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Home My WebLink About2003-0224 PECi Na STATE OF COL(3RAa0 COUMTY OF EAGLE -oaa PROOF OF PUBLICATION .~.~. I, Steue Pope, da solemnly swear that I am the Pubiisher of The Vail f7aily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of CDlarada, and has a general circulation therein; chat said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under fhe provisions of the Act of March 3. 1879, or any amend- ments thereof, and that sand newspaper is a daily newspaper duly qualified fcr publishing legal notices and adti ~, ~:.:.~,,,,„ts within the meaning ofi the laws of the State of C..;u, u,i~ That the annexed legal notice or advertisement was published in the regular and entire issue of every ~wmber of said daily newspaper for the period of .......... . .... consecutive inserCtons; and that first publican o1 saitl notice was in the issue of said newspaper dated ~~"~,~, .',`_~ A.p.t, ~••• • <. ...~~"..... and that the last publication of said notice was in the issue of said newspaper doled,~~..~.A.D.......f{~,~........... i i In witness whereof I e hereunto set my hand this ........~~.. day of ......."1.~.~~k~T..J~. ..~,",;~ . __ 1 1 r Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado, this ...........,~..~........ day oK,~.'~ '~+=- .. /~jr r.. .. Note Publi~ ry My Gommr"ssion expires ...... ~r. ~•.~ ;....~~ rICE IS HEAEBY GIVEN ironmental Commission [ I a public hearing in ac[ 7-6 of the Municipal Ood Fehnrary 24, 2863„ at 2: Municipai Building. In co toast for a condrtionat use permit. pursuant to an 12-&D-3 (Candit~anal Used. Vail Town ~.. to allow car a private sahoaf, located at Par- . a resutidivisian al Tract D, Vail dos Schone 'cling. (A full metes & bounds descnplbn rs rble at the Department of Community Devel- ~rn upon request}. cant: Children's Gallen al Learning rar: AIIIson Ochs ;neat for a recommendation to Ifre Vail Tcwn ~.cil of a proposed text amendment to Section 1-9~ Luadeng Standards. Vail Town Cotle< to Sd the requirement tar loading berths & selling details in re{}ard thereto. cant: Town of Vell ter: Allison Ochs Guest for a recommendation la the Vail Town coil for the establishment ai Spoaal Develop- D'sstriat No. 31, to allow Inr the redevelop- 01 the Tivoli Lodge, located al 366 Hanson ;h RoatlFLot E. 81adk 2, Vail Village 6th Filing. Robert $ Diane Lalfer George Ruttier ;t for a recommendation to the Vail Town to allow for text amerMmenls to TMe ti, gulatiorw. Wail Town Cods, arxt salting iil,S in ra[~+d thereto. ~t: Twlm of Veer Russell f`orrs~Matt (3artrm4t st for a recommerrrisson to tlfe Vail Town at a grotaoeed text anrsndmmerH to tiactiare dotail5 dicant: Town o4 Vail, repmsesvtad by Malt 3 nner. George Rulhar i appldcalions and Information about the propos~ are available for puh9ie inspection during regu- pflice hours in the project planners nftica. local- at the Tasvn of Vail Community Development >artmenl. 75 South Fronlago Aaad, the public ~vited to attend protect crientalian and the site Development Department for inFarmation. langguage imerpretation available upon re- wiMt 24-hour nodification. Please call 479- Telephone for fhe Hearing Impaired, for in- and Department 2i'Xl3 In the Vail De'tly, • THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE . . ~ .,!~- A 1/ NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of ~~:, . Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the Town of Vail on February 24, 2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration vf: A request for a conditional use permit, pursuant to Section 12-6D-3 (Conditional Uses), Vail Town Cade, to allow for a private school, located at Parcel B, a resubdiviskon of Tract D, Vaik dos Schone 1St Filing. {A full metes & bounds description is available at the Department of Community Development upon request}. Applicant: Children's Garden of Learning Planner: Allison Ochs A request for a recammendation to the Vail Town Council of a proposed text amendment to Section 12-10-9: Loading Standards, Vail Town Code, to amend the requirement for loafing berths & setting forth details in regard thereto, Applicant: Town of Vail Planner: Allison Ochs A request for a recammendation to the Vail Town Council for the establishment of Special Development District No. 3T, to allow for the redevelopment of the Tivoli Lodge, located at 386 Hanson Ranch Raad/Lot E, Block 2, Vail Village btt' Filing. Applicant: Robert & Diane Lazier Planner: George Ruttier A request for a recommendation to the Vail Town Council, tv allow for text amendments to Title 11, Sign Regulations, Vail Town Code, and setting forth details in regard thereto, Applicant: Town of Vail Planner: Russell ForrestlMatt Gennett A request far a recommendation to the Vail Town Council of a proposed text amendment to Section 12-3-3: Appeals, Vail Town Code, to amend the 10-day appeal and call-up of administrative, Design Review Board, and Planning and Environmental Commission actions ~ setting forth details in regard thereto. Applicant: Town of Vail, represented by Matt Mire Planner: George Rather 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 ^epartment, 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 far information. Sign language interpretation available upon request with 24-hour notification. Please call 479- 2358, Telephone for the Hearing Impaired, for information. Community Development Department Published February 7, 2003 in the Vail Daily. 1 TOWN OF V,4IL ~~ STATE DF COLOiRADO COIr.~ . ; OF EAGLE ~`~~ PROOF OF PUBLICATlQN SS. I, Steve Pape, do sot ~,..,,. f swear chat I am the Publisher of The Vail l7aily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newsP~r.:r has been published con#inuausly and uninterruptedly in said County of 'eagle for a period of more than fifty-two .,,,.,~.,~.itive weeks next prior to the first publication of the annexed legal notice or adverbs.::..,;;. i., that said newspaper has bean admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ;,,~„~, thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the ,,,~~...ing of the laws of the State of Colorado. That ttte ~.,,,~,.~..~ legal notice or advertisement was published in the regular and entire issue of every umber of said daily newspaper for the period of ....~......... consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated~~.. ~.......~~• ~•Q~-•-~••~•~~~••~ A.D. .~~'............1..... and that the last publication of said notice was in the issue of said newspaper doled...r'~..-~..3.....~.t..~~~A.d. ---....Q.~ ............... In t.;:..~~.~ ~rhereof I have hereunto set my hand tYlis . ~ ~.... day of ..-.. ~~ - ~~~~~~ Publisher ` ; Subscl-ibed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado, this ,... 2..~-~ ............... day of ...~.~~..~.....-..Zc7c~~ 1 ~ (~ / ~ ,r, f ~~~ Notary Public ~`~ My Commissitan expires ...~--lr-~~~-~ , PD®f_IC MEETiIYG Monday, February 24, 2t103 PR6.tECT oR1ENTATIQN ! -Community Dever. meat Dept. PIJBLlC wELC6ME 12:44 pm MEMBERS PRESENT MEMf3ER5 ABSENT Site Vtsits : 1:60 ern 1. Children's Garden of Leamirtg 2. Sign Tour 3, Front Door Proiept Driver: Goorge NC)TE: If the PEC hearing extends until 6:64 p.r the boartl may tweak for dinner Fram 6:64 - &:36 Public Hearing-Town Council Chambers 2:04 pm 1. A request for a aanditianal use pe mit, pursuant tp $ectian 92-6D-3 {Conditiar Usesj, Vait Trnm Gvde, to allow bor a privy sphooi, located at Parcel B, a rpsubdiviaivn Tract D, Vail des Schone 1st Filing, genera known as the "Hud Wirth' property. {R fullmates hounds description is available at the Departure of Community DeveioprnerR upon request). AppllcartC ChiPdren's Garden of Learning Planner. Allison Ochs 2. A request for a recommendation ~. the Vail Town Caurtcil of a proposed text amen. merit tp Section 12-10-~: Loading Standards, Vr Town Code, tp amend the requirerrtenf for laadin berths & setting forth details in regard thereto. Applicant Town of Vail Planner: Anrsra.. ~r,o _ 3. A request for a warksesstpn [p eni 'Vai!'s Frttnt Door' proposal; a request recommendation tp the Vail Town Gouncil of posed amendment to the Vail Land Use Flan qquest For a recommendation to the Vail CpurtGl of a proposed amendment io the V. [a me Vail Town Gounc+l oT a praposetl rezoning of Leis P3 & J, i3lock 5A. Vafl Village 5th Filing from Public Aeaomrnadation tone district (PAl to Park- ing zone tlistrict (P); a request fora recommenda- tion to the Vaii Town Council for the proposed zon- ing of an unplatted parcel of land commonly refer- red tp a5 the "trade parcel' and Lats 1 & 2, Mitl Creek Subdivision [a Ski Base Recrea6an Il zone district; a request +or a recommendation to the Vail Town Council of a tent amendment to the Vail Town Code, Title 12, 2vning Regulations, to allow for the creation of anew none district and tv amend Section 12-76-73, Density Control, Zonirtg Regulatkrns; a request bar a minor subdivision. purv sUant la Title 13, Subdivision Regulations, Vail Town Cade, io allow for the relocation of the txrm- man property line between Lots P3 8 J, Block SA. Vail ViPiage 5th ding.;. a request fora recammen- dativrt to the Vait Town Code of a praposod major subdivision, pursuant to Sectlpn 13-3, Major Subdi- vision, Vail Town Code, to allow for the p?slting of the "trade parcel"; a request ipr a conditional use permit, pursuant to Chapter 16, Title 12, of the Vail Town Code, ?a allow fora "private off-street vehicle parking facility and public park" to ire constructed anti operated on Lats F3& J, Block SA, Vail Vlltage 5th Filing; a request Far an exterior alteration yr modification, purSUanl €o Section i2-76-7, Exterior Alterations ar Madificarions, Vail Tpwn Cadp. 1v til- low bor an addition to the Lodge at Vail; a request far a variance from Section 12-Z1-16, Develop- ment Restricted, Vail Tawn Code, pursuant to Chapter 17, Varianees, J~onmg negulations, tp al- low For the canstruchon o1 multiple-family dwelling units on sloops in excess at 46 r~, and a re uest for the eszal~iishment of an approved development piart to iaeililate Nte evnsVuctipn of Veil's Front Door, and setting forth detail in regard thereto. (A more complete metes and bounds legal desoriplivn is available at tho Town of Vaii Community Devet- opmen4 Depar[Trtent) Appl~eant: Vail Resorts, represented by Jay Pe- teraon Planner: George Ruiher 4. A request for a recommendatlon to the Vail Tawn Council, 4o aUow for text amend- ments to Tale Ti, Sign Regulations, Vail Town Code, and rotting form detaits in regard thereto. PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ,~ ~~'- • Monday, February 24, 20x3 ~`"', PROJECT ORIENTATION ! -Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT Slte ~/151tS 1. Children's Garden of Learning 2. Sign Tour 3. Front Door Project ^river: George 1:00 pm ~o NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - fi:30 Public Hearing -Town Gounc%I Chambers 2:00 pm 1. A request for a conditional use permit, pursuant to Section 12-6D-3 (Conditional Uses), Vail Town Code, to allow for a private school, located at Parcel B, a resubdivision of Tract D, Vail dos Schone 1St Filing, generally known as the "Hud 1Nirth" property. (A full metes & bounds description is available at the Department of Community Development upon request}. Applicant: Children's Garden of Learning Planner: Allison Ochs 2. A request for a recommendation to the Vail Town Council of a proposed text. amendment to Section 12-10-9: Loading Standards, Vail Town Cade, to amend the requirement for loading berths & setting forth details in regard thereto. Applicant: Town of Vail Planner: Allison Ochs 3. A request for a worksession to present "Nail's Front Door" proposal; a request for a recommendation to the Vail Town Council of a proposed amendment to the Vail Land Ilse Plan; a request for a recommendation to the Vail Town Council of a proposed amendment to the Vail Village Master Plan; a request far a recommendation to the Vail Town Council of a proposed rezoning of Lots P3 & J, Block 5A, Vail Village 5th Filing from Public Accommodation zone district (PA} to Parking zone district (P}; a request far a recommends#ion to the Vail Town Council for the proposed zoning of an unplatted parcel of land commonly referred to as the "trade parcel" and Lots 1 & 2, Mill Creek Subdivision to Ski Base Recreation l l zone district; a request far a recommendation to the Vail Town Council of a text amendment to the Vail Town Code, Title 12, Zoning Regulations, to allow for the creation of a new zone district and to amend Section 12-78-13, Density Control, Zoning Regulations; a request for a minor subdivision, pursuant to Title 13, Subdivision ;~ T04Y~1' 4F YAI~ ~r MEMBERS ABSENT Regulations, Vail Town Code, to allow for the relocation of the common property line between Lots P3 & J, Block 5A, Vail Village 5th Filing; a request for a recommendation to the Vail Town Code of a proposed major subdivision, pursuant to Section 13-3, Major Subdivision, Va'ri Town Code, to allow for the platting of the `°trade parcel"; a request for a conditional use permit, pursuant to Chapter 16, Title 12, of the Vail Town Code, to allow far a "private off-street vehicle parking facility and public park° to be constructed and operated on Lots P3& .I, Block 5A, Vail Village 5~' Filing; a request for an exterior alteration or modification, pursuant to Section 12-76-7, Exterior Alterations or Modifications, Vail Town Code, to allow for an addition to the Lodge at Vail; a reques# for a variance from Section 12- 21-10, Development Restricted, Vail Town Code, pursuant to Chapter 17, Variances, Zoning Regulations, to allow for the construction of multiple-family dwelling units on slopes in excess of 40%; and a request for the establishment of an approved development plan to facilitate the construction of Vail"s Front Door, and setting forth details in regard thereto. ~A more complete metes and bounds legal description is available at the Town of Vail Community Development Department} Applicant: Vail Resorts, represented by ,toy Peterson Planner: George Ruther 4. A request for a recommendation to the Vail Town Council, to allow for text amendments to Title 11, Sign Regulations, Vail Town Code, and setting forth details in regard thereto. Applicant. Town of Vail Planner: Russell ForrestlMatt Gannett 5. A request for a recommendation to the Vail Town Council of a proposed text amendmen# to Section 12-3-3: Appeals, Vail Town Code, to amend the 10-day appeal and call-up of administrative, Design Review Board, and Planning and Environmental Commission actions ~ setting forth details in regard thereto. Applicant: Town of Vail, represented by Matt Mire Planner. George Ruther 6. A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 37, to allow for the redevelopment of the Tivoli Lodge, located at 386 Hanson Ranch RoadlLot E, Block 2, Vail Village 5`h Filing_ Applicant: Robert & Diane Lazier Planner; George Ruther TABLEQ UNTIL MARCH 10, 2003 7. Approval of February 10, 2003 minutes 8. Information Update ~ General time line for Four Seasons 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 479-2135 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 February 21, 2003 in the Vail Daily. • • PLANNING AND ENVIRONMENTAL COMMISSI+C)N PUBLIC MEETING RESULTS Monday, February 24, 2003 PROJECT ORIENTATION ! -Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT John Schofield Erickson Shirley Ghas Bernhardt Qaug Cahill George Lamb Rollie Kjesba Gary Hartman Site Visits 1. Children's Garden of Learning 2. Sign Tour 3. Front Door Praject 12:88 pm 1:80 pm Driver: George ~o NOTE: If the PEG hearing extends until 6:00 p.m., the board may break far dinner from 6:00 - 8:30 Public Hearing -Town Council Chambers 2:OQ pm A request for a conditional use permit, pursuant to Section 12-SD-3 (Conditional Uses), Vail Town Gode, to allow for a private school, located at Parcel B, a resubdivision of Tract D, Vaii dos Schane 1~t Filing, generally known as the "Hud Wirth° property. (A full metes & bounds description is available at the Department of Gommunity Development upon request). Applicant: Ghildren's Garden of Learning Planner: Allison Ochs MOTION: Chas Bernhardt SECOND: George Lamb VOTE: 7-0 TABLED UNTIL MARCH 18, 2803 2. A request far a recommendation to the Vail Town Council of a proposed text amendment to Section 12-10-9: Loading Standards, Vail Town Cade, to amend the requirement far leading berths & setting forth details in regard thereto.. Applicant: Town of Vail Planner: Allison Ochs MOTION: Chas Bernhardt SECOND: George Lamb VOTE: 7-0 TABLED UNTIL MARCH 10, 2803 ~. ~ti TOWII° 8F YRIL ~ MEMBERS ABSENT 3. A request far a worksession to present '"Nail's Front Door" proposal; a request for a recommendation to the Vail Town Council of a proposed amendment to the Vail Land Use Plan; a request for a recommendation to the Vail Town Council of a proposed amendment to the Vail Village Master Plan; a request for a recammendation to the Vail Tawn Council of a proposed rezoning of Lots P3 & J, Block 5A, Vail `Village 5~h Filing from Public Accommodation zone district (PA} to Parking zone district (P}; a request for a recommendation to the Vail Tawn Council for the