepherls Pgrk, 24110 Blocs of South Frontage Read West(Unpiatted. A oarnpplIale metes and bounder legal description fa availabe fcr roview`at the Commurilly Develo ment. Dopartment. piicanl: Town ul Vail represented by Tom Kassrnei Planner: Allison Ochs 5. A request for a rezoningg from `Special fla- valapmerrt District No. T0' to `Housing Zone Cis- We located at Timber Riche Village, 3280 North Frontage Road West(Lots 1 through C-9, Lion• Bridge Filing No t- ArrPficant. Town of Vail PPilanner: Aillsor Ochs WITHDRAWN 6. Approval of September 24; M- minutes. 7. it formation Update. The applications and infomaton about the proposals are available for public inspection dur• ing regular office hours In ft project planner's ofe rice iocaled at tho Town of Vail Cornmtknity De- velopmenl Department, 75 Sbuttt Frontage Roed. The public la invited to atfsnd protect orientation and the site visits that precede the public hearing in the Town of Vail Community Development Dr, parlmeni, Please call 479.2139 for Information. Sign language Interpretation available upon re- quest with 24,hour nottlication. Please call, 479- 2356, Telephone for the Hearing Impaired. for In. formaticn. TOWN OF VAIL DEPARTMENT OF COMMUNITY DEVELOPMENT Published In The Vail JYalf on October 5, 2001 • • THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of e4o Vail will hold a public hearing in accordance with Section 12 -3 -6 of the Municipal Code of the Town of Vail on October 8, 2001, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a text amendment to the Heavy Service zone district to allow for the addition of fractional fee units and Type III employee housing units as conditional uses. Applicant: Alpine Vantures, represented by Fritzlen Pierce Architects Planner: Brent Wilson A request for a variance from Section 12 -7H -10 ( "Setbacks "), Vail Town Code, at the Lion's Square Lodge located at 660 West Lionshead Place /Lot 1 Vail Lionshead First Filing, First Addition Applicant: Lion's Square Lodge Planner: Bili Gibson The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 479 -2138 for information. Sign language interpretation available upon request with 24 -hour notification. Please call 479- 2356, Telephone for the Hearing impaired, for information. Community Development Department Published September 21. 2001 in the Vail Trail. 1 TOWN O*VAILL A THIS ITEM MAY AFFECT YOUR PROPERTY 2!;Ap PUBLIC NOTICE Z NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12 -3 -6 of the Municipal Code of the p g p 10 Town of Vail on October 8, 2001, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a text amendment to the Heavy Service zone district to allow for the addition of fractional fee units and Type III employee housing units as conditional uses. Applicant: Alpine Ventures, represented by Fritzlen Pierce Architects Planner: Brent Wilson A request for a variance from Section 12 -7H -10 ( "Setbacks "), Vail Town Code, at the Lion's Square Lodge located at 660 West Lionshead Place /Lot 1 Vail Lionshead First Filing, First Addition Applicant: Lion's Square Lodge Planner: Bill Gibson A request for a modification to the 100 -year floodplain to allow for streambank stabilization improvements to the Gore Creek streambank in Stephens Park, unplatted. A complete metes and bounds legal description is available for review at the Community Development Department. Applicant: Town of Vail, represented by Tom Kassmel 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 Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 479 -2138 for information. Sign language interpretation available upon request with 24 -hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published September 24, 2001 in the Vail Daily. *VAIL TOWN O PLANNING AND ENVIRONMENTAL COMMISSION Go PUBLIC MEETING SCHEDULE Monday, October 8, 2001 PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Site Visits : MEMBERS ABSENT 1. Lion's Square Lodge — 660 West Lionshead Place 2. Stephen's Park — 2400 Block of S. Frontage Rd. West Driver: Brent A C� 12:00 pm 1 :15 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 1. An appeal of an administrative determination regarding the procedural requirements for an application for subdivision of "the Fallridge Parcel," a Part of Lot 1, Sunburst Filing No. 31 a portion of land adjacent to the Vail Golf Course Townhomes in the 1600 block of Golf Terrace. A graphic map description is attached for reference. Specifically, the appeal involves a staff determination that the subdivision of land within a recreational easement requires a Major Special Development District Amendment to the Fallridge Special Development District. Appellant: Fallridge Community Association, represented by Berenbaum, Weinshienk and Eason, P.C. Planner: Brent Wilson 2. A request for a variance from Section 12 -7H -10 ( "Setbacks "), Vail Town Code, at the Lion's Square Lodge located at 660 West Lionshead Place /Lot 1, Vail Lionshead 1y` Filing. Applicant: Lion's Square Lodge Planner: Bill Gibson 3. A request for a text amendment to the Heavy Service zone district to allow for the addition of multiple- family dwelling units and Type III employee housing units as conditional uses, to allow for amended setback requirements, to allow for an amended maximum building height, and setting forth additional details in regard thereto. Applicant: Alpine Ventures, represented by Fritzlen Pierce Architects Planner: Brent Wilson TOWN *VALLL 4. A request for a modification to the 100 -year floodplain to allow for streambank stabilization improvements to the Gore Creek streambank in Stephens Park, 2400 Block of S. Frontage Rd. West/Unplatted. A complete metes and bounds legal description is available for review at the Community Development Department. Applicant: Town of Vail, represented by Tom Kassmei Planner: Allison Ochs 5. A request for a rezoning from "Special Development District No. 10" to "Housing Zone District" located at Timber Ridge Village, 1280 N. Frontage Rd. West / Lots C -1 through C -5, Lionsridge Filing No. 1. Applicant: Town of Vail Planner: Allison Ochs WITHDRAWN 6. Approval of September 24, 2001 minutes 7. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479 -2138 for information. Sign language interpretation available upon request with 24 hour notification, Please call 479 -2856, Telephone for the Hearing Impaired, for information. Community Development Department Published October 5, 2001 in the Vail Trail. r� • • PLANNING AND ENVIRONMENTAL COMMISSION of PUBLIC MEETING RESULTS Monday, October 8, 2001 PROJECT ORIENTATION 1- Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT MEMBERS ABSENT Galen Aasland Chas Bernhardt Dick Cleveland Diane Golden Brian Doyon John Schofield Doug Cahill Site Visits : 1:15 pm 1. Lion's Square Lodge — 660 West Lionshead Place 2. Stephen's Park — 2400 Block of S. Frontage Rd. West Driver: George Public Hearin - Town Council Chambers 2:00 pm 1. An appeal of an administrative determination regarding the procedural requirements for an application for subdivision of "the Fallridge Parcel," a Part of Lot 1, Sunburst Filing No. 3 1 a portion of land adjacent to the Vail Golf Course Townhomes in the 1600 block of Golf Terrace. A graphic map description is attached for reference. Specifically, the appeal involves a staff determination that the subdivision of land within a recreational easement requires a Major Special Development District Amendment to the Fallridge Special Development District_ Appellant: Fallridge Community Association, represented by Berenbaum, Weinshienk and Eason, P.C. Planner: Brent Wilson MOTION: Brian Doyon SECOND: Dick Cleveland VOTE: 4 -0 OVERTURNED STAFF DECISION 2. A request for a variance from Section 12 -7H -10 ( "Setbacks "), Vail Town Code, at the Lion's Square Lodge located at 660 West Lionshead Place /Lot 1, Vail Lionshead 15' Filing. Applicant: Lion's Square Lodge Planner-, Bill Gibson MOTION: Brian Doyon SECOND: Doug Cahill VOTE: 4 -0 TABLED TO OCTOBER 22, 2001 ,ti TOWN OF VAIL 3. A request for a text amendment to the Heavy Service zone district to allow for the addition of multiple- family dwelling units and Type III employee housing units as conditional uses, to allow for amended setback requirements, to allow for an amended maximum building height, and setting forth additional details in regard thereto. Applicant: Alpine Ventures, represented by Fritzlen Pierce Architects Planner: Brent Wilson WORKSESSION — NO VOTE 4. A request for a modification to the 100 -year floodplain to allow for streambank stabilization improvements to the Gore Creek streambank in Stephens Park, 2400 Block of S. Frontage Rd.. West /Unplatted. A complete metes and bounds legal description is available for review at the Community Development Department. Applicant: Town of Vail, represented by Tom Kassmel Planner: Allison Ochs MOTION: Brian Doyon SECOND: Doug Cahill VOTE: 4 -0 TABLED TO OCTOBER 22, 2001 A request for a rezoning from "Special Development District No. 10" to "Housing Zane District" located at Timber Ridge Village, 1280 N. Frontage Rd. West / Lots C -1 through C -5, Lionsridge Filing No. 1. Applicant: Town of Vail Planner: Allison Ochs WITHDRAWN 6. Approval of September 24, 2001 minutes 7. Information Update 2 it 0 MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: October 8, 2001 SUBJECT: An appeal of an administrative determination regarding the procedural requirements for an application for subdivision of "the Fallridge Parcel, " a Part of Lot 1, Sunburst Filing No. 2 l a portion of land adjacent to the Vail Golf Course Townhomes in the 1600 block of Golf Terrace. A graphic map description is attached for reference. Appellant: Fallridge Community Association, represented by Berenbaum, Weinshienk and Eason, P.C. Planner: Brent Wilson I. UPDATE ON DEVELOPMENTS SINCE THE SEPTEMBER 24TH MEETING This item was tabled on September 24" pending the receipt of the easement instrument (and associated legal description) in question from the applicant. The easement in question is the recreation easement referenced on the applicant's subdivision plat submittal, After thoroughly researching the title work and the Town's records on the subject property, staff has determined the following:. The easement instrument and legal description establishing the recreation easement (as referenced by the surveyor on the subdivision plat) do not exist. • The only encumbrance on the title that involves an area set aside for recreation purposes is contained within the Fallridge Condominium Declarations_ The appellant has successfully verified the area in question lies outside the land area referenced in these declarations. • The Town's records (including all relevant Planning and Environmental Commission and Town Council meeting minutes) contain no references to the specific land areas to be set aside for recreation or open space purposes. ■ The ordinance adopting Special Development District #8 references only an area of "approximately two acres" to be set aside for recreation purposes. Staff believes the area referenced in the condominium declarations contains approximately two acres. SUBJECT PROPERTY The subject property is described graphically on the attached map. • III. STANDING OF APPELLANT 0 The appellant is the owner of the subject property. IV. BACKGROUND AND DESCRIPTION OF THE REQUEST Description of the Request The appeal before the Planning and Environmental Commission (PEC) involves a request to subdivide a new parcel of buildable land within an area that appeared to be encumbered with a recreational easement as a condition of Special Development District #8 in 1977. The applicant's request would allow for a new lot along Golf Terrace with residential building potential. The Department of Community Development made an administrative determination that a change in use and a vacation of the recreational easement will require an Application for Major Special Development District Amendment in addition to an Application for Minor Subdivision Review. Pursuant to Section 12 -3 -3, Vail Town Code, the applicant has filed an appeal of staff's administrative determination and is requesting a determination by the PEC. Staff's determination was based upon two items: 1) a reference on the applicant's subdivision plat submittal to a recreation easement on the property, and 2) a graphic indication on a Shapiro Development site plan showing a recreation easement on the property. The purpose of this hearing is not to evaluate the merits of the subdivision request, but rather to identify the appropriate procedural avenue for the applicant's request. History of the Property_ The Fallridge Special Development District (SDD) was adopted via Ordinance No. 17, Series of 1977. Ordinance No. 17 prescribed the development standards for the Fallridge SDD and applied a zoning designation to the adjacent Vail Golf Course Town Homes property of "Low Density Multiple Family" with an allowable density derived from the "Residential Cluster" zone district. Although the SDD ordinance identified the Fallridge building footprint as the SDD boundary area, the ordinance contained many provisions for the land areas directly outside the Fallridge building footprint. The subject property lies within the context area zoned under Ordinance No. 17, Series of 1977 and is located adjacent to the Fallridge building and the Vail Golf Course Town Houses. The ordinance adopting the Fallridge Special Development District (Ordinance 17, Series of 1977) contains a requirement for the provision of recreational amenities on a land area of "approximately 2 acres adjacent to SDD8 ... subject to approval by the Town." Site plans on file (copy attached) for the Fallridge and Vail Golfcourse Townhouses properties indicate, as required under the ordinance, that a 2.289 acre area was dedicated to recreation uses and encumbered with a recreational easement. Additionally, in response to this requirement, the Fallridge Condominium Declarations (recorded December 9, 1977) indicate an identical area totaling 2.289 acres was dedicated to recreation uses for the benefit of the association. The Fallridge Community Association chose to vacate this easement through the Eagle County Clerk and Recorder's Office in 2001. The Department of Community Development determined all areas lying under the recreational easement (as shown on the applicant's plat and the Shapiro Development 2 • Site Plan) required by the SDD fall under the context and conditions of the SDD. Pursuant to Section 12 -9A -2, Vail Town Code, "any proposal to change uses, change the number of dwelling or accommodation units, or modify ... any approved special development district" constitutes a major amendment request. Therefore, the Department of Community Development has requested an Application for a Major Special Development District Amendment in addition to an Application for Minor Subdivision for this proposal. IV. NATURE OF THE APPEAL The appellant's statement of the appeal has been attached for reference. V. REQUIRED ACTION Uphold/Overturn/Modify the administrative determination. The Planning and Environmental Commission is required to make findings of fact in accordance with the Vail Town Code: The Planning and Environmental Commission shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (Zoning Regulations, Title 12) have or have not been met. VI. STAFF RECOMMENDATION Staff's administrative determination was based upon the reported existence of a recorded recreation easement on the property. However, the following facts have been established since that determination was made: 1. The Town's records on the subject contain no information about the location of the required recreation amenities; and 2. Schedule B of the title report for the subject property and a subsequent title search indicate a true easement was never recorded for the property; and 3. The Fallridge Condominium Declarations (the only document referencing a recreation easement) encumbered a land area that does not include the subject property. 3 Based on these recent conclusions, staff recommends the Planning and Environmental Commission overturn the Department of Community Development's administrative determination, subject to the following finding of fact: That the standards and conditions imposed by the requirements of Title 12 (Zoning Regulations) have been met with the applicant's proposal. 2. New evidence that was previously unavailable has a material impact on the issues under consideration. • • 4 m OL L m U. F [a) c i 0 0. 2 0 C- 0 0 El �z to LL r uj t:L- \ o;� co O co T r C W u co D _I qr � L1. ' ti F'� T z� L� PQ r CD Z D C'4 � r � r T r r LO CN T LO co O T• r_ V) T T .0 0 • TOWN OF VAIL[3/ Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970- 479 -2138 FAX 970- 479 -24.52 www.cLvail.co.us July 25, 2001 FILE COPY Mr. H. Michael Miller Berenbaum, Weinshienk & Eason, P.C. 370 Seventeenth Street Republic Plaza, Suite 2600 Denver, CO 80202 -5626 Re: "Fallridge Parcel" —A resubdivision of Part of Lot 1, Sunburst Filing No. 3 Michael: Please accept this letter as the Town of Vail Department of Community Development's "administrative determination" on the issue of procedural requirements for an amended development plan for the above - referenced property. As you are aware, the ordinance adopting the Fallridge Special Development District (Ordinance 17, Series of 1977) contains a requirement for the provision of recreational amenities on a land area of "approximately 2 acres adjacent to SDD8 ... subject to approval by the Town." Site plans on file (copy-attached) for the Fallridge and Vail Golfcourse Townhouses properties indicate, as required under the ordinance, that a 2.289 acre area was dedicated to recreation uses and encumbered with a recreational easement. Additionally, in response to this requirement, the Fallridge Condominium Declarations indicate an identical area totaling 2.289 acres was dedicated to recreation uses for the benefit of the association. Please refer to Exhibit B (attached) for additional details. It is clear that the land areas placed under a recreational easement totaling 2.289 acres adjacent to the Fallridge Condominiums are the land areas referenced in the ordinance adopting Special development District #8. Pursuant to Section 12 -9A -2, Vail Town Code, "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..." constitutes a major amendment to the approved special development district. The Department of Community Development has determined this request to modify the approved special development district constitutes a "major amendment ". Therefore, the appropriate procedural avenue for the subdivision of the above- referenced property involves an Application for a Major Special Development District Amendment and an Application for a Minor Subdivision. aRECYCLEDPAPER Pursuant to Section 12 -3 -3, Vail Town Code, your client has the right to file an appeal of staff's administrative determination between August 13, 2001 and August 23, 2001. An appeal of staff's administrative determination would be heard by the Town of Vail Planning and Environmental Commission at a public hearing to be scheduled within thirty (30) calendar days of the filing of the appeal. I am enclosing