proposed zoning of an unpiatted parcel of land commonly referred to as the "trade parcel" and Lots 1 & 2, Mill Creek Subdivision to Ski Base Recreation II zone district; a request for a recommendation to the Vail Tawn Cauncil of a text amendment to the Vail Tawn Gode, Title 12, Zoning Regulations, to allow far the creation of a new zone district and to amend Section 12-7B-13, Density Control, Zoning Reg~rfativns; a request for a minor subdivision, pursuant to Title 13, Subdivision Regulations, Vail Tawn Cvde, to allow for the relocation of the common property line between Lvts P3 8, J, Block 5A, Vail Village 5~h Filing; a request for a recammendation. to the Vail Town Code of a proposed major subdivision, pursuant to Section 13-3, Major Subdivision, Vail Tawn Code, to allow for the platting of the "trade parcel"; a request for a conditional use permit, pursuant to Chapter 16, Title 12, of the Vail Tawn Code, to allow far a "private off-street vehicle parking facility and public park" to be constructed and operated vn Lots P3& J, Block 5A, Vail Village 5~h Filing; a request for an exterior alteration yr modification, pursuant to Section i 2-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for an addition to the Lodge at Vail; a request for a variance from Section 12- 21-10, Development Restricted, Vail Town Code, pursuant to Chapter 17, Variances, Zoning Regulations, to allow for the construction of multiple-family dwelling units on slopes in excess of 40°f°; and a request for the establishment of an approved development plan to facilitate the construction of Nail's Front Door, and setting forth details in regard thereto. (A mare complete metes and bounds legal description is available at the Town of Vail Community Development Department} Applicant: Vail Resorts, represented by Jay Peterson Planner: George Ruttier MOTION: Rollie Kjesbv SECOND: Gary Hartman VOTE: 6-0 (Cahill left early) TABLED UNTIL MARCH 10, 2003 4. A request for a recommendation to the Vail Tawn Council, to allow far text amendments to Title 11, Sign Regulations, Vail Town Cvde, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Russell Forrest/Matt Gannett MOTION: Chas Bernhardt SECOND: George Lamb VOTE: 7-0 TABLED UNTIL MARCH 24, 2003 5. A request for a recommendation to the Vai! Town Cauncil of a proposed text amendment to Section 12-3-3: Appeals, Vail Town Code, to amend the 10-day appeal and call-up of administrative, Design Review Board, and Planning and Environmental Commission actions & setting forth details in regard thereto. Applicant: Tawn of Vail, represented by Matt Mire Planner: George Ruttier MOTION: Chas Bernhardt SECOND: George Lamb APPROVED VOTE: 6-0 (Cahill left early) ~~ `._.J • • 2 • • ~. A request for a recommendation to the Vail Tawn Council far the establishment of Special Development District Na. 37, to allow for the redevelopment of the Tivoli Lodge, located at 388 Hanson Ranch RoadfLot E, Block 2, Vail Village 5t'" Filing. .Applicant: Robert & Diane Lazier Planner: George Ruther TABLED UNTlL MARCH 10, 2403 7. Approval of February 10, 2003 minutes M4TIQN: Chas Bernhardt SECOND: Rollie Kjesba VC1TE: 6-0 APP"ROVED AMENDED MINUTES 8. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Raad. 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 February 21, 2003 in the Vail Daily. • F:leveryonelboardslpecdrb0l (Address John Schofield 1448 Vail Valley Drive Vail, CO 81657 Doug Cahill PO Bc~x 1077 (2855 Snowberry Drive} Vail, CO 81858 Chas Bernhardt 2695 South Frontage Vail, CO 81657 PLANNING AND ENVIRQNMENTAL GOIU~MIS~~tiN Telephone Number(s) Term xpires (Chaim 476-6126 (w} 390-9450 478-6126 (h} 476-4024 (fax} Schofieldibs(~vahoo.com 331-3462 (cell} 476-9599 (h} 479-5262 (fax} cahillsCcwail.net 476-4712 {w} 376-5994 (cell} 476-4712 {h} 476-7651 {fax} Chasb70attbi.com Erickson Shirley (Vice-Chair) 415-559-9277 (cell} PQ8 2179 476-1085 {h} (303 Gare Creek Drive #8) 476-1085 (fax} Vail, CO 81658 moe25moe256msn.com George Lamb 230 Bridge Street (3130 A Booth Falls Court} Vail, CO 81657 Mollie Kjesba POB 3419 11 Black Bear Lane} CC) 81658 Gary Hartman PC7B 2773 (2564 Kinnikinnick Rd Avon, CQ 81620 479-24a2 {w} 476-32.74 (h} 476-2658 (fax} alambCa~slifer.net 846-1001 (w} 977-0268 476-5366 (h} 845-9979 (fax) rallie(a~nedbo.com 949-4257 (w} 477-0725 (h} Unit F-1} 949-1084 (f) ahartmanla7zehren.com D~,SIG~I REVJEW BOARD Name/Address Charles S. Acevedo 993 Lions Ridge Loop #431 (Breakaway West} Vail, CD 81657 Bill Pierce (Vice-Chair) 2998 S. Frontage Rd. W. Vail, CCl 81657 Telephone Number 477-1819 (h) 949-9322 (w} 949-{1629 (fax) imp-archc`a mountainmax.net 476-6342 (w} 476-9276 (fax} bill c~.vailarchitects.com 3!31!03 3/s1143 3131103 3131104 3!31104 3/31104 3131f44 Term Expire 3/31103 3131143 Clark Britain (Chair} 476-1©85 (fax)328-4696 (voice mail} 3131104 P.Q. Box 2172 479-7351 (h) Vail, CO 81658 plans Woidrich 479-9577 {w!h) 1650 E. Vail Valley Drive 479-9329 {fax} Vail, CO 81657 3!31!04 Margaret Garvey Rogers 479-9535 (wlh} 3!31104 799A Potato Patch Drive 479-7462 (fax} ~ CO 81657 maarvev~r~..vail.net PEC Representative on Gpen Space Committee -Chas Bernhardt (2002) PEC Representative on AIPP -George Lamb (2002) o2r26ro~ Terms Served 06!96 - 03f02 (3}* asps - 4s142 {2}* 03!99 - 03102 {2}"' 12!01 - 03102 (1 }" (finishing out Tom Weber's term} 03102 - fl3/04 {1 } 03102 - 03104 (1 } 43102 - 03104 (1) fl3102 - fl3104 (1 } ~~~~;5 0~~~ (1}* 03197 - 03/03 (3}" 03/96 - 03104 (4}* 03198 - 03104 {3}w 03102 - 03104 (1 }'' "This denotes the number of terms served by each 'board member (2 years = 1 term). 1Vlemorandum To: Vail Town Council Planning ~'c Environmental Commission Design Review Board From: Community Development Department Date: February 4, 2003 Subject: Summary of .Ioint Meeting Regarding Coordination and Communication Qn February 4, 2003, the Vail Town Council, Planning & Environmental Commission, and Design Review Board met to discuss matters of caordination and communication with the goal of improving the Town's development review process. The purpose of this memorandum is to provide a summary of the matters discussed and to outline the next steps identified for future action and eonsideratian. RESPQNSIBILITIES Agreement was reached with regard to roles and responsibilities. It was agreed that the roles and responsibilities, as outlined in the in the staff report entitled, "Roles and Resoonsibilities of the Town of Vail 8oaa-ds and Staff", dated July 16, 1999, addressed the distinctions and responsibilities of each of the respective reviewing. bodies and the content of the document would be used as a reference tool for future develaprnent review activities, Further agreement was reached that each board, regardless of preconceived notions or beliefs of how the other Boards may respond to a development review application, would review the application for compl'aance with the Town's adopted criteria, master plans, and goals for which they are charged to address. For example, the PEC shall focus on the applicable development criteria and make findings as required regardless ofhow they think the Town Council may react to the application. COMMUNICATION BETW'EE1V BOARDS The Boards discussed the matter of the effective flow of communication. It was agreed that staff will prepare written communication that summarizes the actions of the various Boards an major development review applications and policy-related matters. The written communication will be approximately one page in length. The purpose of the written communication is to share factual information on matters and applications before the Boards. This communication will be disseminated via a-mail and direct correspondence passed nut at the meetings. The Council requested that the staff elaborate more on the PECIDRB report to the Council ether than await questions from the Council members. Council members agreed to call or contact the planners directly with specific questions development applications as they arise. lMPR®VED DECISION-MAKING The Boards agreed that improvements could be made to the decision-making process. To that end, the Boards agreed that fewer worksessions would improve the review process and result in quicker decisions; either approval or denial. The Boards agreed that tabling an item far the sake of not denying an app]ication was neither efficient nor effective decision-making. It was agreed that, depending on the scope and magnitude of the application, one to three worksessions would suffice with most requests. It w11 be the respvnsibility of the staffand the Boards to not allow applications to proceed forward if required or requested information is not provided by the applicant and to deny applications that do eat meet the cstabl fished criteria or comply with master plan objectives. PUBLIC IMPROVE1v1ENTS The Commission and Boards discussed their positions on public improvements and requirements for mitigation of development impacts (ic. strcetscape, lighting, employee housing). It was agreed, that the Planning ,4c Envirorunenta! Commission would continue to review projects for compliance with criteria outlined in the Town's adopted regulations and planning document. For example, the Commission will review a development application and ensure that all mitigation of development impacts are addressed as required by Section 12-7H- l $, Lionshead Mixed Use I zone district. Section 1 Z-7FI-1$ states, ;`yPr~aperty owners/developers shall also be responsible for mitigating direct impacts of their dev~lnpment on pttblic infrastrttcture and in all cases mitigativtx shall bear a reasonable r°c~lativn tt~ the development impacts. Impacts may he determined based on reports prepared by qualifred constrltunts. The ertcna of mitigation and public amenity inrprpvements shall he balanced with the goals of redevelopment arrd wilf be determined by the planning and envirc~nmenta! cwnmi.ssinn in review of development projects oriel conditional use permits. Mitigatinrr pf impacts may include, but i.s nr~t limited tv, the fvllr~wing: roadway irnprnventents, pederuiurr walkway impravenrents, streetscape impr©vements, stream tractlhank improvements, puhlic• art improvements, anti srtnilar irnpravements. The intent of'this section is to only rec)uire mitigation for large scale redevelopment/development prc3jecrs tivhich produce srrh.stantial roll site inrpac7s•. " The Town Council will continue to be involved regarding matters of public improvements when a public policy is considered. For example, should employee housing requirements be met in-town or down valley ar should Bridge Street be heated or unheated'? The Council will work towards a broad cost-sharing agreement with private developers to develop a framc4vork for financing the cost of the projected public improvements in Lionshead. GUIDELINES FOR TA)3LING AGENI3A ITEMS The Commission identified a number of unintended consequences associated with needlessly tabling agenda items. Examples included inefficient use of time, waste of tax payer dollars, extended timeframes for development review, attempts to "wear the commission down", etc. In an effort to avoid endless tabling and a prolonged and unproductive development review process, the Commission members recommended establishing general guidelines for tabling an item on an agenda to a future meeting. Clearly, the Cotntnissian's intent is to avoid the unintended consequences, not to prevent an applicant or public due process. Thai said, the follo+~ving guidelines for cabling (reasons to table} are provided.: 1. The application is complete but additional information is needed 2. Extenuating circumstances beyond the control of the public, staf#; applicant, or commission 3. Opportunity f'or more input/feedback 4. When rnorc productive or positive ground can be made This policy is discretionary in nahtre and not intended to prevent the application of conunon sense or rr.J,c>n. • C: MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE; February 24, 2(743 .,, SUBJECT: A request for a worksession to present "Nail's Front Door" proposal; a request far a recommendation to the Vail Town Caunci) of a proposed amendment to the Vail Land Use Plan; a request far a recommendation to the Vail Tawn Caunci! of a proposed amendment to the Vail Village Master Plan; a request for a recommendation to the Vail Tawn Council of a proposed rezoning of Lots P3 & ,7, Block 5A, Vai1 Village 5"' Filing from Public Accommodation zone district (PA) to Parking zone district (P); a request for a recommendation to the Vail Town Council for the proposed zoning of an unpiatted parcel of land commonly referred #o as the "trade parcel" and Lots 1 & 2, Mill Creek Subdivision to Ski Base Recreation II zone district; a request far a recommendation to the Vail Tawn Caunci) of a text amendment to the Vail Tawn Code, Title 12, Zoning Regulations, to allow for the creation of a new zone district and to amend Section 12-7B- 13, Density Contras, Zoning Regulations; a request far a minor subdivision, pursuant to Title 13, Subdivision Regulations, Vail Town Cade, to allow for the relocation of the common property line between Lots P3 & J, Block 5A, Vail Village 5'~ Filing; a request for a recommendation to the Vaii Town Gode of a proposed major subdivision, pursuant to Section 13-3, Major Subdivision, Vail Town Gode, to allow for the putting of the "trade parcel"; a request for a conditional use permit, pursuant to Chapter 16, Title 12, of the Vail Town Code, to allow for a "private off-street vehicle parking facility and public park" to be constructed and operated on Lats P3& J, Block 5A, Vail Village 5'~ Filing; a request for an exteraar alteration ar modification, pursuant to Section 12- 7B-7, Exterior Alterations ar Modifications, Vail Tawn Gode, to allow far an addition to the Lodge at Vail; a request for a variance from Section 12- 21-1 Q, Development Restricted, Vaii Town Code, pursuant to Chapter i 7, Variances, Zoning Regulations, to allow for the construction of multiple- familydwelling units on slopes in excess of 4CJ%; and a request far the establishment of an approved development plan to facilitate the construction of Vail°s Front Door, and setting forth details in regard thereto. (A mare complete metes and bounds legal description is available at the Tawn of Vail Community Development Department) Applicant: Vail Resorts, represented by Jay Peterson Planner: George Ruttier • I. SUMMARY The applicant, Vail Resorts Development Company, represented by Jay Peterson, has requested a warksession with the Planning & Environmental Commission to discuss Nail's Front Door project. The applicant and staff are asking the Commission to listen to a presentation on the proposed master plan text and map amendments as well as consider the creation of a new zone district. Upon completion of the presentation, staff is requesting that Commission engages in a discussion with the staff and applicant and provide their input and feedback on the proposal in anticipation of making a final recommendation to the Vail Town Council on the proposed amendments and new zone district at the March 10, 2003, public hearing of the Planning & Environmental Commission. II. DESCRIPTION OF THE REQUEST The applicant, Vail Resorts Development Company (VRDC), represented by Jay Peterson, is requesting a worksession meeting with the Planning & Environmental Commission to continue discussions regarding Nail's Front [7oor project. The purpose of this meeting is to allow the staff and applicant to respond to the questions raised by the public and Commission at the February 10'h worksession meeting, to present revised master plan amendment language, and to discuss the specifics ofi the proposed new zone district establishment proposal. The staff and applicant are requesting that the Commission listen to a presentation on the project proposal and provide specific direction an the master plan amendments and the proposed new zone district establishment, in anticipation of making a final recommendation to the Vail Town Council on March 1D, 2QQ3. III. BACKGROUND On February 10, 2003, VRDC met with the Town of Vail Planning & Environmental Commission to present their plans for Nail's Front Door project. Following a presentation of their plans, the applicant and staff presented the proposed development applications that have been submitted on behalf of VRDC to facilitate the development of Nail's front Door project. One of the first steps that must be completed in the development review process for Va'sl's Front Door project is the review of proposed master plan amendments to the Vail Land Use Plan and the Vail Village Master Plan and the review of a proposal to establish a new zone district. Much of the discussion at the February 1©'" worksession meeting focused on these applications, A copy of the draft minutes #rom the February 10, 2003, Planning & Environmental Commission meeting have been attached for reference (attachment A). 1V. ROLES OF THE REVIEWING BOARl7S The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning & Environmental Commission, Town Council, and staff on the various applications submitted on behalf of Vail Resorts Development Company. A. Vail Land Use Plan/Nail Village }hAaster Plan Amendments • Plannrrrg and ~Environmenta! Commrsslan: Action: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Vail Land Use Plan and other applicable master plan documents, Design Review Board: a Action: The Design Review Board has no review authority on Land Use Plan amendments. Staff: The staff is responsible for ensuring that ail submi#tal requirements are provided. The staff advises the applicant as to consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Vail Land Use Plan and other applicable master plan documents. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, ar denial. Staff also facilitates the review process. Town Council: Action: The Town Council is responsible for final approval/denial of a Vail Land Use Plan amendment, The Town Council shall review and approve the proposai based on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Vail Land Use Plan and other applicable master plan documents. B. ZoninglRezoninq Request Planning and Environmental Commission: Action: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Gomprehensiwe Plans, and impact on the general welfare of the community.. Design Review Board: Action: The Design Review Board has no review authority on zoning/rezonings. Sta ff.• The staff is responsible far ensuring that alE submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. • Town Councii.~ Action: The Town Council is responsible for final approvalldenial of a zoninglrezoning. The Town Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. C. r Code Text Amendment Planning and Environmental Commission: Action: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal based 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 Design Review Board has no review authority on code amendments. Staff: The staff is responsible for ensuring that all submittal rectuirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides analyses and recommendations to the Planning and Environmental Commission 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 proposed text changes for consistency with the Vail Comprehensive Plans and impact. on the general welfare of the community. V. APPLICABLE PLANNING D4CUfUlENTS Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Tawn. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses 4 which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. The Vail Land Use Plan contains the following goals: 1.0 General GrowthlDevelopment ..,_, 1.1 Vail shouid continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality ofi the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible- 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban ©esign Guide Plan. 1.5 Gomrnerc'sal strip development of the Valley should be avoided. 1.6 Development proposals an the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects shouid be carefully controlled and developed with sensitivity to the environment. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.8 Recreational and public facility development on National Forest lands may be permitted where no high hazards exist if: a} Community objectives are met as articulated in the Comprehensive Plan. b} The parcel is adjacent to the Town boundaries, with good access. a} The affected neighborhood can be involved in the decision-making process. 1.9 National Forest land which is exchanged, sold ar otherwise falls into private ownership should remain as open space and not be zoned far private development. 1.10 Development a# Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.11 Town owned lands shall not be sold to a private entity, long term leased to a private entity or converted to a private use without a public hearing process. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 2.0 SkierlTourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers, 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. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational and cultural opportunities to encourage summer tourism. 2.5 The community should improve non-skier recreational options to improve year-round tourism. 2.6 An additional golf course is needed. The Town should work with the dawn valley communities to develop a public golf course as well as other sports facilities to serve the regional demand for recreational facilities. 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. 2.8 Day skiers need for parking and access should be accommodated through creative solutions such as: a) Increased busing from out of town. b) Expanded points of access to the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. d) Addition of structured parking. 3.0 Commercial 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and I_ionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate bath local and visitor needs. 3.5 Rntertainment 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. 4.0 Village Core / I_ionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 4.4 The connection between the Village Core and Lionshead should be enhanced through: a} Installation of a new type of people mover. b} Improving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, andfor sculpture plaza. o} IVew development should be controlled to I'rmit commercial uses. 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time-share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands far a full range of housing types. • 7 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. Chapter V111,3.G of the Vail Land Use Plan outlines the amendments procedures for proposed changes to the master plan. The amendment process is one which is intended to assure the Plan's effectiveness with periodic updates to reflect current thinking and changing market conditions. The process includes arrtendrnents which may be initiated in any of the following three ways: A. By the Community Development Department B. By the Planning & Environmental Commission or Town Council G. By the Private Sector Pursuant to Ghapter VII1.3.G.2, in part, (an application initiated by the private sector), "Such applications will be considered at a meeting with the PEC. At the PEC public hearing, a recommendation shall be made to the Tawn Council, whereupon a decision shah then be rendered. Ta change the by this procedure, it shall be the responsibility of the applicant to clearly demonstrate haw conditions have changed since the Plan was adopted, how the Plan is in err©r, or how the addition, deletion, ar change to the Plan is r'n concert with the Plan in general. Such decision may include approval, approval with condrtlans, ar denial, ,Amendments may be requested for changes to the goals and policies and/ar Land Use Plan map. if such request is approved, such change shall be made to the Plan document and/or map. !f such request is denied, no such request that is substantially the same as that previously denied shall be considered far a period of one year. " An amendment to the Vail Land Use Plan shall be approved by the Vail Town Council upon passage of a resolution. Vail Village Master Plan The Vai! Village Master Plan is based on the premise that the Viilage can be planned and designed as a whale. It is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most importantly, this Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. The Vail Village Master Plan is intended to be consistent with the Vail Viilage Urban Design Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. • Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives, whether it be through the review of private sector development proposals or in implementing capital improvement projects. The Vail Village Master Plan's objectives and policy statements address key issues relative to growth and development. These statements establish much of the context within which future development proposals are evaluated. In implementing the Plan, the objectives and policies are used in conjunction with a number of graphic planning elements that together comprise this Plan. While the objectives and policies establish a general framework, the graphic plans provide more specific direction regarding public improvements or development potential on a particular piece of property. The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and Town Councif in analyzing future proposals far development in Vail Village and in legislating effective ordinances to deal with such development. The most significant elements of the Master Plan are the goals, objectives, policies and action steps. They are the working tools of the Master Plan. They establish the broad framework and vision, but also layout the specific policies and action steps that will be used to implement the Plan. As noted on page 35 of the Master Plan, "It is important to note that the likelihood of project approval will be greatest for those proposals that can frilly comaly with the l~ai! Village Blaster Plan. " Staff believes this statement re-emphasizes that the Master Plan is a general document providing advisory guidelines to aid the Town in analyzing development proposals and that full compliance is not required in order for a project to be approved.. The stated goals of the Vail Village Master Plan are: Goal #t f=ncourage high quality redeveiopnnent while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 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. Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. l? Goan #4 To presence existing open space areas and expand green space opportunities. Goal #~ Increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout the Village. Goal #6 To insure the continued improvement of the vital operational elements of the Village. ~~ ~, The Vail Village Master Plan contains procedures for considering amendments to the Pian. In accordance with the Vail Town Cade, the plan shall be adopted by the Planning and Environmental Commission of the Town of Vail and approved by the Town Council. The Planning and Environmental Commission may adapt extensions, additions, or amendments to the Plan for approval by the Town Council. Before the adoption of the Plan, or any such amendment, extension, or addition, the Planning and Enwironmenta[ Commission shall bald at least one public hearing, thereon, notice of the time and place of which shall be given by one publication in a newspaper of general circulation in the Town of Vail no later then seven days prior to the date set for the public hearing, The adoption of the Plan shall be by motion of the Planning and Environmental Commission recommending approval of the Plan by the Town Council. Approval of the Plan or any amendment, extension, or adoption #hereto shall be by a resolution of the Town Council at a regular or special public meeting. Tc~wr~ of Vail Comprehensive O~gen Lands Plan In 1994, the Vail Town Council adopted the Comprehensive Open Lands Plan. The purpose of the plan is to identify priorities far open space and recreation needs communicated by the citizens of Vail. The citizens identified the following needs, in order of priority: Acquisition, preservation and protection of natural open space; Improvement of the trail and bike path system in and around Vail; Creation of additional recreation opportunities in a regional context. The Comprehensive Open Lands Plan is an action-oriented plan that identifies specific parcels of land that require some Find of action for either protection of sensitive lands, for trail easements and critical trail connections, or for future public use. The Comprehensive Open Lands Plan -Aaron Plan map identifies a portion of Vail's Front Door project development site as "Parcel ~7/Parcel C': According to the Plan, "Parcel 27/Parce! ~" is categorized as a "Hrgh Prlorlty (L+;7A ParcelJ" action step recommending that the Town of Vail and the adjacent landowner acquire the northwest portion ,(Parcel 27j of the parcel through annexation and de-annex {disconnect} the southwest portion C'Parcel CJ of the parcel from the Town of Vail. As a result, in 1999, (Ordinance #29, Series of 1999) the Town of Vail approved the disconnection of "Parcel C"from the Town of Vail municipal boundary and met the contractual obligations outlined in the Land Ownership Adjustment Agreement. Subsequently, the Town of Vail initiated a zoning map f f} '~ amendment and subdivision application (Ordinance #35, Series of 1999 to re- plat that portion of USFS land within the Tawn of Vail and transfer ownership to private adjacent property owners. This action resulted in complying with the intent of the Plan which was to remove USFS-awned lands from within the Town of Vail municipal boundary. The application for annexation plat approval submitted on behalf of Vail Resorts Development Company is intended to address the Plan recommendation that the northwest portion of the parcel {Parcel 27~ be °acquired iron the USFS" per the Land Ownership Adjustment Agteement (LOA). A copy of the relevant sections of the Comprehensive Open Lands Plan has been attached for reference (attachment C). VI. DISCUSSION ISSUES A. Applican#/Staff Response to PubliclCammission Questions At the February 1 Q'h Planning & Environmental Commission warksession meeting the staff and applicant discussed the proposed project. In discussing the project, numerous questions were raised by the members of the Commission and public. Most of the questions that were raised were answered at the meeting. Several questions, however, could not be answered at the time and required additional research on the part of the applicant or staff. The applicant has prepared a written response to the unanswered questions, Please refer to the copy of the memorandum entitled "Vaif's Front Daor Foliow- up Questions from February 10"' PEC Meeting" for responses to the questions {attachment B) B. Vail Land Use/Nail Village Master Plan Amendments The applicant is proposing text and map amendments to the Vail Land Use Plan and Vail Village Master Plan. The proposed amendments are intended to facilitate the development of Nail's Front Door project. The applicant is initiating three amendments to the Vail Land Use Plan. The amendments include: 1. A text amendment to the existing goal/policy statements regarding the annexation of United States Forest Service lands into the Town of Vail. 2. A text amendment to the language describing the Ski Base-S8 land use designation. 3. A map amendment to the Plan map to include Nail's Front Doar development site into the boundaries of the map. The applicant is initiating three amendments to the Vail Village Master Pfan. The amendments include: 1. A text amendment to the language describing the Skr Base/Recreatlan land. use category. 2. Map amendments to the Vail Village Master Plan Illustrative Plans to include the development site of Nail's Front Door project. 3. A map amendment to add a new sub-area (Sub-Area #t 1, Nail's Front Door) It to the Action Plan. The Commission and applicant discussed the proposed master plan amendments at the February 10, 2D03, worksession. During the discussions it was rec©mmend by the Commission that the applicant and staff review the proposed language and make revisions. According to the Commissioners, the purpose of the revisions would be to strengthen the language to prevent unwanted land exchanges and to remove any ambiguity from the language. In response to the Commission's input, the staff and applicant are proposing the following master plan text amendment language: Vall Land Use Plan, Ghapter If, Section. 1, paragraph 1.9, and Chapter Vi, Section 2, Sub-section E, paragraph 4 National Forest Land which is exchanged, sold, or otherwise falls into private ownership should remain as open space and not be zoned for private development provided that proposed zoning and subsequent private development may be considered if private development is deemed to be fi substantial compliance with the planning documents that comprise Vail's comprehensive plan; it is determined that private development is compatible with the development objectives of the Town; and that a compelling public interest can be achieved as a result of the proposed zoning. and Chapter VIII, Section 2, paragraph E, Jn the future, the Town may desire to annex National Forest lands for the purposes of recreational and/or public facility development. Thrs wJll involve close coordination with the Forest Service. 