Section 12- 3 -3(B), Vail Town Code, for you information as well as an Application for Appeal of Administrative Actions. If you would like to discuss this matter in greater detail, please contact me at (970) 479- 2140. Sincerely, Brent Wilson, AICP Senior Planner • • LEGAL DESCRIPTION RECREATION PARCEL A part of the North half of the North half of Section 9, Township 5 South, Range 80 West of the Sixth Principal Meridian, Town of Vail, County of Eagle, State of Colorado, more particularly described as follows: Commencing at a point from which the Northeast corner Section 9 bears N58 021133 " E, 1855.80 feet, said point the Tr - P ` ue thence N oznt 28 007101" of Beginning; yj, 133.52 feet; thence N 31 °52159 " E, 25.40 feet; thence N 58 °07'01'" W, 111.00 feet; thence S 31 052159" W, 57.12 feet; thence N 88 007'01 "' W, 91.24 feet; thence N 28 °07'01 " W, 117.12 feet; thence S 61 052'59" W, 111.00 feet; thence S 28 007'01 " E, 122.45 feet; thence N 89 023141 "" W, 220.00 feet; thence N 00 0361191" E, 168.83 feet; thence N 81941 130 " E, 506.20 feet line of Sunburst Drive; th e " Of said being along the South .right -of -way ence S 22 02 08' E, 204.78 feet; thence S 64 022'51° E, 86.00 feet; thence S 14 007'01 " E, 120.13 feet; thence N 88907'01" W, 54.00 feet; thence Id 671147155" W, 51.91 feet to the True Point of Beginning, containing 2.289 acres, more or less. • • :7 i1 LJ • • NATURE OF APPEAL The subject property is not now and has never been a part of the recreation amenities parcel to be provided by the developer in accordance with section 18.41 .070 of Ordinance No, 17, Series of 1977 (the "Ordinance "). The correct Iegal description of the designated recreation amenities parcel of approximately two acres which was provided by the developer pursuant to the Ordinance and is administered by the applicant, is set forth in Brent Wilson's letter to Mike Miller dated July 25, 2001. This legal description does not contain the subject property. Consequently, the subdivision of the subject property does not modify SDD No. 8 and does not constitute a "major amendment" of this SDD requiring an application for a Major Special Development District Amendment. Even if one assumed for the sake of argument that the subject property was the recreation amenities parcel set forth in the Ordinance, the subdivision of this property would not require a; "Major Amendment to a Special Development District ". Section two (2) of the Ordinance rezoned the land zoned SDD No. 1 into three zone districts, Low Density Multiple Family, Special Development District No. 8 and Public Use District. The subject property was zoned Low Density Multiple .Family. It is not a part of SDD No. 8 and the subdivision of this property would not require a major amendment to SDD No. S. THIRD AMENDMENT TO DECLARATION OF is PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR FALLRIDGE RECREATIONAL FACILITIES THIS THIRD AMENDMENT to the Declaration of Protective Covenants, Conditions and Restrictions for Fallridge Recreational Facilities is made as of November 30, 1999. ARTICLE 1. RECITAL 1.1 Fallridge Community Association, Inc., a Colorado non - profit corporation ( "Association ") is the owner of certain property located in Eagle County, Colorado which is described as part of Lot 1, Sunburst Filing No. 3, Eagle County, Colorado ( "Association Property„). 1.2 The Association Property includes a parcel of approximately .31 acres more particularly described on Exhibit A attached hereto and made a part hereof by this reference (hereinafter referred to as the "Release Property "). 40 1.3 The Association Property is subject to a Declaration of Protective Covenants, Conditions and Restrictions for Fallridge Recreational Facilities recorded December 9, 1977 in Book 263 at Page 429 of the records of the Clerk and Recorder of Eagle County, Colorado, and Amended Declaration recorded January 25, 1978 in Book 265 at Page 986, and further amended by document recorded October 5, 1978 in Book 276 at Page 283 (the original Declaration, together with the amendments, are herein collectively referred to as the "Declaration "). 1.4 The Declaration provides that the Association Property is subject to a recreation easement as set forth in the Declaration. 1.5 The undersigned, constituting 80 % of the lot or condominium unit owners who are members of the Association, desire to amend the Declaration to exclude the Release Property from the terms of the Declaration. 1.6 The undersigned further desire to amend Section 3.1 of the Declaration by adding thereto the right of the Board of Directors to sell or lease all or any part of the Release Property. NOW, THEREFORE, the undersigned hereby amend the Declaration as follows: is 0 • ARTICLE 2. AMENDMENT 2.1 The release Property as described on Exhibit A attached hereto and made a part hereof is hereby excluded from the terms and conditions of the Declaration, and the Declaration shall be of no further force or effect as to the Release Property from and after the date of the recording of this Amendment executed by 80% or more of the members of the Association and approval of the holders of mortgages or deeds of trust of at least 80% of the Lots or Condominium Units. 2.2 Section 3.1 of the Declaration is hereby amended by amended by adding thereto the following subsection (f): (f) The right of the Board of Directors, in their discretion, to sell or lease and convey the Release Property on terms and conditions they deem appropriate and which they deem are in the best interests of the Association. IN WITNESS WHEREOF, the undersigned has executed this Amendment as of the date first above written. STATE OF COUNTY OF ss. The foregoing instrument was acknowledged before me this , 1999, by WITNESS my hand and official seal, My Commission Expires: H: OOCSL CL SENTVtE1PALLRLIDGiAMEDECL4.WPD (sld 7!2101) 2 Notary Public day of Lam' • r� Ld cc in f, O co s w O z Cc 9 S 4 4 Z Q J i Q U . id'x �,a art ) r �R" ti� i�F•�'e � �'",�1 ars ! - 1A, Mlltz i f 7 K yk N Cam'} �,:..+i°" -�� �'�' "' t :.1 ��F' y/._ _ _ .- •r+°�"� '{�i 1�+Y��`'�� �$$+^�i°;�°'R���'$�' r�J ; '.rYk 91b W'. 4Aw�lNM+encr�►;,t nx n41 GOLF Fop_ � �.• ��J � +.J v r SPECIAL DEVELOI' LNT DISTRICT S - (SDDS) Chapter 18.41 SPECIAL DENTLOPMENT DISTRICT S (SDDS) Sections: 18.41.0I0 Purpose. 18.41.020 Established. 18.41.030 Permitted uses. 18.4I.040 Conditional uses. 18.41.050 Accesson• uses. 13.4I.060 Development standards. 18.41.070 Recreational amenities. 18.41.010 Purpose. Special development district 8 is established to ensure comprehensive development and use of an area in a manner that will be harmonious Mth the general character of the town, provide adequate open space and recreational amenities, and promote the objectives of the zoning ordinance. The development is regarded as complementary to the town by the town council and the planning commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of standard districts on the area,. (Ord. 17(1977) § 3 (part).) 40 18.41.020 Established, A- Special development district 8 is established for the development of multifamily dwelling and commercial enterprise on a parcel of land comprising one and three - tenths acres in the formerly created SDI area of the town, special development district 8 and said one and thr,:e- tenths acres is referred to as SDDS. B. The existing bui ding consisting of seventy -one dwelling units contains approximately eighty -five thousand square feet of gross residential floor area and approxirnaiely five thousand two hundred fifty square feet of commercial space, and one hundred forty -three underground parking spaces. and shall be included in SDDS. (Ord. 17(1977) § 3 (part).) 391-1 Mil 4- 30-77) 1.- 0' ZONING 18.41.030 Permitted uses. In SDDS (e.xisting building), the following uses shall be permitted: A. Multiple -family residential dwellings; B. Accessory retail and restaurant and service establishments not occupying more than five thousand two hundred fifty square feet including the following: Apparel stores, _ Art supply stores and ¢alleries, Bookstores, Camera stores and photographic studios, Candy stores, Chinaware and glassware stores, Specialty food stores, Florists, Gift stores, Hobby stores, 7eweL -y stores, Leather goods stores, liquor stores, Ne%vsstands and tobacco stores, Sporting goods stores, Stationer'., stores, Toy stores, Variety stores, Barbershops. Beauty shops, Travel and ticket agencies, Delicatess:ns with food service, Cocktail lounges, taverns and Tears, Coffee shops, Fountains and sand%%ich shops, Restaurants; C. The leasing or selling of excess parking spaces in order to attempt to accommodate automobiles generated by development on adjoining property; D. Additional businesses or services determined to be similar to permitted uses in accord with the provisions of Section 18.66.040. (Ord. 17(1977) § 3 (part).) (Vail 9-30-77) 392-2 10 I T . SPECIAL DEVELOP. %1l:ti-T DISTRICT & (SODS) 4 18.41.040 Cunditianal uses. In SDDS the follovina conditional uses shall be I;c;mittcd subject to the issuance of a conditional use permit in accord with the provisions of Chapter 18.60: A. Public utility and publFC s'rvice use.; B. Public building, goun._-:s and facilities; G Public or private shcoc:s; D. Public park and recrea:ion;1 facilities-, E. Meeting rooms. (Ord. 170 977) § 3 (pa- F. Major arcade, s3 long as it does not have any exterior frontage on an,, public way, street, walkway, or mail i 18.41.050 Accessory uses. area (Ord 6, 1982,' In SDDS the following accessory uses shall be permitted: A. Indoor and outdoor recreational facilities, including but not limited to, s%%imminR pools and tennis courts; B. Home occupations, subject to issuance of a home occupation permit in accord with the provisions of Section 18.55.130; C. Other uses customarily incidental and accessory to f permitted or conditional uses and necessary for the operation thereof. (Ord. 17(1977) § 3 (part).) D. Minor arcade (Ord 6, 1982) 18.41.060 Development standards. General density plan of SDDS, existing building t maximum gross residential floor area (square feet) ............. 