1ational Forest Land which is exchanged, said, or otherwise falls into private ownership should remain as open space and not be zoned for private development provided that proposed zoning and subsequent private development may be considered if private development is deemed to be in substantial compliance with the planning documents that comprise 1/ail's comprehensive plan; it is determined that private development is compatible with the development objectives of the Town; and that a compelling public interest can be achieved as a result of the proposed zoning. Chapter VI of the Vail Land Use Plan establishes a number of different land use categories, one of which is Ski Base - Sg. The applicant is proposing to amend the definition ofi the Ski Base - SB land use category. The purpose of the amendment is to expand on the existing definition to more accurately reflect the type and nature of ]and uses typically associated with ski base activities. The staff and applicant are proposing the following master plan text amendment language; S8- Ski Base Ski base areas are designated at the main mountain portals found within the Town. Uses and activities for these areas are intended to encourage a safe, convenient and aesthetically-pleasing transition between the ski mounta~'n and surrounding land use categories. The range of uses and activities appropriate in the Ski Base (SB) land use category may include skier and resort services, ski lifts, ski traits, base facilities, public restrooms, ticket sales, private clubs, l '? pedestrian plazas and venues, parking and lQading facilities, and residential, retail, and restaurant uses. Vail Village Master Plan, Chapter VI, Illustrative Plans The staff and applicant are proposing the following master plan text amendment language to the land use category definitions found in the Vail Village Master Plan: ~.. Ski Base/Recreation Located at the base of Vail Mountain in the Golden Peak area and immediately ad1acent to Vail Village, this designation is intended to provide for the facilities and services inherent to the operation of a ski area. Uses and activities far these areas are intended to encourage a safe, convenient, and aesthetically-pleasing transition between the ski mountain and surrounding land use categories. The range of uses and activities appropriate in the Ski Base/Recreation land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, private clubs, pedestrian plazas and venues, parking and loading facilities, and residential, retail, and restaurant uses. Map Amendments To facilitate the proposed text amendments to the master plans, amendments are needed to the master plans. The maps are intended to provide an illustrative depiction of the goa6s of the master plans. A copy of the proposed master plan map amendments has been attached for reference (attachment B}. A comple#e justification of the proposed master plan amendments, "Nail's Front Door, Proposed Amendments to the nail Land dlse Plan/Vai! Village Master Plan", dated January 6, 2803, has been attached for reference (attachment E}. Creation of a New Zane District The applicant is proposing to establish a new zone district to facilitate the development of Nail's f=ront Door project. Anew zone district is proposed as there is no one existing zone district that reflects the unictue combination of Uses and activities commonly associated with ski base areas. The decision to proceed with the establishment of a new zone district was selected after other alternatives using existing zone districts were carefully considered by both the applicant and Town staff. The staff and applicant are proposing the follow zone district language: 13 Chapter 8 ppen Space and Recreation Districts AR'T'ICLE E. SKI B~1.SElRECREATION 2 (SBR2) DIS'T'RICT SECTI(]N: 9 ~. 12-8E-1: Purpose 12-8E-2: Permitted uses 12-5E-3: Conditional Uses 12-8E-4: Accessory Uses 12-8E-5: Location of Business Activity 12-8E-b: Development Plan 12-8E-7; Development Review Procedures 12-8E~8: Submittal Requirements 12-8E-9: Design Criteria 12-8E-10: Lot Area 12-8E-11: Setk~acks 12-8E-12: T~eight t2-8E-13: Aensity Control 12-$E-14: Site Coverabc 12-8E-15; Landscaping and Site IieveloPment 12-8E-1b: Parking Pian and Program 12-5E-17: Mitigation of Development Impacts 12-8E-1$: Amendment Procedures 12-8E-19: Tirne RequiiremQnts l4 y 2-sE-i : PuRroSE: The Ski Base/Recreatian 2 District is intended to pravide sites for facilities, activities and uses appurtenant to and necessary far the operation of a ski mountain. A variety of other facilities, uses and activities, including but nat limited to residential, lodging, public and scrni-public uses and special community events typically associated with a vibrant resort community are also permitted v~Tith%n the District. The Ski Base/Recreation 2 District is intended to ensure adequate light, air, apen space and other amenities appropriate to permitted. and conditional uses throughout the District. In order to achieve this objective and to ensure compatibility with adjacent land uses, all permitted uses, development and activity within the District shall be subject to approval of a comprehensive develapment plan in accardance with the provisions of this article. 12-gE-2: 1'ERMIT'1`ED USES: A. The following uses shall be permitted within the Ski BaseA Recreation 2 District: l . Ski base-oriented uses including the following: Ski trails Ski. lifts and tows Ski racing facilities Snowmaking facilities Skier and guest services including. but nat limited to uses such as indoor ski storage, basket rental, lockers, ski repair, ski rental, lift ticket sales, public restrooms, infortrtation/activity desk Ski school offices, sales, facilities and activities Ski patrol offices and facilities Employee offices, locker moms, and meeting rooms, Retail stores and establislunents 15 Special community events, including but not limited to ski races, festivals, concerts, and recreational, cultural and educational programs and associated improvements/facilities 2. Eating and drinking establishments including the following: `~' P. 13akcries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises Coffec shop Fountains and sandwich. shops Restaurants, ^n~~ Cocktail lounges and bars Qutdoor dining decks and patios v~ ~~~n.-.r rn,,.~ ~ a.,,a;,, ~. n.,., b 3. Residential Uses including the fallowing: Fractional fee club units Fractional fee clubs Lodges Single-family residential dwelling units Two-family residential dwelling units Multi-famil}7 residential dwelling units Accommodation units 4. Private clubs 5. Private or public off-street vehicle harking. st~tiictures 16 b. Private or public off-street loading facilities 7. Public parks and outdoor recreation facilities S. :4~cc~~ ids 12-8E-3: CONDITIONAL USES: ~, The following conditional uses shall be perniitteci in the Ski Base/Recreation 2 District, subject to the issuance of a conditional use permit in accordance with the provisions of 12-1 G of this title: 1. 2. 3. 4, 5. 6. Churches Public utility and public service uses Type III employee housing units as provided in chapter 13 of this title Liquor stores Brew pubs Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions. of Section I2- 3-4 of this Title. 12-8E-4: ACCESSORY USES: The following accessory uses shall be permitted in the Ski Base/Recreation ~ District: Accessory uses customarily incidental to permitted and conditional uses and necessary for the operation thereof. Swimming pools, patios or other recreation facilities customarily incidental to ° permitted uses. 12-8E-~: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: A]1 offices, retail sales, and commercial ski storage conducted in the Ski 13ase,'Recreation 2 (SBR2) district shall be operated and conducted entirely within a building, except for approved spacial community events, outdoor display of goods, and outdoor restaurant seating. 17 $. ©utdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and emits, driveways and streets shall not be obstructed by outdoor display. 12-8E-b: DEVELQPMENT PLAN: ~. A. Development Plan Required Prior to site preparation, building construction, or other improvements to land within the Ski BaselRecreation 2 District, there shall be an approved development plan for said District or portion thereof. An approved development plan shall be the principal document in guiding the development, uses and activities of land within the district. A development plan shall be approved by ordinance by the Town Council. Development standards including setbacks, height, site coverage, landscaping, and parking shall be determined by the Town Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. This determination is to be made based on the proposed development pIan's compliance with the design criteria outlined in Section l 2-8E-'~ of this Article. B. Application An application for approval of a development plan maybe filed by any owner of property within the Ski Base/Recreation 2 district or his {her} agent or authorized representative. The application shall be made on a form provided by the Department of Community Developineiit and shall include: a legal description of the property, a list of names and mailing addresses of a.ll adjacent property owners and written consent of owners of ali property to be included in the developn-reitt plan, or their agents or authorized representatives. The application shah be accompanied by submittal requirements outlined in Section 12-8E-8 A. of this Article and a development plan as outlined in Section I2- 8E-6 C. of this Article. C. Contents is An approved development plan is the principal document in guiding the development, uses and activities within the Ski Base/Recreation 2 District. A development plan shall be approved by ordinance by the Tawn Council.. The development plan shall be comprised of materials submitted in accordance with Section 12-5E-8 A. of this Article. The development plan shall contain all relevant material and information necessary to establishrtl~e parameters within which land in tl~e district maybe developed. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan, ofl=street parking/loadingphn, ofd site improvements plan, preliminary open space/landscape plan, densities and permitted, conditional and accessary uses. 12-8E-7: DEVIELOPMENT R~VTE`~V pROCEDtiRES: A. Pre-Application Conference Prior to submittal of a formal application for a development plan, the applicant shall hold apre-application conference with the Department of Community Develaprrzent. The purpose of this meeting shall be to discuss the goals of the proposed development plan, the relationship of the proposal to applicable elements of the Vail Comprehensive Plan, and tkze review procedure that will be followed for the application. B. PEC Conducts Initial Review The initial review of a proposed development plan shall be held by the Planning and Enviromnental Commission at either a regularly scheduled meeting or a special meeting. Prior to this meeting, and at the discretion of the Administrator, a worksession maybe held with the applicant, staff and the Flazaning and Environrrzental Commission to discuss development plan. A report of the Departmezat of Community Development staffs findings and recommendations shall be made at the initial formal hearing before the Planning and Environmental Commission. A report of the Planning and Ez]virozu~~zental Commission stating its findings and recommendations, and the staff report shall then be transmitted to the Town Council in accordance with the applicable provisions of Section 12-1 {~-6 of this Title. The Town Council shall consider the development plan in accordance with the provision of subsections 12-3-7D through G of this Title.. 19 12-SE-S: SUBMITTAL REQUIREMENTS: A. Information and Materials Required The fallowing information and materials shall be submitted with the initial application for a development plan. Certain submittal requirements may be waived or modified by the Departrrret~t of Community Development if it is derrtanstrated that the material to be waived or modifiedrs not applicable to the desilm criteria (Section 12-8E-9 of this Article), or other practical solutions have been reached: 1. Application farm and filing fee. 2. A written statement describing the nature of the project to include information on proposed uses, densities, nature of the development proposed, contemplated ownership patterns and phasing plans. ~. A survey stamped by a licensed surveyor indicating existing conditions of the property to be included in the special development district, to include the location of improvements, existing contour lines, natural features, existing vegetation, watercourses, and perimeter property lines of the parcel. 4. A complete set of plans depicting existing conditions of the parcel (site plan,. floor plans, elevations), if applicable. 5. A complete zoning analysis of existing and proposed development to include a square footage breakdown of all proposed uses, parking provided, and proposed. densities. 6. Proposed site plan at a scale not smaller than one inch equals twenty feet (1'" = 20'), showing the approximate locations and dimensions of alI buildings and structures and all principal site development features. 7. Preliminary building elevations, sections and floor plans at a scale not smaller than one-eighth inch equals one foot {1~'8" = 1'} in sufficient detail co determine floor area, circulation, location of uses, and general scale and appearance of the proposed development. 2 (l • • $. A vicinity plan showing the proposed improvements in relation to all adjacent properties at a scale not smaller than one inch equals fifty feet {1" = 50"}. 9. Photo overlays andlor other acceptable techniques for demonstrating a visual analysis of the proposed development in relationship to existing conditions. 10. A missing model depicting the proposed development in relationship to development on adjacent parcels. 11. A preliminary landscape plan at a scale not smaller than one inch equals twenty feet {1" = 20'), showing existing landscape features to be retained and removed, proposed landscaping and landscaped site development features such as recreation facilities, bike paths and trails, pedestrian plazas and walkways, water features and other elements. 12. A proposed off-site improvements plan at a scale not smaller than one inch equals twenty feet {1" = 20'), showing all proposed off-site improvements {ie, pedestrian walkway improvements, public art improvements, streetscape improvements, and other similar improvements. 13. Sui~lshade analysis of the existing and proposed building for the springlfall equinox (March 21/September 23} and winter solstice (December 2l} at ten o'clock {10:0[?) A.NI. and two o'clock (2:00) P.M. unless the Department of Community Development determines that the proposed addition has no impact on the existing sui~,~shade pattern. Tl~e following sun angle shall be used when preparing this. analysis: SpringiFall Equinox Sun Angle 10:00 A.M. 40° east of south., 50° declination 2:00 P.M. 42° west of south, 50° declination • Winter Solstice Sun An{~le ] 0:00 A.M. 30° east of south, 20° declination 21 2:00 P.M. 30° west of south, 20° declination 14. Environmental impact report in accordance with Chapter 12 of this Title, unless waived by Section 12-12-3 afthis Title. 15, Any additional information or material as deemed necessary by the Director of the Department of Community Development. B. Copies Submitted To Tawn Officials With the exception of the massing model, four (4) complete copies of the above information shall be submitted with an application far a development plan. At the discretion of the Administrator, reduced copies in eight and one-half inch by eleven inch (8I/2'" x 11'"} format of all of the above information and additional copies for distribution to the Planning and Envirorunental Commission and Town Council may be required. 12-$E-9: DESIGN CRT'x'El<tIA: The fallowing design criteria shall be used as the principal criteria in evaluating the merits of a proposed development plan. It shall be the burden of the applicant to prove by a preponderance of the evidence that the submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. 13. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking and Loading: Corrtpliance with parking and loading requirements as outlined in Chapter 10 of tl}is Title. 22 D, Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural Andl4r Geologic Hazard: Identification and anitigation of natural andlor geologic hazards that affect the property on which the special development district is proposed. ~~ F, Design Features: Site plan, building desig~i 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. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping: Ftmctional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. I. Workable flan: Phasing plan ar subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district.. 12-$E-10: LC)T AREA: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable site area. 12-8E-11: SETBACKS: In the Ski SaselRecrcation 2 District, front, side and rear setbacks shall be as indicated on the approved development plan. 12-i3E-12: HEIGHT: In the Ski BaseJRecreation 2 District, building height shall be as indicated on the approved development plan. All development shall comply with the building height guidelines found in the Vail Village Master flan Conceptual Building Height flan. 2 12-8E-13: DENSITY CONTROL (DWELLING UNITS PER ACRE): Total density shall not exceed eight. (S) dwelling units per acre of buildable site area. 12-5E-14: SITE COVERAGE: In the Ski Base/Recreation 2 District, site coverage shall be as depicted on the approved y ~. development plan. 12-5E-15: LANDSCAPING AND SITE DEVELOPMENT: In tl~e Ski Base/l~eereatinn 2 District, landscaping requirements sha11 be as depicted on the approved development plan_ 12-8E-16: PARKING/LOADING PLAN AND PROGRAM: a#f street parking and loading shall be provided in accordance with Chapter 10 of this Title. At least one-k~alf {1/?) the required parking shall be located within the main building or buildings. er-a~ sYped'~r,' *"~ `T'^~=.,.. ~'^~~~^i'_ ;r_ rr.°ic-n ~~ ILA drn•~ per. The off-street parking and loading plan shall be depicted on and described in the approved development plan. 12-8E-17: ~+'IITICATION OF DEVELOPMENT IMPACTS Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts maybe determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment. and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tracv`bank improvements, public art improvements, and similar improvements. 24 lZ-8E-1$: AMENDI`1ENT PRCDCEDURES A. Minor Amendments; Minor amendments are modifications to building plans,. site or landscape plans that do not alter the basic intent and character of the approved special development district, and are consistent with the design criteria of ~: this Article. Minor amendments may include, but not be limited to, variations of not more than flue feet (5') to approved setbacks and,°or building footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout tYze development site; or changes to gross floor area of not more than five percent (5%} of t11e approved square footage of residential floor area or retail, office, common areas and other nonresidential floor area. 2. Minor amendments consistent with the design criteria outlined in Section 12-8E-4 of this Article maybe approved by the Department of Community Development. All minor amendments steal! be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated azxd filed by the Department of Community Development. Notification of a proposed minor amendment, and a report of staff action. of said request, shall be provided to all property owners within or adjacent to the district t11at may be affected by the amendment. Affected properties shall be as deten-rxined by the Department of Community Development. Notifications shall be postmarked no later than five (5} days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the Planning and Environmental Commission will be informed of the staff decision. In al[ cases the report to the Planning and Environmental Commission slxall be made within twenty {2{l) days from the date of the staffs decision on the requested amendment_ 4. Appeals of staff decisions may be filed by ad}acent property owners, otivners of property within the district, the applicant, Planning aaxd 25 Environmental Commission members or members of the Town Council as outlined in Section 12-3-3 of this Title. B. Major Amendments: 1. Major anaendtnents are any lai°oposal to change uses; increases to residential floor area greater thaaa 5% of the approved square footage, ~' .. increases to retail, office, or common floor area greater than S °fo of the approved square footage; increases ar decreases to the number of dwelling, accommodation, or fractional fee club units; any request to modify, enlarge or expand the boundary of an approved development plan and any amendment to the approved development plan that is not a minor amendment as determined by the Administrator and defined in this Article 2. Requests for major amendments to an approved development plan shall be reviewed in accordance with the procedures described in Section 12-8E-? of this Article. A11 major amendments shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Department of Community Development. 4wnirs of all property requesting the amendment, or their agents or authorized representatives, shall sign the application.. Notification of the proposed atnetadtnent shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the district, and owners of all property within the district that may be affected by the proposed. amendment (as determined by the Department of Community Development}. Notification procedures shall be as outlined in subsection 12-3-bC of this Title. l2-SE-19: TIME REQUIREMENTS A. Start of Construction; Completion: The developer must begin initial constilictioia of the development plan within three (3) years from the time of its fiiaal approval, and continue diligently toward tlae completion of the project.. if tlae development plan is to be developed in 2C i phases, the developer must begin construction of subsequent phases «lithin one year of the completion of the previous phase. B. Approval ~~oided: If the applicant does not begin and diligently work toward the completion of the development plan or any stage of the development plan within the time limits irilposed by tl~e preceding subsection, the approval of said development plan shall be void. The Planning and Environmental Commission and Town Council shall review the development plan upon submittal of an application to re-establish the development plan following the procedures outlined in Section 12-8E~7 of this Article. A complete justification for the proposed new zone district establishment, "Nail's Front Doer. Proposed Ski Base/Recreation 2 Zone Disfrlcf & Proposed Amendment fo Commercial Core 7 Zone District", dated January B, 2003, has been attached for refereruce ~atiachment D), VII. ATTACHMENTS A. Planning & Environmental Commission draft meeting minutes _ Fel7ruary 10, 2003. B. "Nail's Fr©nt Door Follow-uo ~4uestions from February 1f)"' PEC Meeting" C. A portion of the "Comvrehensive Oven Lands Plan" D. "Nail's Front Door. Proposed Ski Base/Recreafion 2 Zone Disfrlcf & Prc~,u©sed Amendment to Comrrrerciai Core i Zone District", dated January 6, 2003. E. "Nail's Front Door. Proposed Amendments to the Vai! Land Use PIanlWai! Villaue Master Plan", dated January G, 2003. • ?7 PLANNING AND ENVIRONMENTAL COMMISSION • • PUBLIC MEETING MINUTES Monday, February 10, 2003 PROJECT ORIENTATION 1-Community Development I]ept. PUBLIC WELCOME MEMBERS PRESENT John Schofield Chas Bernhardt Doug Cahill George Lamb Rollie Kjesbo Site Visits 1. Vail Amoco - 934 S. Frontage Road 2, Vail Front Door -Vail Village Driver: George 7 2:00 pm 1:00 pm ~~ NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from fi:00 - 6:30 Public Hearing -Town Council Chambers 2:00 pm A request for a conditional use permit, pursuant to Section 12-71-5 Conditional Uses; Generally, Vail Town Cade, to allow far an addition to a gasoline & service station, located at 934 S. Frontage Rd./Unplatted. (A complete metes & bounds description is available at the Department of Community Development upon request). Applicant: Vail Amoco, represented by George Brodin Planner: Warren Campbell Warren Campbell gave a presentation per the staff memorandum. George Brodin, owner of Vail Amoco, acknowledged the staff memorandum and indicated that he only had a concern with the 15 car limitation. He requested a larger number of parked cars; recommending 25 total. There was no public input. Kurt Segerberg, representing the applicant, summarized the application. Rollie Kjesbo stated that snow storage must be provided on site, but the parking should be left up to the applicant. George Lamb asked the applicant to provide a parking plan with screening, Attachment: A MEMBERS ABSENT Erickson Shiriey Gary Hartman .. ~._ ,~ ~ti TOWN 47~ 4'AIL ~ Doug Cahill said the additional service bay is appropriate and asked if the storm water would flaw to the storm sewer? He also said to submit a parking plan, as requested by staff and that screening should be considered. He recommended that a parking plan be submitted, versus limiting the cars to 15 spaces. Chas Bernhardt stated that a parking plan was need.. George Brodie agreed to stop pushing snow into Gare Creek. John Schofield stated that the Gommissioners agreed with the eight conditions proposed by staff and that 25 - 30 parking spaces may be ok, given adequate screening. He said that sediment control is a required. Ede said the asphalt removal must be by July 1, 2003 and that the applicant be given 60 days to remove the illegal construction. Doug Cahill moved to approve the request, per the staff memorandum with changes made to conditions 2, 3, and the addition of condition 9. 2. The applicant shall submit a parking plan, which meets the requirements of Section 12- 10-8 ofthe Vail Town Code with the required Design Review application delineating the location of the required marked parking spaces with no parking to be located wi#hin the front setback, 3. The applicant shall submit a site plan showing the location of all required snow storage with the required design Review application.. !f the proposed solution for snow storage occurs on an unpaved surface the applicant is required to provide an acceptable #orm of mitigation for filtering the sediment and other contaminants out of the snow runoff. 9. The applicant shall remove the existing illegal structure, in its entirety, no later than • April 11, 2003, or have an approved Town of Vail building permit and is diligently pursuing the construction of the above improvements. Rollie Kjesbo seconded the motion. The motion passed by a vote of 5-0 2. A request far a worksession to present "Nail's Front Door" proposal; a request for a recommendation to the Vail Town Council of a proposed amendment to the Nail Land Use Plan; a request for a recommendation to the Vail Town Council of a proposed amendment to the Vail Village Master Plan; a request for a recommendation to the Vail Town Council of a proposed rezoning of Lots P3 & J, Block 5A, Vail Village 5`" Filing from Public Accommodation zone district (PA) to Parking zone district (P}; a request for a recommendation to the Vaii Town Council for the proposed zoning of an unplatted parcel of land commonly referred to as the "trade parcel" and Lots 1 & 2, Mill Creek Subdivision to Ski Base Recreation II zone district; a request far a recommendation to the Vail Town Gouncil of a text amendment to the Vail Town Code, Title i 2, Zoning Regulations, to allow far the creation.. of a new zone district and to amend Section 12-7B-13, Density Control, Zoning Regulations; a request for a minor subdivision, pursuant to Title 13, Subdivision Regulations, Vail Town Cade, to allow for the relocation of the common property line between Lots P3 & J, Block 5A, Nail Village 5`" Filing; a request for a recommendation to the Vail Town Gode of a proposed major subdivision, pursuant to Section 13-3, Major Subdivision, Vail Town Code, to allow far the platting of the 'trade parcel"; a request for a conditional use permit, pursuant to Chapter 16, Title 12, of the Vail Town Gode, to allow for a "private off-street vehicle parking facility and public park" to be constructed and operated on Lots P3& J, Block 5A, Vail Village 5t" Filing; a request far an exterior alteration or modification, pursuant to Section 12-78-7, Exterior Alterations ar Modifications, Vail Town Code, to allow for an addition to the Lodge at Vail; a request for a variance from Section 12- 21-10, Development Restricted, Vail Town Code, pursuant to Chapter 17, Variances, Zoning Regulations, to allow for the construction of multiple-family dwelling units on slopes 2 in excess of 40%; and a request for the establishment of an approved development plan to facilitate the construction of Vail's Front Door, and setting forth details in regard thereto. (A more complete metes and bounds legal description is available at the Town of Vaii Community Development Department) Applicant: Vail Resorts, represented by Jay Peterson Planner: George Ruther John Schofield stated the process which would be followed and that work sessions would be restricted and focused. George Ruther gave a presentation, per the staff report, Jay Peterson introduced al! the individuals who were present in the room representing the applicant, He discussed the unique opportunity to accomplish something that will salve many problems in the Village. He said there are 13 separate goals which must occur to get this project through the process and issues will need to be resolved at every meeting without rehashing past issues. He said today's goals are to see an overview of the Front Daor Project as presented by Tom Braun and Dominic Mauriello. He stated that the creation of a front door doesn't mean you can ignore the rear door and gave the example of service and parking. He suggested that at the next meeting that they would come with language that would be need for the text amendments which will guide review of the project and again said they would need feedback regarding the project. He said they don't need to discuss the location of trash structures and that the process will be like an amoeba if there is no guidelines. Tom Braun did a presentation regarding the different components ofi the project and the various applications which were submitted. He said there is a real estate component which will help spin off revenue to fund the rest of the project. He then discussed the large area which would be created by moving the Vista Bahn and lowering the site 6 to 8 feet and how it could become a venue for community events, although no program has been decided an. He discussed the architecture briefly, which would include log and stone and explained the P3 & J site and the proposal to put parking and a park on the site. He said there was no existing zone district which fit the desired mix of uses that this project is proposing and touched on the need to modify and change some of the text in the Master plan and Vail Village Plan. Jay Peterson stated that he would like to get any broad feedback from the board regarding language, but he would like to work an developing language with staff and the board could react to it at the next meeting. John Schofield opened up the meeting to public comment. Jim Lamont, representing the Vail Village homeowners, gave a brief history of the working relationship which has been going on behind the scenes with VA and the Homeowners Association. He said his organization is fundamentally in favor of the project, however, there are some issues. He said far example; traffic flow, counts, and circulation. He first, addressed the public participation component of the new process that the Tawn discussed at the February ~sn joint meeting. He said there was a need for written documentation from the public and Vail Associates regarding what was discussed at each meeting. He said he would like to see the same notification that PEC uses applied to the DRB far this project and access to documentation needs to have mare bread access. He said, for example, putting the documents on the web in a timely fashion. He said the key issue with the Master Plan items is that it is not clear on open space and land use designation in the plan. He said he wants traffic flow documentation to be presented and too see steps which addresses the traffic problem. George Ruther responded that he agreed with many comments that Jim made and he would like to see the public provide comments in writing when possible. He said he would also like to narrow the focus on the concerns} regarding traffic in the area. Jeffi Winston, representing the Town, thought it was a great blend of different functions and he thought the project should be reviewed in the terms of the long term benefits for the public. Paul Johnston said he wanted to make some comments regarding P3 and J. He said there was previously an experiment regarding loading and delivery at this site, however, it has not been monitored or timed. He feels the park component will be a waste ofi money if a truck loading zone were constructed and he would like to see truck parking on Hanson Ranch Road eliminated. Rollie Kjesbo thinks that overall there is a lot of public benefit with this project and also thinks the ~~Cier services building is a good idea. He asked if there would be any public area for day skiers? Jack Hunn stated that there would be a large area that could accommodate 2,Og0 pairs of skis. He said it is more favorable to create a new zone district, but not so specific. He said he would like to see the residential component reduced to a more residential height and the asked about off-street underground loading and delivery. George Ruther talked the about underground area. George Lamb said he is really encouraged by this proposal and thinks that Golden Peak zoning was too specific, that it could be considered spot zoning. He said he gat an the board to work an projects like this. Doug Cahill asked if there was public access and drop off in the skier club area. Jack Hunn stated that it would be private. Doug Cahill would like to see a more residential height on the residential units in regards to the ski way behind the site and would like to see strict guidelines in the text amendments regarding the previous Forrest Service land. He said he likes the idea of the larger ski yard which could be used for Town events. Chas Bernhardt likes the comprehensive nature of this plan and the logical'. presentation of the ideas and asked Jeff Winston why he felt it was more logical to zone the area as one zone. Jeff Winston stated that primarily because of the extensive underground connectivity. He said since this. project is a sort of master plan, he think it lends itself to one zone district, not a separate residential district. John Schofield thinks that this first attempt is very good at being a comprehensive plan and although it isn't perfect, the overall project looks to have several positive components. He said he was curious why the staging area to the east of the Uista Bahn is not included in this proposal and asked if it should be? He said he would like to see a plan of when and what will be presented at future meetings and he would like to see more detailed ski yard activities. He then the discussion to specific comments regarding text changes. Doug Cahill asked Tom Braun to return to the slides with the text amendments and for him to briefly explain why he changed what he did. Tom Braun went through each change and the reasons why they made the changes they made and then addressed the map changes they made. Jeff Winston made some comments regarding the revised statements. 