85,000 Maximum number of dwelling units ... , ... , .. 71 Maximum cross commercial floor area (square feet) ................... 5,250 Underground parking spaces ........ ... . 143 (Ord. 17(1977) § 3 (Part).) 18.41.070 Recreational amenities. The developer shall provide a parcel of hind of approxiinatcly two acres from land adj,,cent to SDDS, presently owned by it and not necessarily conti�,tjous to the SDDS, wlliclz 392-3 (Vail 9.30 -77) i 4r a fe ZONING parcel shall be used for recreational amenities to be provided by the developer, and determined jointly by the developer of SDDS and the developer of said adjacent land subject to approval by the town. The owners of dwelling units located within SDDS shall be entitled to use such amenities pursuant to the rules and regulations of the homeowners' association governing the recreational amenities parcel of which all owners of dwelling units in SDDS and on said adjacent land are members. (Ord. 17(1977) § 3 (part).) (va4 9 -30-77) 392-4 • MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: October 8, 2001 SUBJECT: A request for a rear setback variance from Section 12 -7H -10 ( "Setbacks "), Vail Town Code, to allow for an addition to the existing Lion's Square Lodge, located at 680 West Lionshead Place /Lot 1, Vail Lionshead 1" Filing. Applicant: Lion's Square Lodge Condominium Association Planner: Bill Gibson I. INTRODUCTION Due to the unique issues associated with this request and ongoing negotiations between the Lion's Square Lodge and an adjacent property owner (i.e. Vail Resorts, Inc.), staff is recommending that the Planning and Environmental Commission treat this item as a work session at this time with the following purpose: • To present this proposal to the Planning & Environmental Commission and the community; and, • To inform the Planning & Environmental Commission of the issues related to the proposal; and, • To engage in a discussion to forward input on the various aspects of the proposal to the applicant and staff. II. DESCRIPTION OF THE REQUEST The applicant, Lion's Square Lodge Condominium Association, is requesting a variance from the rear setback requirements of the Lionshead Mixed Use 1 Zoning District (Section 12- 7H -10, Vail Town Code), The proposed setback variance will allow for the construction of a proposed 180 square foot single -story addition to the rear of the existing Lion's Square Lodge building, located at 660 West Lionshead Place, that will encroach into the required rear setback to the rear property line. Please refer to the applicant's attached description of the request for additional details. A vicinity map, zoning map, proposed site plan, and perspective drawing of the proposed addition have been attached for reference. Please note that pursuant to Section 12 -7H -7, Vail Town Code, exterior alterations or modifications in the Lionshead Mixed Use 1 Zone District require review by the Planning and Environmental Commission in addition to review by the Design Review Board. Due to the limited scope of this proposal, the proposed addition qualifies for an exemption from the additional review requirements of Section 12 -7H -7, Vail Town Code. 1 ti h�. TO4VV OF VAIL V • III. BACKGROUND The existing Lion's Square Lodge building is located on the property legally described as Lot 1, Vail Lionshead 1" Filing which is zoned Lionshead Mixed Use 1 Zone District and owned by the members of the Lion's Square Lodge Condominium Association. The Lion's Square Lodge's existing exterior pool and spa area located on the south side of the building is located on a separate lot legally described as Tract A, Vail Lionshead 1" Filing which is zoned Agriculture and Open Space Zone District and owned by Vail Resorts, Inc. The Lion's Square Lodge is proposing to renovate and expand some existing common areas located on the first floor at the rear of their building adjacent to the existing exterior swimming pool and spa area. These common areas are currently used as men's and women's locker rooms. The applicant is proposing to renovate the existing locker rooms and construct an addition to accommodate a new cardiovascular exercise room. The existing Lion's Square Lodge building is nonconforming with regard to setbacks, and the proposed addition will be located entirely within the required rear setback and will encroach to the rear property line of Lot 1 adjacent to Tract A. This will create a zero - setback situation between these properties. Lot 1 and Tract A currently function as one "lot or site ", however, since these properties have separate ownership and different zoning they do not meet the definition of a single "lot or site" pursuant to Section 12 -2 -2, Vail Town Code. If these two properties were jointly owned and identically zoned and therefore considered a single "lot or site ", then no variance would be required for this proposed addition to the Lion's Square Lodge building. The applicant has indicated that the Lion's Square Lodge Condominium Association intends to purchase Tract A from Vail Resorts, Inc. at an undetermined future date, however, no land transaction agreements have been made at this time. The applicant does not want improvements to their property delayed by a potential land transaction. In lieu of a transfer of ownership of Tract A, the applicant has indicated that they are finalizing an agreement with Vail Resorts, Inc. to limit the development potential of Tract A. By limiting the development potential of Tract A, the applicant intends to prevent any future building proximity concerns of the Building Code and meet the intent of the Zoning Ordinance without strictly conforming to the required setback standards on Lot 1. Due to location, this proposal is subject to review for conformance to the regulations of the Lionshead Mixed Use 1 Zone District (Section 12 -7H, Vail Town Code) and the Lionshead Redevelopment Master Plan. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission review the requested variance as a work session at this time, and table the request for final review to the Planning and Environmental Commission October 22, 2001 meeting. 0 2 • • V. REVIEWING BOARD ROLES The PEC is responsible for evaluating a proposal for: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3_ The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. Design Review Board: ,Action: The DRB has NO review authority on a variance, but must review any accompanying DRB application. The DRB is responsible for evaluating the DRB proposal for: - Architectural compatibility with other structures, the land and surroundings - Fitting buildings into landscape - Configuration of building and grading of a site which respects the topography - Removal /Preservation of trees and native vegetation - Adequate provision for snow storage on -site - Acceptability of building materials and colors - Acceptability of roof elements, eaves, overhangs, and other building forms - Provision of landscape and drainage - Provision of fencing, walls, and accessory structures - Circulation and access to a site including parking, and site distances - Location and design of satellite dishes - Provision of outdoor lighting 3 VI. ZONING STATISTICS Lot Size: 74,816 sq.ft. (1.72 acres) Zoning: Lionshead Mixed Use 1 Development Standard Allowed /Required Exi sting Proposed Remaining Setbacks: Front: 10' Sides: 10' Rear: 10' Total GRFA: 196,040 sq.ft. Site Coverage: 54,891 sq.ft. Note: All calculations are subject to verification. 20'�y 20/'(y 9'/3' 9'13' 0' 0' 73,660 sq.ft. 0 sq.ft. 41,650 sq.ft. 180 sq.ft. 122,380 sq.ft. 13,061 sq.ft. VII. CRITERIA AND FINDINGS A. Consideration of Factors Regarding the Setback Variances: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff does not believe that there is adequate information available at this time to make an informed determination on the above - listed criteria. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Staff does not believe that there is adequate information available at this time to make a determination on the above - listed criteria. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff does not believe that there is adequate information available at this time to make an informed determination on the above - listed criteria. 4 • 0 0 • • & The Planning and Environmental Commission shall make the following findings before granting a variance: That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. 5 C) M �h W f L L LU 0 CO 0 u u�1 c» c� -j w w Q LLJ t c co a C) M W L L LU 0 CO 0 u u�1 c» c� -j w w Q LLJ t c co a l t _ Z t U Z ON 1 f li • II ■I 4 l•�i� f � iTZVR ] ,I +I �t U k Y f � ° t w cn I, 1 f i }f �1 ----p Aw .1 an IS k O tj ;j r z dOHS}I80A NC1530-wall wdgE :Eo 1002- VO -130 • • ■I 4 l•�i� f � iTZVR ] ,I +I �t U k Y f � ° t w cn I, 1 f i }f �1 ----p Aw .1 an IS k O tj ;j r z dOHS}I80A NC1530-wall wdgE :Eo 1002- VO -130 • • 0 G1 O J L Cr C/) 0 CL J tCi O N • ro w E a c s` ro - E tea+ E W e c m p p 0 C7 Q m MOOM N 41 p Y '� y +' p 14 e4 lC 41 vi C N .r �'' W LL as C m E v Q .4� W •W d� JtY m (n Q N (n U m'cs y o CD U- Cl E E E cv, E `-�° �zs°.0 m cum .0 i �' ` c p r- 0 o m °'m o o o Q o or- 0� rnm; R ac+ o Qv�co0[ aIin—[�a.ix J2xa.UUU� ru<xonazinat7z ll�[]Ao IECE EEL I [Ell--J! I[ E U I IF F-1 —1 ) LO ` Y f� _ _ fi < W LU LLI m 0 W 1: LIJ to Q !A }- Z U Z Z 0 � m i d� `� LO U i LO F1 0 U i Z co cn LL_ 1 U Ufi - � Q Cpl LLfl z IT � z W co Cy �- Lo Z Z ,3 o � o p z J� LO T- C z W \y Q ('t&) atf C) W 00 to CU z c; r 04 LO �t- co LO a t. a Q wa a U©Q © r k F- Q �\ if Q ('t&) atf C) W 00 to CU z c; r 04 LO �t- co LO w N4 ualltpossd opuoZ) aBpa-1 axenbS uoil F 11 uojsuedx3 wooM o6uey� t3i } 4 j� aBpo-1 ajenbC uorl Q Lei O ti u WW h mro W -f —� Gy1} z }�Q CL Z.