4 Chas Bernhardt believes the Master Plan is outdated and revamping it is good, but he is not fatally convinced on a new zone district. Rollie Kjesbo said he is concerned about opening the door too much to all people who want to develop land trades. George Lamb disagreed with Rollie and thought that it should be more broad and said he likes the word mav. He said he thinks that a rezoning is the way and cautioned that the pitfalls of the Golden Peak. rezoning should be avoided. John Schofield stated that this was a #airly complex proposal and that was why work sessions were+b~neficial. He too is also concerned about opening the door to everyone conducting land trades. He said to look at the public benefits as a criterion and made a comment about page seven which made a change to height. He said he would like to see that cleaned up, so we can all say that 9 foot floor plates don't work anymore. Jay Peterson committed to coming up with language for the board to react to. Since this was a work session, there was no vote taken. 3. A request for a recommendation to the VaN Town Council, to allow for tent amendments to Title ~ 1, Sign. Regulations, Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner; Russell ForrestlMatt Gennett MOTION: George Lamb SECOND: Rollie Kjesbo VOTE: 5-0 TABLED UNTIL FEBRUARY 24, 2003 4. A request. for a final review of a proposed major exterior alteration, pursuant to Section 12-7A- 12, Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a conditional use permit, pursuant to Section 12-7A-3, Vail Town Code, to allow for a fractional fee club; a recommendation to the Vail Town Council of a text amendment Section 12-7A-3 {Conditional Uses}, Vail Town Code, to allow for retail uses in a lodge in excess of 10% of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Section 12-7A-10 (Landscaping & Site Development}, Vail Town Code, to allow for a deviation from the total landscape area requirement, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive/Lots K & L, Block 5E, Vail Village 151 Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc Planner; George Ruther/V1Jarren Campbell MOTION: George Lamb SECOND: Rollie Kjesbo VOTE: 5-0 TABLED UNTIL MARCH 24, 20f}3 5, Approval of January 27, 2003 minutes MOTION: Doug Cahill SECOND; George Lamb VOTE: 4-Q {Kjesbo abstained} 6. 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 C©mmunity Development Department, 75 South Frontage Road. Please call 4T9-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information, .- >r • ~ 1~~,~/1~~1'~ ~~~~~ 1~~f IE~, al~~o PiANN1NG and CDMMUNlTY DEVELOPMENT MIEMQRANDUM • TO: George Ruther CC: Alex Tskenderian Jay Peterson FROM: Torn Braun, Braun Associates, Ine. DATE: February 1~, 2003 RE: Vail's Front Door/Additional Subnnittal Material As per our discussions over the past week, attached you will find additional information for Vaii's Front Doar. This information includes: 1. Follow-up Questions from Frevious PEC Meeting In an effort to ensure a thorough and efficient review process, we have prepared a brief summary of questions raised by the PEC at their last meeting. The attached summary includes a response to these questions. We intend to provide these follow-ups for every PEC meeting. It is not the intention of these follow-ups to include all questions raised during the previous PEC meeting. Rather, the follow-ups will address questions that we 1) were not able to provide an answer at the PEC meeting, or 2}warranted further explanation. 2. Development Review Process As per the request of the PEC, attached you will fund a general outline of anticipated meetings and hearing necessary to review the Front Door project. 3. Revisions to Maps Revisions have been made to the following master plan maps: Graphic depictions of sub-area concepts have been added to the VVMP Action Plan The VVMP Conceptual Height Plan has been modified with the addition of a "l-2 story building height designation" in and around the Vista Bahr ParkJskier services building area of the Front Door The Land Use Map of the Vail Land Use Plan has been modified to slightly expand the "Ski Base" land use designation At the PEC meeting we will have full sized (30"x42") copies of the VVMP maps that have been revised to reflect these Y~.,~osed amendments. Flease let me know if there is any other information we can provide to facilitate your review. Edwards Village Center, Suite C-209 Ph. - 970.926.7575 0105 Edwards Village $oulevard Fax - 97D.926.7576 Post C)ffice Box 2658 www.braunassociates.cam Edwards, Colorado 8 1632 Attachment: B f,. Wail's Front Daor Follow-up Questions t'rorn February loth PEC Meeting The following is a brief summary of questions raised at the PEC's February 10`h meeting. 1. Will there be public skier access/drop-off to the cul-de-sac in front of the skier club? There will be no skier drop-off in this area. The primary purpose of the cul-de-sac is an emergency vehicle turn-around. It is anticipated that traffic on this road may be "gate controlled" at Vail Road in order to minimize traffic. 2. How will the Vista Bahn Park be used for public events? Vail Resorts is not proposing any program of activities or events for this area,. Proposed plans for Vista Bahn Park simply provide a much improved setting that could provide a venue for such events in the future. 3. In lieu of the Ski 8ase/Rec Z zone district, why not separate the Front Door into a number of different zone districts? Zoning the property a number of different districts is fundamentally contrary to the master plan approach that has been taken with the design and planning of the project. In addition, from a technical standpoint, the nature of the design would make it very difficult to "draw lines between districts". For example, the underground parking/loading levels cover much of the site. Dividing the site into multiple districts would likely result in the parking/loading facility being located in multiple zone districts. 4. Does the VR "staging area" along Mill Creek Circle go away? There are no plans to eliminate the use of this area as an event staging area. 5. What is the anticipated timeline/review process for the project? A, proposed review process has been provide and will be presented to the PEC at their next meeting. 6. In lieu of referring to "the approved development plan", does the proposed Ski Base/Recreation 2 zone district need to include development standards? This is one of the fundamental questions pertaining to how this new zone district is structured. The pros and cons of whether to incorporate specific development standards into the districdt will be addressed in the staff memo and will be a major point of discussion at the next PEC meeting. • 7. Is it appropriate for Vail's land use plans to address land that is not currently within the Town boundary? It is very common for community roaster plans to "go beyond their boundaries". Community boundaries do change over time and for that and other reasons, it makes good sense for master plan documents to address areas nat currently within a community's boundaries- VAIL'S FRONT dOOR REVIEVN' PROCESS Sten Planning and Environmental Commission Other Boards 1 PEC Work Session #1 {Feb 1t}} Project. C}VeNieW Master Plan Amendments 2 PEC Work Session #2 (Feb 24} Project Fallow-up from Previous Meeting Master Plan Amendments Code Amendments-SBRl2 and CCI Projec# Review Schedule 3 PEC Hearing #1 {March 1 q} Project Follow-up from Previous Meeting Master Plan Amendments-recommendation to TC Cade Amendments-recommendation to TC 4 Town Council Hearings Master Plan Amendments {by resolution} Code Amendments {by ordinance} 5 PEC Work Session #3 Project Follow-up from Previous Mee#ing Review of Project Design Re-zoning of P31J and Front Door 6 Design Review Board Project OverviewlConceptual Review 7 PEC Word Session #4 Project Follow-up from Previous Meeting EIRfDiscussion of Developmen# impacts Review of Public Improvement Plan 8 Town Council Hearinos Annexation of Front Door {by resolution and ordinance} 9 Design Review Board 2nd Conceptual Review 14 PEC Hearing #2 Re-zoning of P3 and Front Daor-recommendation to TC CUP's-conditional on re-zoning SBRl2 Development Plans-conditional on re-zoning Subdivision of P31J -conditional on re-zoning Variance -conditions! on re-zoning Exterior Alteration for Lodge-conditional on re-zoning 11 Town Council Hearinos +~ Re-zonings of P31J and Front Doar 12 Design Review Board Final DRB review ~' ,~ ~i .~ ,V _ i~r. ~ . r'tii ~ ~ - . .~_ .~~ Wg :~ ~ - :. 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Attac#~rr~~nt: C ,.. ~ m m ~ ~ ~ ~ m m z F 7I !! s • VAIL'S rRONT DOOR • Proposed Ski Base/Recreation 2 Zone District • Proposed Amendment to Commercial Core 1 Zone District Submittal To The Town of Vail Submitted by: VA~L RESORTS DEVELOPMENT COMPANY January 6, 2003 Attachment' D • • ~ 18,1/a~1R~fl~ A~~SC~~i[,~~ES, I1~l~. PLANNPNC and CC)MMUNITY DEVELOPMENT January 6, 2002 George Rusher, AICP Chief of Planning Town of Vail 75 5. Frontage Road Vail, CG 81657 Re: Proposed Ski Base/Recreatian 2 Zane District and Amendment to text amendment to Commercial Core 1 Dear George; Enclosed you will find Vail Resorts Development Company's application for a zoning code text amendment to create the new Ski BaselRecreation 2 zone district and amend the Commercial Core 1 (CCI) zone district. The following provides a bit of background with regard to these two amendment proposals. The proposed amendments and a summary of their compliance with applicable review criteria follows. Ski BaselRecreation 2 Zane District As you are aware from our previous discussions, Vail Resorts Development Company (VRDC) is proposing to annex and develop land at Vail's Front Door. The existing and proposed uses at the Front Door are consistent with those uses and activities commonly found at the base of a ski mountain. In review of the Town's existing zone districts there is not an existing zone district that reflects the unique combination of uses and activities typically associates with a ski base area. As a result, VRDC is proposing a new zone district that responds to the unique conditions of a ski base area. In addition to the proposed district, we have also provided a response to the review criteria used by the Town to evaluate code amendments. The proposed Ski Base/Recreation 2 zone district was modeled after the existing Ski Base Recreation zone district that that was written for the Golden Peak base area. We have crafted the uses and criteria for this new zone district to reflect the standards and criteria found in other chapters of the Town Code such as the Special Development District chapter. Commercial Core I Amendments An element of the Front Door project includes a modest expansion to gross residential floor area (GRFA) at the Lodge at Vail. This expansion includes additions to three existing hotel rooms and the addition of two new hotel rooms. Three existing hotel rooms will be removed in Edwards Village Center, Suite G209 Ph. - 970.926.7575 4105 Edwards Village Boulevard Eax - 970.926.7576 Post Uffice Box 2658 www.braunassociates.cmm EdwarYJs, Colorado 81632 conjunction with this expansion and as a result there is no net increase to hotel rooms. There is, however, an increase of approximately 2,000 square feet of new GRFA. The Lodge at 'N'ail has no remaining development potential necessary to construct this additional GRFA. As a result, a code amendment is proposed to the CCI district that would allow, under certain circumstances, a small increase to allowable GRFA and units to CCI properties that are built to or exceed allowable GRFA or units, This "additional development" would be available only if used for accommodation units. As with the recently approved amendments to the Public Accommodation zone district and the Lonshead Mixed Use zone districts, his additional development potential is seen as a mechanism for encouraging the upgrading and enhancement of existing properties in the Village. In addition to the proposed amendment, we have also provided a response io the review criteria used by the Town to evaluate code amendments. VVe hope that you will find our application materials complete and our proposal reasonable. If you have any questions or need additional information please do not hesitate to call me at 926- 7575. Sinter ly, `1 ~ -~_ Thomas A. Braun, AICP CC: Alex Iskenderian Jim Thompson Jack Hunn C 2 SKI BASEIRECREATION ~ DISTRIC'T' January 6, 2002 12-8E-1: PTJRPOSE: The Ski SaselRecreatian 2 District is intended to provide sites for facilities, activities and uses appurtenant to and necessary for the operation of a ski mountain. A variety of other facilities, uses and activities, including but not limited to transient lodging, public and semi-public uses and community events typically associated with a vibrant resort community are also permitted within the District. The Ski Base/Recreation 2 District is intended to ensure adequate light,. air, open space and other amenities appropriate to permitted and conditional uses throughout the District. In order to achieve this objective and to ensure compatibility with adjacent land uses, all permitted uses, development and activity within the District shall be subject to approval of a comprehensive development plan in accordance with the provisions of this article. 12-8E-2: PERMT ~ ~. ~:D iJSES: A. The following uses shall be permitted within the Ski Basel Recreation 2 District; 1. Ski base-oriented. uses including the fallowing: Ski trails Ski lifts and tows Ski racing facilities Snowmaking facilities Skier and guest services including but not limited to uses such as ski storage, basket rental, lockers, ski repair, ski rental, lift ticket sales, rest rooms, infortnatiortlactivity desk Ski school offices, sales and facilities Ski BaselAecreation 2 Zone District Amendment to Commercial Core 1 Zone District Ski patrol offices and facilities Employee offices, locker rooms, meeting rooms, etc. Retail stores and establishments Community events, including but not limited to ski races, festivals and concerts, and associated impravementslfacilities 2. Eating and drinking establishments including the following: Restaurants, cafeterias Lounges, bars Outdoor dining decks and patios Outdoor food vending carts - 3. Residential Uses including the following: Fractional fee units Fractional fee clubs Lodges Single-family dwelling units Two-family dwelling units Multifamily dwelling units Accommodation units 4. Private clubs 5. Parking, including enclosed parking structures 6. Public and private loading facilities Ski Base/Recreatian 2 Zane District Amendment to Commercial Care 1 Zone District 2 7. Parks and outdoor recreation facilities S. Access roads 12-5E-3: CONAITIDNAL i3SES: The following conditional uses shall be permitted in the Ski Base/Recreation 2 District, subject to the issuance of a conditional use permit in accordance with the provisions of 12-16 of this title: 1. Churches 2. Public utility and public service uses 3. Type III employee housing units as provided in chapter 13 of this title 4. Liquor stores 5. Brew pubs 6. Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of Section 12-3-4 of this Title. 12-5E-4: A~CESSQRY L15ES: The following accessory uses shall be permitted in the Ski Base,/Recreation 2 District: Accessary uses customarily incidental to permitted and conditional uses and necessary for the operation thereof. Swimming pools, patios or other recreation facilities customarily incidental to permitted uses. • Ski Base/Recreation 2 Zone L)istrict Amendment to Gommerciaj Core 1 Zone District 3 12-5E-5: DEVELOPMENT PLAN: A. Development Plan Rewired Prior to site preparation, building construction, or other improvements to land within the Ski Base Recreation 2 District, there shall be an approved development plan for said District or portion thereof. An approved development plan shall be the principal document in guiding the development, uses and activities of land within the district. A development plan shall be approved by ordinance by the Town Council. Development standards including setbacks, height, site coverage, landscaping, and parking shall be determined by the Town Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. This determination is to be made based on the proposed development plan's compliance with the design criteria outlined in Section 12-5E-8 of this Article. B. Application An application for approval of a development plan may be filed by any owner of property within the Ski Base/Recreation 2 district or his (her} agent ar authorized representative. The application shall be made on a form provided by the Department of Community Development and shall include: a legal description of the property, a list of names and mailing addresses of all adjacent property owners. and written consent of owners of all property to be included in the development plan, or their agents or authorized representatives, The application shall be accompanied by submittal requirements outlined in Section 12-8E-7 A. of this Article and a development plan as outlined in Section 12-8E-5 C. of this Article. C. Contents An approved development plan is the principal document in guiding the development, uses and activities within the Ski Base/Recreation 2 District. A development plan shall be approved by ordinance by the Town Council The development plan shall be comprised of materials submitted in accordance with Section 12-8E-7 A. of this Article. The development plan shall contain all relevant material and information necessary to establish the parameters within which land in the district may be developed. The development plan may consist of, but not. be limited Ski BaserRecreatian 2 Zone Districf ,Amendment to Comrnercial Core 1 Zone District 4 to, the approved site plan, floor plans, building sections and elevations, vicinity plan, parking plan, preliminary open spacellandscape plan, densities and permitted, conditional and accessory uses. 12-8E-b: DEVELOPMENT REVIEW PRQCEDURES: A. Pre-Application ConfL~~~,ce Prior to submittal of a formal application for a development plan, the applicant shall hold apre- applieation conference with the Iepartment of Community Development. The purpose of this meeting shall be to discuss the goals of the proposed development plan, the relationship of the proposal to applicable elements of the Town's Master Plan, and the review procedure that will be followed far the application. B. PEC Conducts Initial Review The initial review of a ~,~ „yosed development plan shall be held by the Planning and Environmental Commission at either a regularly scheduled meeting or a special meeting, Prior to this meeting, and at the discretion ofthe Administrator, a work session may be held with the applicant, staff anal the Planning and Environmental Commission to discuss development plan. A report of the Department of Community Development staffs findings and recommendations shall. be made at the initial farrnal hearing before the Planning and Environmental Commission. A report of the Planning and Environmental Commission stating its Endings and recommendations, and the staff report shall then be transmitted to the Town Council in accordance with the applicable provisions of Section 12-1 b-G of this Title. The Town Council shall consider the development plan in accordance with the provision of subsections 12-3-7D through G of this Title. • Ski Base/Tleereation 2 Zone District Amendment to Commercial Care I Zane District 12-8E-7: SUBMITTAL REQUIREMENTS: A. Information and Materials Required The following information and materials shall be submitted with the initial application for a development plan. Certain submittal requirements may be waived or modified by the Department of Community Development if it is demonstrated that the material to be waived or modif ed is not applicable to the design criteria (Section 12-$E-$ of this Article), or other practical solutions have been reached: 1. Application form and filing fee. 2. A written. statement describing the nature of the project to include information on proposed uses, densities, nature of the development proposed, contemplated ownership patterns and phasing plans. 3. A survey stamped by a licensed surveyor indicating existing conditions of the property to be included in the special development district, to include the location of improvements, existing contour lines, natural features, existing vegetation, watercourses, and perimeter t,~„~erty lines of the parcel. 4. A complete set of plans depicting existing conditions of the parcel {site plan, floor plans, elevations), if applicable. 5. A complete zoning analysis of existing and proposed development to include a square footage breakdown of all proposed uses, parking provided, and proposed densities. b. Proposed site plan at a scale not smaller than one inch equals twenty feet (1 " = 20'), showing the approximate locations and dimensions of all buildings and structures and all principal site development features. 7. Preliminary building elevations, sections and floor plans at a scale not smaller than one-eighth inch equals one foot (1/$" = 1') in sufficient detail to determine floor area, circulation, location of uses, and general scale and appearance of the proposed development. • Ski BaselRecreation 2 Zone District Amendment to Commercial Core 1 Zane District 6 8. A vicinity plan showing the proposed improvements in relation to old adjacent properties at a scale not smaller than one inch equals fifty feet (I " = 50'). 9. Photo overlays and/or other acceptable techniques for demonstrating a visual analysis of the proposed development in relationship to existing conditions. 10. A massing model depicting the proposed development in relationship to development on adjacent parcels. 11. A preliminary landscape plan at a scale not smaller than one inch equals twenty feet (1" _ 20'), showing existing landscape features to be retained and removed, proposed landscaping and landscaped site devel..Y.r~ent features such as recreation facilities, bike paths and trails, pedestrian plazas and walkways, water features and other elements. 12. Environmental impact report in accordance with Chapter 12 of this Title, unless waived by Section 12-1~-3 of this Title. 13, Any additional information or material as deemed necessary by the Ilirector of the Department of Community Development. B. Copies Submitted To Town Officials With the exception of the massing model, four (4) complete copies of the above information shall be submitted with an application far a development plan. At the discretion of the Administrator,. reduced copies in eight and one-half inch by eleven inch (8112" x 11 "} format of all of the above information and additional copies for distribution to the Planning and Environmental Commission and Town Council may be required. 12-8E-8: DESIGN CRITERIA: The following design criteria shall be used as the principal criteria in evaluating the merits of a proposed development plan. 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 • Ski Base/Recreation 2 Zone District Amendment to Commercial Core 1 Zone District demonstrate that one or more of there is not applicable, or that a practical solution consistent with the public interest has been achieved: A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 1 i} of this Title. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural And/Or Geologic Hazard: identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. F, Design Features: 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 ofthe community. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 1. Workable Plan: Phasing plan ar subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. 12~$E~9: LOT AREA:: The minimum lot or site area shall be ten thousand (1 fl,000) square feet of buildable site area. Ski Base.IRecreation 2 Zone District Amendment to Gammercial Gore 1 zone District • 12-8D-10: SETBACKS: In the Ski BaselRecreation 2 District, front, side and rear setbacks shall be as indicated on the approved development plan. 12-SD-11: HEIGHT: In the Ski BaseJRecreation 2 District, building height shall be as indicated on the approved development plan. 12-SD-12: DENSITY CONTROL: Total density sha11 not exceed eight ($) dwelling unit per acre of buildable site area. 12-8D-13: SITE COVERAGE: In the Ski BaselP.ecreation 2 District, site coverage shall be as depicted on the approved development plan. 12-SD-14: LANDSCAPING AND SITE DEVELOPIVIENT: In the Ski Base/Recreation 2 District, landscaping requirements shall be as depicted on the approved development plan. 12-8D-15: PARKING PLAN AND PROGRAM: Parking. shall be as required by Chapter 10 of the Vail Zoning Regulations or as approved by the Town Council in review of the development plan. • ski Base/1~e~rLation 2 Zone llislrict Amendment tca Cornmercia] Core l Zone District 4 1Z-8D-16 AMENDMENT P1tflCEDURES A. Minor Amendments: 1. Minor modifications consistent with the design criteria outlined in subsection 12- 9A-2 (definition of "'minor amendment") of this Title, may be approved by the Department of Community Development. All minor modifications shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Department of Community Development. 2. Notification of a proposed minor amendment, and a report of staff action of said request, shall be provided to all property owners within or adjacent to the district that may be affected by the amendment. Affected properties shall be as determined by the Department of Community Development. Notifications shall be postmarked no later than five {5} days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the Planning and Environmental Commission will be informed of the staff decision. In all cases the report to the Planning and Environmental Commission shall be made within twenty (20) days from the date of the staffs decision on the requested amendment. 3. Appeals of staff decisions may be filed by adjacent property owners, owners of property within the district, the applicant, Planning and Environmental Commission members or members of the Tawn Council as outlined in Section 12- 3-3 of this Title. B. Major Amendments: 1. Requests for major amendments to an approved development plan shall be reviewed in accordance with the procedures described in Section 12-8E-6 of this Article, 2. Owners of all Y.,,Yerty requesting the amendment, ar their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the district, and owners of all property within the district that may be affected by the Ski F3ase,'9tecreatican 2 ,Zane District Amendment to Conjmercia! Core 1 Zone District 10 proposed amendment {as determined by the Department of Community Development}. Notification procedures shall be as outlined in subsection 12-3-GG of this Title. 12-8D-17 TIME REQUIREMENTS A. Start of Construction; Completion; The developer must begin initial construction of the development plan within three {3) years from the time of its final approval, and continue diligently toward the completion of the project. If the development plan is to be developed in phases, the developer must begin constnaction of subsec}uent phases within one year of the completion of the previous phase. B. Approval Voided: If the applicant does not begin and diligently work toward. the completion of the ~' development plan or any stage of the development plan within the time limits imposed by the preceding subsection, the approval of said development plan shall be void. The Planning and Environmental Commission and Town Council shall review the development plan upon submittal of an application to re-establish the development plan faIlawing the procedures outlined in Section 12-9A-4 of this Artiele. • Ski Base/Recreation 2 Zone District Amendment to Commercial Core 1 Zone District 11 Evaluation of Review Criteria New Ski Base/Recreation 2 Zone District Text Amendment The following provides an analysis of Town of Vail review criteria used to evaluate proposed text amendments to the zoning code. Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: {1}The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and ~lnalvsis; The proposed new zone district will specifically further the goals of the zoning regulations by providing a new zone district that reflects the unique nature of a ski base facility and uses that one might expect to~nd in the ski base area. The proposed zone district will promote coordinated and harmonious development within the ?'own to conserve and maintain community qualities and values, ensure safe and effrcient pedestrian and vehicular traffic, and provide for the safety and general welfare of the community. Specific provisions have been incorporated into this new zone district to achieve the general goals and policies of the Town of Yail.. (2} The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Analysis: The proposed and anticipated uses that one might find at a ski base facility are not accommodated by the existing zone districts in the Zoning Regulations. The proposed zone district properly reflects the type of uses anticipated for a ski base area. The proposed text amendment will allow the landowner to implement the goals and policies of the Tawn with a major redevelopment of lfail's front door. (3}The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the sub}eet regulation and haw the existing regulation is no longer appropriate or is inapplicable; anal Analysis: The proposed zone district will be applied to land that is being annexed to the Town of bail. The Zoning Regulations do not currently contain a zone district that addresses the Sk1 BaselRecreation ?Zone District Amendment to Con~rnercial Core 1 Zone District 12 existing and intended uses far a ski base facility. The proposed zane district will correct that condition. (4) The extent to which the text amendtr~ent provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives, Analvsis: The proposed new zane district will specifically further the goals of the zoning regrclatians by providing a ne~v zone district that reflects the unique nature of a ski base facility and uses that one might expect to find in the sl~i base area. The proposed zane district will promote coordinated and harmonious development within the Town to conserve and maintain community qualities and values, ensure safe and efficient pedestrian and vehicular traffic, and provide for the safety and general welfare of the community. Specific provisions have been incorporated into this new zone district to achieve the general goals and policies of the Town of Yail. Ski Base/Recreation 2 Zone District Amendment to Commercial Core 1 Zone District 13 PRQPQSED TEXT AMENDMENT TO CU11vIN1ERClAL CORE I An amendment to add a new paragraph B. to Section 12-7B-13 Existing Text: 12-7B-13: DENSITY CDNTR.O~L: Unless otherwise provided in the Vail village urban design guide plan, not more than eighty (80) square feet of gross residential floor area (GI~F'A) shall be permitted for each one hundred {100) square feet of buildable site area. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. Each accommodation. unit shall be counted as one-half (1/2) of a dwelling unit for purposes of calculating allowable units per acre. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-third (I/3) of the total floor area of the dwelling. F`roposed Amendrnent: 12-7B-13; DENSITY GONTRQL: A. Unless otherwise provided in the Vail Village Urban Design Guide Plan, not more than eighty (SO) square feet of gross residential floor area (GRFA) shall be permitted. for each one hundred (100) square feet of buildable site area. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. Each accommodation unit shall be counted as one- half (112} of a dwelling unit for purposes of calculating allowable units per acre.. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one third (1/~) of the total floor area of the dwelling. {Nate; Paragraph A. above is unchanged by this amendment) B. ><n order promote the revitalization and upgrading of existing lodging facilities within the Vail Village, development in addition to that permitted by paragraph A. shall be permitted in certain circumstances. Additional development shall be permitted in accordance with the following provisions; 1. Properties shall be entitled to an additional ten (10) square feet of GRFA for each one hundred (100) square feet of buildable site area beyond that density specified in 12-7B-13 A. above, or the GRFA existing on the property as of January 1, 2003, whichever is greater. 