�bi W 2K E Z5 4 A _ �1 �8 I W , RW� � Q aR I 1 W W W tzw W u� ;z VJ I w oa F- --I 091 -d fi00 /E00 "d B8q -1 8.09891�0lB I 1� `M Ii a� IlI li I� I� I 1' k I B I Z� flo 4 J 4' 6 �R 0 s 4 1 r V A ai Ilillllff° rn �y�lllllilf III � -J ql�mllrk, 1 � s I I I I I � I l Y I rr I I `yy I I I 1 dOHSAdOM N91530 -WDJd MOVED 1002- p0 - }'0 is .0 0 Project Description 0 In the summer of 2000, Lion Square Lodge initiated an upgrade process on its member used common space amenities. The first project was the comprehensive redevelopment of the outdoor swimming pool and spa area. This proposal continues that effort, seeking to renovate the interior men's and women's locker rooms. The project will reduce the size of the locker rooms (which are currently underutilized), will create a cardiovascular exercise area, and will create a new common ingress /egress point from the exercise/ locker room onto the upper pool terrace. In order to accommodate this project, the exercise room will expand beyond the existing south wall up to the property line, not extending beyond the edge of the deck above. The project will also include the addition of a stone veneer `apron' along the south face of the building (noted on the site plan), significantly increasing the aesthetic quality of the entire building face. NOTE: The only reason for this PEC variance submittal is that the expansion, approximately 36' in length, will take the building face up to the south property line, and will technically be new construction within the building setback. It should be noted that the entire building is already within the setback, and the deck above extends out to the property line. Lion Square Lodge has received assurance from Vail Resorts, Inc (property owner of adjacent south parcel), that no construction will ever occur on that parcel, eliminating any building code proximity concerns. Compliance with Zoning and the Lionshead Redevelopment Masterplan 40 Aside from the needed building setback relief, this project is completely consistent with the LMUI zoning district and the Lionshead Redevelopment Master Plan. The Master Plan encourages individual projects to upgrade their facilities, seeing such upgrades as a benefit to those properties and to the entire Lionshead community as well. This project will enhance Lion Square Lodges ability to secure room nights, increasing the amount of guests in the Lionshead area, directly benefiting the community. It should also be noted that the Lionshead masterplan makes use of build - to lines (requiring properties to build out to their property lines) and requires movement in the vertical plane of building facades in areas where this will benefit the urban fabric and where there are no building proximity issues. While there is no build - to line on the south face of Lion Square Lodge in the Master Plan, the goals of this expansion are consistent with the reasoning behind the build to lines and other architectural design guidelines. 0 0 MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: October 8, 2001 SUBJECT: A request for a text amendment to the Heavy Service Zone District to allow for the addition of multiple - family dwelling units and Type III employee housing units as conditional uses, to allow for amended setback requirements, to allow for an amended maximum building height, and setting forth additional details in regard thereto. Applicant: Alpine Ventures, represented by Fritzlen Pierce Architects Planner: Brent Wilson I. INTRODUCTION The applicant's proposed code amendments are intended to facilitate the construction of new mixed -use projects that incorporate automotive services and residential units. The purpose of the work session meeting is to: 4 Present the preliminary proposal to the Planning & Environmental Commission and the community, Inform the Planning & Environmental Commission of the issues discussed between the applicant and staff, ■ Engage in a discussion to forward direction and input on the various aspects of the proposal to the applicant and staff. This information will be used to determine the feasibility of moving forward with a formal application for an ordinance amending the zoning regulations to allow for the proposed mix of uses. IL DESCRIPTION OF THE REQUESTS Today's request is for an informal "big picture" work session discussion of the proposed uses, zoning code amendments, and basic use compatibility issues associated with this proposal. The applicant's request involves an amendment to the existing Heavy Service Zone District to allow residential dwelling units and Type III employee housing units as conditional uses. Please refer to the applicant's attached description of the request for additional details. III. STAFF RECOMMENDATION As this is a work session, staff will not be making a recommendation at this time. 1 IV. ROLES OF REVIEWING BOARDS 0 Cade Text Amendment Planning and Environmental Commission: Action: The PEG 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. Design Review Board: Action: The DRB has NO review authority on code amendments. 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 Council is responsible for final approval /denial on code amendments. The Town Council shall review and approve the proposal based on the compatibility of the 40 proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. V. AMENDMENTS TO THE HeavV Service DISTRICT Heavy Service Zone District Regulations The Heavy Service District is intended to provide sites for automotive - oriented uses and for commercial service uses that are not appropriate in other commercial districts. Because of the nature of the uses permitted and their operating characteristics, appearance and potential for generating automotive and truck traffic, all uses in the Heavy Service District are subject to the conditional use permit procedure. In granting a conditional use permit; the Planning & Environmental Commission or the Town Council may prescribe more restrictive development standards than the standards prescribed for the District in order to protect adjoining uses from adverse influences. 0 WA Staff believes the Heavy Service District was developed to provide appropriate locations for uses that may be considered nuisances when placed in conjunction with other uses. Specific nuisance issues may include excessive noise, dust, odors or the use of hazardous and combustible materials. However, it is not uncommon to see a mix of residential and automotive uses in large, dense metropolitan cities throughout the world. Within our own valley, the Town of Avon allows the construction of up to four (4) employee housing units in association with primary uses in its "Industrial and Commercial" zone district and the Town of Gypsum allows one dwelling unit per 20 acres in its light industrial zones. Throughout Colorado, the towns of Aspen, Frisco, and Breckenridge allow for the constructions of accessory dwelling units on light industrial sites. Among the other jurisdictions who have addressed this mix of uses, certain patterns have been observed: • Residential units are (in all cases) an accessory to the primary light industrial use. • Residential units are (in all cases) dedicated only to employees of the primary light industrial business activity on the site. The applicant's proposal is unique in that one of the primary (conditional) uses provided would be residential dwelling units. Some of the design criteria or performance standards established in other jurisdictions include: • Proximity to open space or other amenities. • A demonstration of sufficient parking for all uses. • Restrictions on unit size and density. ■ Units typically can not be sold separately from the primary business operation on the site. Staff believes these criteria are quite useful and relevant to any potential employee housing units within the HS district, but acknowledges the applicant's proposal is substantially different since residential dwelling units are requested as a primary use. If the PEC directs staff to move forward with the proposed zoning code amendments, staff will develop additional "use specific" criteria for mixed residential /light industrial projects. A copy of the Town's existing conditional use permit review criteria is provided in Section VII of this memorandum for reference. The Town's Chief Building Official and Fire Chief have indicated the proposed mix of residential and industrial uses is feasible (under certain conditions) within the parameters of the Town's adopted building and fire codes. Furthermore, the Heavy Service Zone District regulations allow the PEC to prescribe more restrictive development standards than the standards prescribed for the District in order to protect adjoining uses from adverse influences. Staff believes, given certain factors and criteria, residential uses and light industrial uses (such as those prescribed in the Heavy Service District) can achieve compatibility. However, stringent criteria must be developed to establish compatibility and to avoid nuisance concerns between potential neighbors. r� Staff has identified the following issues for discussion with the PEC today. 0 "Automotive Service Stations" vs. "Repair Garages" or "Repair Shops" The Vail Town Code provides different categories of gas station type uses within the Heavy Service district. Staff believes residential uses may be compatible in some cases with an "automotive service station" (no repair activities) but in most cases will not be compatible with a "repair garage" or "repair shop" given the types of nuisance activities that occur in association with automobile repair. However, this is an issue that can be addressed during the conditional use permit review process. 2. Compatibility with the Town of Vail Noise Ordinance /.Hours of Operation Staff believes one review criterion in evaluating conditional uses should be a demonstration of compatibility with the Town's noise ordinance. This ordinance provides specific decibel output limitations for residential properties. These outputs vary between "daytime" and "nighttime" periods. Staff believes business activities for any conditional uses that are provided in association with residential uses should correspond to the decibel output and "hours of activity" limitations contained within the existing noise ordinance_ Compatibility of Proposed Mix of Uses with Vail's Comprehensive Plan. Sites within the Heavy Service Zone District are located on areas designated under the "Resort Accommodations and Service," "Community Office," or "Community Commercial" land use categories under the Vail Land Use Plan. Staff believes 40 compliance with this plan should be demonstrated during the conditional use permit review process. This is consistent with requirements for all other conditional uses within the Town of Vail. VI, DISCUSSION ISSUES The applicant and staff are requesting direction on the proposal in an attempt to assess the feasibility of moving forward. Staff is continuing research to evaluate additional conditional use criteria and will present additional information at the next meeting on this item. Staff has identified the following issues for discussion at today's work session: • Should staff provide a draft revised Heavy Service Zone District ordinance for PEC review at an upcoming meeting? • In considering the addition of residential uses to the Heavy Service District, should residential be considered a primary or accessory use (or both)? • Are there any additional qualitative or quantitative measures that should be used to identify compatibility among residential and light industrial uses? • 4 0 VII. EXISTING CONDITIONAL USE PERMIT REVIEW CRITERIA • The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: That the proposed location of the use is in accordance with the purposes of the Zoning Regulations 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 will comply with each of the applicable provisions of the Zoning Regulations. September 19, 2001 Brent Wilson, Planner Town of Vail Department of Community Development 75 S. Frontage Rd. Vail, CO 81657 RE: Alpine Amoco Lot A, Vail Village 2R`' Filing Zoning Application FRITZLEN PIERICE ARCHITECTS Brent, Thanks for the opportunity to discuss the results of the September 10 Planning Commission meeting with Lon and me this morning. Based on that conversation I am revising our previous Application and including with this letter, addressed envelopes for distribution to the adjacent property owners. On behalf of Alpine Ventures, owner of Alpine Amoco, I am making an Application to modify the zoning characteristics of the Heavy Service Zoning District. as well as making an Application for another "Work Session" hearing with the Planning and Environmental Commission on based on October 8, 2001. 1 will supplement this Application with revised drawings that address the Owner's current requests. We are very excited about this golden opportunity to create a structure to compliment this primary entrance to Vail and will supplement the Application with drawings and diagrams in the near future. Generally the Owner would like to continue the fuel dispensing operation of the existing property, expand the Convenience Store operation, and construct sufficient residential space to offset some of the expenses of the greatly improved facility. In addition the Owner would like to construct employee housing on the site. Access to and from the commercial level would be identical to access patterns that exist today. Access to and from the below grade parking would be from the Access Easement south of the Subject Property. To accomplish these improvements, the Owner would like to: 1. Amend Article G. Heavy Service (HS) Zoning District, 12 -7G -3 to permit Multiple - family residential dwellings as a Conditional Use. 2. Amend Article G. Heavy Service (HS) Zoning District, 12 -7G -3 to permit Type III Employee Housing Units as a Conditional Use. K:W032 - ALPINE AMOCOITOV CORRESPONDFNCEVONING APP2.DOC PAGE 1 of 3 Planning • Architecture 0 Interiors 1650 EasL Vail Valley Drive Fallridge C -1 • Vail, CO 131657 * vailarchitects.com * fax (970) 476 -4901 9 (970) 476 -6342 0 • 0 • • 0 Brent Wilson 9119101 page 2 FRITZLEN PIERCE ARCHITECTS 3. Amend Article G. Heavy Service (HS) Zoning District, 12 -7G -6 to permit flexibility in establishment of setbacks due to vehicular circulation patterns - similar to the setback provisions of Public Accommodation (PA) District (12- 7A -6)• 4. Amend Article G. Heavy Service (HS) Zoning District, 12 -7G -7 to permit heights of 45 feet for a flat of mansard roof, 48 feet for sloping roofs. We do anticipate that the height of our Project will exceed 48 feet but our request will be compatible with the height of nearby structures. 5. Amend Article G. Heavy Service (HS) Zoning District, 12 -7G -8 to permit Density of 100 square feet of GRFA for each 100 square feet of buildable site area (in addition to GRFA used in EHUs), and density not to exceed twenty five (25) dwelling units per acre (in addition to density assigned to EHUs). 6. Amend Article G. Heavy Service (HS) Zoning District, 12 -7G -14 B. to permit installation of gasoline pumps within ten feet of any street right of way. 7. Request a Conditional Use Permit for the Subject Property to allow construction of residential Dwelling Units. 8. Request a Conditional Use Permit for the Subject Property to allow construction of Type III Employee Housing Units. 9. Request the Planning Commission to consider the creation of a Special Development District for the Subject Property with HS Zoning as the underlying District.. At this time the Plans are being revised to address our current Application and will be provided in the near future. The Floor Plans of residential levels and Building Sections will be developed after uses on the site are established by the Planning Commission. It is our intention to use the adjacent Gateway Building as a guideline for establishing mass and bulk standards. Per our records the site contains 17,625 square feet. I look forward to working with you on this very important Project. In iam Pierce, Ar rte K:%0032 - ALPINE AMOCO%TOV CORR ESPONDE NCE%ZON ING APP2.DOC PAGE 2 of 3 Planning • Architecture i Interiors 1650 East Vail Valley Drive Fallridge C -1 + Vail, CO 81657 • vailarch4ects.corn a fax (970) 476 -4901 • (970) 476 -6342 0 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 8, 2001 SUBJECT: A request for a modification to the 100 -year floodplain to allow for streambank stabilization improvements to the Gore Creek streambank in Stephens Park, 2400 Block of S_ Frontage Rd. WestlUnplatted. A complete metes and bounds legal description is available for review at the Community Development Department. Applicant: Town of Vail, represented by Tom Kassmel Planner: Allison Ochs L BACKGROUND AND DESCRIPTION OF THE REQUEST The Town of Vail is requesting to grade in the floodplain at Stephens Park. The stream banks have eroded and a large spruce tree is being undermined due to erosion and is leaning into Gore Creek. The Town of Vaii is proposing to construct a boulder retaining wall 4 ft. to 6 ft. in height and 100 ft. long. The wall will stabilize the streambank, prevent further erosion, and prevent further undermining of the spruce tree. The applicants letter cf request has been attached for reference_ II. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approve the applicant's proposed modifications to the Gore Creek Flood Plain, located at the Gore Creek streambank in Stephens Park, 2400 Block of S. Frontage Rd. West/Unplatted, subject to the following findings: That the proposed location of the flood plain modification 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. A complete floodplain analysis conducted by a qualified consultant indicates floodplain elevations will not be adversely impacted by this proposal. Staff recommends the following condition of approval: Prior to issuance of a building permit, the applicant must submit approval from the Army Corps of Engineers and the Division of Wildlife. III. ROLE OF THE REVIEWING BOARD The PEC is being asked to render an approval or denial of this request to modify the Gore Creek floodplain based on the following objective: MAW 1. That the proposed location of the flood plain modification 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. IV. REVIEW CRITERIA FOR GRADING IN THE FLOOD PLAIN The Planning and Environmental Commission must review a request to grade in the floodplain subject to the following criteria: 1. That the proposed location of the flood plain modification 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. The grading in the floodplain is necessary for streambank stabilization to prevent further erosion. If no action is taken, the 36 ft. spruce tree will eventually fall, and the abutments to the Stephens Park pedestrian bridge may be impacted. Staff believes that the proposed floodplain modification will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 2. A complete floodplain analysis conducted by a qualified consultant indicates floodplain elevations will not be adversely impacted by this proposal. Peak Land Consultants, Inc. has completed a floodplain study, which is attached for reference. The study indicates that there will be a .3 ft. increase in 100 -year water surface elevation near the midpoint of the rock wall section. The 1 DO -year water surface elevation returns to .1 ft. approximately 75 ft. downstream and 150 ft. upstream. 40 0 TOWN oFyA1L Y Department of Puhlic Works & Transportation 1309 Elkhorn Drive Vail, Colorado 81657 970 -479 -2158 Fax: 970 -479 -2166 www. ci. vail. co. us r1 L_J 10/03/01 To; Allison Ochs From: Tom Kassmel Re: Stephens Park The Town of Vail is requesting approval for grading in the floodplain at Stephens Park in 'West Vail. Currently the south side of Gore Creek just east of the Stephens Park Pedestrian Bridge has steep banks due to erosion. The streambanks have eroded to become vertical cuts varying in height from 4' to 8'. In addition an existing 3' diameter spruce tree is also being undermined due to this erosion process and is now slightly leaning into Gore Creek. The Town of Vail is proposing to mitigate the erosion by armoring the streambank with a 100' long boulder wall, ranging in height from 4' to 6'. The construction of this wall will stabilize the existing failing streambanks, prevent further erosion, and prevent further undermining to the existing 3' diameter spruce. If the streambanks are left unprotected the erosion will continue, the large spruce will eventually be completely undermined and fall, and after continuing erosion the abutments to the Stephens Park Pedestrian bridge may be impacted by this erosion. Peak Land Consultants have completed the design of the boulder wall and a floodplain study. It was determined that the 100 year floodplain base elevation will not change significantly to adversely effect any property within or outside the Stephens Park area. The Town of Vail is currently finalizing approval from the Army Corps of Engineers and the Division of Wildlife to complete this project this Fail. RECYCLED PAPEN PEAK LAND CONSULTANTS, INC. September 24, 2001 Tom Kassmel, P.E. Engineering Department Town of Vail 1309 Elkhorn Drive Vail, CO 81657 PEAK LAND SURVEYING, INC. PEAK CIVIL ENGINEERING, INC. 970 - 476 -8644 - FAX 970 -476 -8616 - 1000 DON'S RIDGE LOOP ■ VA1L, CO 81657 970 -726 -3232 - FAX 970-726 -4343 ■ 78436 US HWY 40, P.O. BOX 1680 . WINTER PARK CO 80482 RE: Stephen's Park; Streamside Stabilization — Floodplain Letter Dear Tom: Job No. 798 At your request we have run a HEC -RAuS hydraulic model of Gore Creek through the project for both existing conditions and after a 6' rock wall is constructed. Results of the modeling indicate a 0.3' increase in 100 -year water surface elevation near the midpoint of the rock wall section. The 100 -year water surface elevation returns to within 0. P approximately 75' downstream of the midpoint of the wall section, and 150' upstream of the midpoint of the wall section. For your use I have attached "before and after" cross - sections at river station 118.1 and a 1 "= 20' scale sketch delineating the 100 -year floodplain. If you have any questions or require additional information please do not hesitate to call. Sincerely, George K. Mossman attachments • • • r: r 1 �� .] �� L.� m O z Q z Y d m [] R '0 C7 z,z cr c c�\� CA V D - 1� w" z n mm 1 r w p�e 1 i � a N � ` Z J X e6 rn � N R) v x G � G PI A 0 Z r� ADO M /dry � bd `CDry VI (4 zM mm;u ` H :Q' D v m 'C TinN f e n , i Al td Q Ul r d �m vm 70 x o� .o cd D � r ro r ty r9 j y S S ¢ � CID o 0 (_ d t.1 311 9bkf�r 7d 34g l t7n— O m N cs 5 A GORE CREEK AT STEPHEN'S PARK 6y .. IY w �\ >00 boo a > �. td Iry 0 ri m �y x OG [� r- GI Z TOWN OF VA[- EACLE COUNM, COLORADO AC3D C3 n SA 7z 0 OF .Z] Ago ru 0 ADO M /dry � bd `CDry VI (4 zM mm;u ` H :Q' D v m 'C TinN f e n , i Al td Q Ul r d �m vm 70 x o� .o cd D � r ro r ty r9 j y S S ¢ � CID o 0 (_ d t.1 311 9bkf�r 7d 34g l cs 5 A GORE CREEK AT STEPHEN'S PARK 6y .. IY STREAM BANK STABILIZATION Z TOWN OF VA[- EACLE COUNM, COLORADO e "• Approved 10/22/01 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING MINUTES Monday, October 8, 2001 PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT MEMBERS ABSENT Galen Aasland Chas Bernhardt Dick Cleveland Diane Golden Brian Doyon John Schofield Doug Cahill Site Visits : 1:15 pm 1. Lion's Square Lodge — 660 West Lionshead Place 2. Stephen's Park — 2400 Block of S. Frontage Rd. West Driver: George Public Hearing - Town Council Chambers 2:00 pm 1. An appeal of an administrative determination regarding the procedural requirements for an application for subdivision of "the Fallridge Parcel,° a Part of Lot 1, Sunburst Filing No. 3 / a portion of land adjacent to the Vail Golf Course Townhomes in the 1600 block of Golf Terrace. A graphic map description is attached for reference. Specifically, the appeal involves a staff determination that the subdivision of land within a recreational easement requires a Major Special Development District Amendment to the Fallridge Special Development District. Appellant: Fallridge Community Association, represented by Berenbaum, Weinshienk and Eason, P.C. Planner: Brent Wilson Brent Wilson presented an overview of the staff memorandum. He stated that no recreational easement was ever recorded for the .31 acre area in question. Based on staff's title research and the lack of sufficient evidence regarding the conditions of SDD approval for Fallridge, staff was recommending the PEC overturn the previous administrative determination. Galen Aasland asked for any public comment. There was none. Dick Cleveland asked about the letter submitted regarding questions on the subdivision process. He stated that he believed that the PEC should overturn the staff's previous decision. Brian Doyon agreed and further stated that he did not believe that we could speculate as to what previous boards intended. Doug Cahill agreed with his fellow Commissioners. Galen Aasland asked about the area of the recreation space parcels. Brent Wilson stated that he could provide the PEC with the text of the area of the parcels. q TOIY Approved 10122/01 Brian Doyon made a motion to overturn the staff decision, in accordance with the staff memorandum, subject to the findings in the memo, Dick Cleveland seconded the motion. The motion passed by a vote of 4 -0. 2. A request for a variance from Section 12 -7H -10 ( "Setbacks "), Vail Town Code, at the Lion's Square Lodge located at 660 West Lionshead Place /Lot 1, Vail Lionshead 15' Filing. Applicant: Lion's Square Lodge Planner: Bill Gibson Bill Gibson presented an overview of the staff memorandum, including the staff recommendation to table the item, pending the receipt of additional information regarding approval from the owners of Tract A. Pedro Campos (from Design Workshop) spoke on behalf of the applicant. He presented the details of the applicant's request in a graphic format and explained the applicant's desire to construct an addition on the existing Lion's Square Lodge building, Bill Anderson addressed some of the agreements being made between the Lodge and Vail Resorts regarding ownership and use of Tract A. Doug Cahill requested verification that construction within the utility easement would be feasible. • Dick Cleveland asked about the "no build easement" area. He stated he was comfortable with the variance request, but wanted to see written agreements from Vail Resorts, since they were the owners of Tract A. Dick stated the existing lease agreement and existing conditions may warrant a variance. 0 Brian Doyon said the deviation should be the minimal amount necessary or practical. He also said he had concerns about the issue of special privilege. He said he needed to see a letter of agreement from Vail Resorts. Pedro Campos addressed Brian's concerns by referencing the "build -to" lines identified in the Lionshead Redevelopment Master Plan. Brian Doyon stated that "build -to" lines identified for the core areas should not be applied here. Galen Aasland stated the applicant has overcome the issue of special privilege, since they had many existing improvements (like other properties in Lionshead) over the property line within Tract A today. Bill Anderson requested clarification on the amount of acceptable encroachment. Galen Aasland referred the applicant to the Uniform Building Code requirements for protected openings and separations between buildings. All PEC members stated they needed an "iron clad" assurance that a "no building" area would be established on Tract A. Brian Doyon made a motion to table the item until October 22, 2001. Doug Cahill seconded the motion. The motion passed by a vote of 4 -0. 0 Approved 10122101 3. A request for a text amendment to the Heavy Service zone district to allow for the addition of multiple - family dwelling units and Type III employee housing units as conditional uses, to allow for amended setback requirements, to allow for an amended maximum building height, and setting forth additional details in regard thereto. Applicant: Alpine Ventures, represented by Fritzlen Pierce Architects Planner: Brent Wilson Brent Wilson presented an overview of the staff memorandum. He stated that the discussion today should focus on the text amendment to allow for residential uses in the Heavy Service Zone District. He stated that the intent and purpose of the Heavy Service Zone District is to provide for sites for industrial uses. Lon Mollentine, owner of the Alpine Standard, described their proposal from the site. He described the current use of the property: a gas station, convenience store, and repair shop. He stated that they did not feel that they could do a high -end residential product in conjunction with the repair shop, but they would continue to maintain a gas station. He stated that they removed the fraction fee club units to minimize the bulk and mass. Galen Aasland stated that before they discuss the proposal to redevelop the Alpine Standard, the PEC needs to discuss the Heavy Service Zone District and the uses and intent of the district. Brent Wilson clarified the process regarding the redevelopment of the Alpine Standard, and the fact that even with an SDD on the property, the uses cannot vary from the allowable uses of the underlying zoning. Bill Pierce stated that this property is extremely unique. He discussed the suitability of residential uses within the Heavy Service Zone District. He stated that he agreed with staff regarding the mix of residential uses with repair shops. He stated that what they are looking to do is establish uses in the Heavy Service Zone District which will meet their proposal. They will come forward with a more involved plan once the uses are established. Galen Aasland asked for public comment. There was none. Doug Cahill stated that he felt that the Heavy Service Zone District should allow residential uses, but that the primary use of the property should be industrial, as is the purpose of the zone district. This limitation would be based on floor area. Dick Cleveland stated that he felt that heavy service should remain the primary use of the property and anything else is counter - productive. He stated that he believed EHUs are appropriate in the Heavy Service Zone District, but that there should be strict limitations on other residential uses. He further stated that he had concerns regarding the number of changes to the Heavy Service Zone District. Brian Doyon stated that according to the current Heavy Service Zone District, no residential uses are allowed as a conditional use. He stated that he had concerns about gas stations turning into housing projects. He stated that he could consider EHUs on the sites zoned Heavy Service, but he had concerns about other residential uses, He had concerns about compatibility of uses on these Heavy Service sites. He also stated that he was concerned about what kind of product this could be. Galen Aasland stated that he believes the uses on the site to be a very large hurtle in the redevelopment of this property. He encouraged the applicant to follow the procedural changes that were made to the Public Accommodation Zone District. He stated that he has seen this type of product work, but they have very limited hours and services_ He further stated that an employee housing unit as an accessory use is compatible, but on a smaller parcel where the uses cannot be 40 separated, he has concerns. He can see allowing EHUs as a use on the Heavy Service Zone District. He stated that the amendments needed to be looked at as a community -wide issue. Doug Cahill stated that if EHUs were allowed on the site, he did not believe that the 50% of the floor area would be included. Approved 10/22/01 Lon Mollentine stated that they lived in Bishop Park and aesthetics were important to them. He believes that condominiums will be the best thing for the site. Bill Pierce stated that he doesn't feel that what may be appropriate at this site is appropriate at other 40 Heavy Service zoned lots in town. The applicant's vision is for an attractive project, that addresses the needs of the community, and happens to include gas services. Dick Cleveland stated that he wants to find a way to allow a gas station, EHU's, and commercial uses to be mixed on one site. He may be open to examining changing other districts. Brian Doyon agreed with Dick Cleveland's comments and recommended that the Arterial Business District be examined. Bill Pierce indicated that the applicant's vision has gasoline service as a more of an incidental use, and the creation of a new zone district might be appropriate. He also mentioned that they have continued to refine their proposal as they have continued to further examine the details of the Town's regulations. Brent Wilson asked if the PEC felt that residential uses should be a primary use on this properly with gas service as a secondary use. If so, is an amendment to the Master Plans and the creation of a new zoning district appropriate. Dick Cleveland indicated that an amendment to the Master Plan may be appropriate and modifications to other zoning districts should be examined. Brian Doyon agreed that this proposal is not appropriate in the Heavy Service Zone District, and that other districts should be examined. Doug Cahill mentioned that it may be appropriate to examine allowing EHU's on all the Heavy i Service lots. 40 Galen Aasland emphasized the need to make this project somehow fit into the Town's regulations. Bill Pierce indicated that the destination is clear, but the path to get there is still unclear. Brian Doyon recommended that the applicant continue to work with staff, but to recognize that this will be a long and difficult process. Galen Aasland recommended that the applicant do a work session with the Town Council early in the process. He also emphasized that the Commissioners want the applicant to keep gas station uses on the site. Bill Pierce next presented the changes that have been made to the proposed development plans since the last PEC hearing. Brent Wilson indicated that the next steps are to return to the PEC with a formal application and then a worksession with the Town Council. 4. A request for a modification to the 100 -year floodplain to allow for streambank stabilization improvements to the Gore Creek streambank in Stephens Park, 2400 Block of S. Frontage Rd. West /Unpiatted. A complete metes and bounds legal description is available for review at the Community Development Department_ Applicant: Town of Vail, represented by Tom Kassmel Planner: Allison Ochs Allison Ochs presented an overview of the staff memorandum. 4 Approved 10/22/01 Tom Kassmel stated that the existing streambank has eroded to cuts of 8 feet and has been eroding a large spruce tree on the streambank. The erosion will create future negative affects on the bridge enbankments. He also indicated that they want to install boulders to the height of the highwater mark and to grade above that point. Similar walls have been constructed along the stream. Dick Cleveland expressed that saving the bridge abutments is essential, saving the tree is admirable, but significantly altering the stream bank is not appropriate. He would support doing mitigation at the tree or 20. 30, or 40 feet upstream. He agrees with the intent, but not the extent of the efforts. Brian Doyon agreed with Dick's comments. He doesn't see detrimental impacts if mitigation is not done, other than protecting the bridge abutments. Tom Kassmel indicated that the boulders are intended to be 3 feet in size and larger. Some large equipment will be required for installing the proposed walls. Brian Doyon stated that he's concerned about how much we're destroying, balanced with what we're saving. Doug Cahill expressed that even if the large tree wasn't there that erosion is happening_ He agrees that some erosion control is needed, but not to the extent proposed. Galen Aasland is concerned about the unnatural look of a boulder wall in this location_ He is concerned about the integrity of the bridge and likes the spruce tree. Brian Doyon asked if the Town wanted to stabilize all the bends of stream. Tom Kassmel indicated that this is an isolated situation. Galen Aasland asked what other options for mitigation is available. Tom Kassmel stated that biological techniques have been examined, but are feasible. He mentioned that other jetties may be added to reduce the overall length of the wall. He said the intent is to protect the streambank without going as far a changing the natural stream flow and to protect public property. Dick Cleveland stated that he believes what is being proposed exceeds the necessary mitigation. Doug Cahill recommended only constructing what is only necessary at this time and phase in additional mitigation later. Brian Doyon wants to see an arborist report on the preservation of the spruce tree. He doesn't want to see the use of a boulder wall, and other alternatives should be examined. He also wants to see the large pieces of concrete removed from the stream. Dick Cleveland stated that the more natural the mitigation, the better. Tom Kassmel indicated that they wil! revise their plans to minimize the impact of using walls. Dick Cleveland stated that any damage from the equipment should be revegetated. Brian Doyon made a motion to table this until October 22, 2001. 0 Doug Cahill seconded the motion. The motion passed by a vote of 4 -0. Approved 10/22/01 5. A request for a rezoning from "Special Development District No. 10" to "Housing Zone District" located at Timber Ridge Village, 1280 N. Frontage Rd. West / Lots C -1 through C -5, Lionsridge Filing No. 1. Applicant: Town of Vail Planner: Allison Ochs WITHDRAWN 6. Approval of September 24, 2001 minutes 7. Information Update 6 •