2. Properties shall be entitled to an additiona12.5 dwelling units per acre of buildable site area beyond that density specified in 12-7B-13 A. above, or the dwelling units existing on the property as of January 1, 2003, whichever is greater. Ski BaselRecreation 2 Zone District Amendment to Commercial Core 1 Zone District 14 3. Additional GRFA or dwelling units approved in accordance with this paragraph shall be used only for the development of new or expanded accommodation units. ~, • C. Any proposal for additional development permitted by Section I3. above shall be reviewed in accordance with the provisions of Section I2-7B-7 concerning Exterior Alterations or Modifications. In addition to finding conformance with applicable review criteria established by Section 12-7B-7, prior to approval of any proposal for additional density the Planning and Environmental Commission shall find the proposal confarzns to the following criteria: l . The proposal will result in the upgrading to the design and physical features of the subject property and Vail Village as a whole, and in doing so improve and enhance the guest experience, and 2. The proposal will enhance Vail's resort economy by increasing or improving the community's over-night bed base. Ski Base/Recreation 2 Zone District Amendment to Commercial Core 1 Zone District 15 Evaluation of Review Criteria Commercial Core 1 Text Amendment The following provides an analysis of Town of Vail review criteria used to evaluate proposed text amendments to the zoning code. Before acting an an application far an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the fallowing factors with respect to the requested text amendment: (1) The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Analvsis; The proposed amendment the CCl zone district will specifically further the goals of the zoning regulations and of the Town's master plans by providing incentives for the redevelopment of lodging projects in the heart of the Vail Village. The proposed amendment will promote coordinated and harmonious development within the Town to conserve and maintain community qualities and values, ensure safe and efficient pedestrian and vehicular trade, and providefor the safety and general we fare of the community. Specific provisions and criteria have been incorporated into this amendment to achieve the general goals and policies of the Town of Vail. (2} The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town.; and Analvsis: As stated above, the proposed text amendment will provide incentives to property owners to redevelop and revr'talize the Vail Y'illage core area. ether dis,t`ricts have been redrafted in the past several years to provide similar incentives to achieve the Town's redevelopment goals. The CCl zone district has not received the same sort o„f attention as these other zone districts and this amendment helps to create similar redevelopment opportunities. The proposed text amendment will allow the landowners to better implement the goals and policies of the Town. (3) The extent to which the text amendment demonstrates haw conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate ar is inapplicable; and • Ski l3aselRecreation 2 Zone District Amendment to Commercial Core 1 Zone District ~~ Analvsis: 1Ylost of the development that has occurred in the CCl zone district occurred decades ago and the Vail Village is showing signs of distress and aging. The Tawn has in the past recognized that this aging of buildings and infrastructure can be cured by the private sector by allowing additional development rights as is evidence with changes made to the Lianshead zone districts and more recently with the Public Accommodation zone district. This amendment wild allow buildings within the CCI zone district to be redeveloped and thus recognize the change of conditions that have occurred aver the years in Vail Village. The proposed amendment will help further the Tawn 's stated goals of redeveloping the mail Village. (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; Analvsis: The proposed amendment the CCl zone district will specifically further the goals of the zoning regulations and of the Town's master plans by providing incentives far the redevelopment of lodging projects in the heart of the Vail Village. The proposed amendment will promote coordinated and harmonious development within the Tawn to conserve and maintain community qualities and values, ensure safe and efficient pedestrian and vehicular tra~c, and provide for the safety and general welfare of the community. Specific provisions and criteria have been incorporated into this amendment to achieve the general goals and policies of the Town of Vail. • Ski 13a5e1Recreaton 2 Zone: [~is#eict Amendment to Commercial Core 1 Zane District 17 • VAIL'S FRONT DOOR ~~~~. ~a~~~~© Proposed Amendments to: • Vail Viand Use Plan • Vail Village Master Plan Submittal Ta Tl~e Town ©f Vail Subrnitte[l ~~: VEIL RES©RTS DEVELOPMENT COMPANY Januar~r G, 2043 • Attachment: E ~ ~ i~,~~~ri~~ ~ ~.s~~~ii~~~~s8 ~r~~a .. PLANNING and COS"If'iUNITY DEVELCJPMENY January, 2002 Mr. George Rulher Chief of Planning Department of Community Development Town of Vail 75 South Fr©ntage Raad Vail, CO 81657 Re: Proposed Amendments to the Town of Vail Land Use Plan and the Vail Village Master Plan, submitted by Vail Resorts Development Company Dear George: As you are probably aware, Vail Resorts Development Company (VRDC) began the process of evaluating the condition and needs of the "Nail's Front Door" area of Vail Village in 1994. The first step in this evaluation was the analysis of the Vail Land Use Plan and the Vail Village Master Plan. It was quickly discovered that these documents did not adequately address the area known as the Front Door. The Vail Land Use Plan and the Vail Village Master Plan are 1 fi and 12 years old, respectively. While the overall purpose and intent, and the majority of specific content of these documents are still valid and consistent with the direction of the Town of Vail, some specific recommendations and map boundaries no longer represent the eu~«.~,t goals and development conditions of the Vail comrnunity. In addition, some elements of these plans are in conflict with each other, creating confusion as to how the plans are to be interpreted. Our approach to these ~,~.,~osed amendments has been to focus on the broad policy statements and plan elements that would directly influence future land use and development related decisions to land located at the base of Vail Mountain. Edwards Village Center, 5uRe G209 Ph. - 970.926.7575 4105 Edwards Village Boulevard Fax - 974.926.7576 Post Office Box 2658 wwvr.braunassociates.com Edwards, Colorado 81632 Attached you will find our proposed amendments to the Vail Land Use Plan and the Vail Village Masker Plan. These amendments involve both map and text amendments. Please do not hesitate to contact me with any questions pertaining to these proposed amendments. We look forward to working with you and your staff on this exciting project. Sinter ly, ~\\ . Tho as A. Braun, AICP cc: Jim Thompson Alex Iskenderun Jack Hunn • • • VAIL LAND USE FLANNAIL VILLAGE MASTER PLAN Proposed Amendments January 6, 2003 VAIL LAND TJSE PLAN Chapter VIII.3.C.2 of the Land Use Plan details the criteria by which aprivate-sector initiated plan amendment should be considered: TD Change t,~e .Plan by this prO~edure, it will be the responsibility of the applicant to clearly demonstrate show conditions have changed since the Plan was adopted, show the Plan is in error or show the addition, deletion or change to the Plan is in concert with the Plan in general. The fallowing summarizes the proposed amendments and also demonstrates how the amendments conform to one or more of the criteria outlined above. There are two basic amendments proposed for the Vail Land Use Plan: 1} Text amendment of existing goal/policy statements in the Land Use Plan regarding treatment of property that comes into the Town of Vail by way of a USFS land trade. This language occurs three times in the current Plan, and the t,. ~rosed amending language is the same in each instance, and 2) Text amendment pertaining to language in the Land Use Plan used to describe the "Ski Base - SB" land use category. Proposed Text Amendnraents/`USFS Land The following text amendments address existing goal/policy statements in the Land Use Plan which imply that any parcel coming into the Town. of Vail as part of a USFS land trade should not be zoned far private development. The existing language reads: A. Chapter II, Section 1, paragraph 1.9; (this amendment would also apply to identical language found in Chapter VI, Section 2, Sub-section F, paragraph 4}: 1.9 National Forrest Land which is exchanged, sold or otherwise falls into private ownership should remain as span space and not be zoned for private develaprnent. The underlying premise of this statement is that any USFS lands that fall into private ownership should remain open space. However, the "broad brush" nature of this statement is in direct conflict with many of the underlying goals of the Plan. Further, to apply this language unilaterally to all future USFS land trades does not recognize the potential for land exchanges Vail Land Use PIanlVail Village Master Plan Prop©sed Arraendments that, due to any number of site-specific circumstances, could be developed in a manner that implements any number of other town goals. For example, it would seem reasonable that the future use ofa land exchange parcel located at the base of Vail Mountain immediately contiguous with USFS recreation leased-land should (and could} be evaluated differently than a land exchange parcel located at the end of East Vail. As written, this existing goaUpolicy statement makes no distinction as t© the location, nature or ultimate use of the exchange parcel. The amendment proposed to this statement would keep this basic goal/policy in place, but would create some flexibility in terms of how the goal/policy is implemented on a site specific basis. Proposed text amendment: 1.9 National Forest Land which is exchanged, sold or otherwise falls into private ownership should remain as open space and not be zoned for private development, provided that zoning far private development may be considered in cases where said exchange land is located adjacent to existing town commercial/activity centers. B. Chapter VIiI, Section 2, paragraph E. Annexation of National Forest Lands: Existing text: E. In the future, the Town may desire to annex National Forest lands far the purposes of recreational andlor public facility development. "This will involve close coordination with the Forest Service. However, National Forest land which is exchanged, sold or otherwise falls into private ownership should remain as open space and not be zoned for private development. Proposed text amendment: E. In the future, the Town may desire to annex National Forest lands for the purposes of recreational and/or public facility development, This will involve close coordination with the Forest Service. National Forest Land which is exchanged, sold or otherwise falls into private ownership should remain as open space and not be zoned for private development, provided that caning for private development may be considered in cases where said exchange land is located adjacent to existing town commercial/activity centers. Justification for Proposed Text Amendments/LTSFS Land • flow conditions have changed since original plan adoption; • Vail Land Use P1an/Vail Village Master Plan 7 Proposed Amendments SubseQuent to the original adoption of the Land Use Plan, the Town of Vail and the USFS have entered inta and executed a Land Ownership Adjustment Agreement (LOA). The essential goal of this agreement is threefold: Land within the Town of Vail that meets the criteria for high-quality natural open space and natural preservation, is located on the boundary with the USFS, and is not adjacent to existing developed areas, should be de-annexed from the town transferred to the USFS. Land held by the USFS and located on the boundary with the Town of Vail that does NOT meet the above criteria and. that. already contains development or is significantly impacted and appropriate for development, should be traded and moved into the Town of Vail. to the future, bath the USFS and the Town of Vail will refrain from taking any land trade or annexation action that would violate the principles of the above two statements. The LOA establishes more clearly defined direction for how and when USFS land exchanges should be considered. This document, coupled. with the proposed amendment to the Land Use flan gives the Town a clear set of parameters to use in evaluating land exchanges and the future use of said lands. ~ How the plan is in error: The broad nature of the goal/policy statement fails to recognize site-specific cases in which the zoning of land (obtained via a USFS exchange) for private development may be appropriate and in fact may be necessary in order to implement other development goals of the Town. Haw proposed change is in concert with the plan in general: The clear and consistent purpose and intent of the Land Use Flan is for land uses to be appropriate to their location, environment, and surrounding context. This text amendment will not diminish the intent of preserving high-quality natural open space resources, but will allow for appropriate parcels to be zoned for development based an site specific considerations, even if said parcels are the result of a past USFS land exchange. Proposed Text Amendmentsf,SKi Base Land Use Designation Chapter VI -Proposed Land Use establishes a number of dif1L-,;,.~t lands use categories, one of which is Ski Base-SB. The purpose of this proposed amendment is to expand on the definition of the Ski >3ase land use category to mare accurately reflect the type and nature of land uses typically associated with this land use category. The existing language reads: • Vail band Use PlanlVail Village Master Plan Proposed Amendments SB -Ski Base Ski trails and facilities related to a ski base are included in this category. The Land Use Plan applies the Ski Base land use designation to 86.3 acres of land. Specifically, these areas include the Vail Village and Galden Peak base areas, the I.ionshead base area and. the Cascade Village base area. As written, the range ofuses and activities in the Ski Base category are extremely limited and do not reflect the full range ofuses and activities typically associated with the base ofa ski area. This is particularly true in the case of Vail where base areas are not only adjacent to the ski area, but are also immediately adjacent to major commerciallactivity centers. The purpose of the proposed text amendment is to simply expand on the range of uses applicable to the Ski Base land use designation. Proposed text amendment: SB -Ski Base Ski Base areas are designated at the four mountain portals found within the Town. Uses and activities for these areas are intended to encourage a safe, convenient and aesthetically pleasing transition Between the ski mountain and surrounding Tourist Commercial and Resort Accommodation land use categories. The range of uses apprr~priate in the Ski Base land use category include skier and resort services, ski lifts and trails, mountain operations, private cluBs, pedestrian plazas, parking and loading facilities, residential, retail and restaurant uses. • Justification for Proposed Text AmendrnentlSki Base Designation How conditions have changed since original plan adoption: Ski base areas have evolved a great deal since the adoption of the original plan. While at one time a ski base was considered little more than a chairlift, a broad range of uses and activities are now typically associated with the base area of a ski mountain. This condition is demonstrated by the existing Galden Peak base area. While Golden Peak falls within the Ski Base designation of the Plan, existing uses and activities at Golden Peak base area are far more consistent with the proposed definition of Ski Base than they are the existing definition. • How proposed change is in concert with the plan in general: The proposed definition far Ski Base allows for a broader range of uses and activities, all of which are consistent with any number of resort developmendguest service oriented goals and policies of the Plan. • Vail Land idse P1an/Vail Village Master Plan Proposed Amendments 4 VAIL VILLAGE MASTER PLAN The amendment section of the Vail Village Master Plan {VVMP) gives no specific criteria by which proposed amendments should be evaluated. In keeping with the criteria established by the Land Use Plan, the following narrative wi11 demonstrate why the proposed amendments are important and how they remain "in concert" with the overall purpose and intent of the original master plan document. The following is a synopsis of the amendments proposed for the Vail Village Master Plan: 1. Text amendment pertaining to language in the Plan used to describe the "Ski Base/Recreation°' land use category. 2. Amendments to a number of the VVMP's Illustrative Plans that are intended tv increase and clarify the coverage of the VVMP so that the plan appropriately addresses the Front Door area. 3. Addition of Sub-Area # 11 (the "Front Door" sub-area), to the Action Plan. Proposed Text Amendment/Ski Base-Recreation Land Use Designation Chapter VT - IIlustrative Plans includes a variety of maps, each of which address different elements of the Village. One of these is the Praposed Land Use Plan which establishes a number of land use categories, one of which is Ski Base-SB. The purpose of this proposed amendment is to expand on the definition of Ski Base/Recreation to more accurately reflect the type and nature of land uses associated with this land use category. The existing language reads: Ski BasefRecreatian Located at the base of Vail Mountain in the Golden Peak area and immediately adjacent to Vail Village, this designation is intended to provide for facilities and services inherent in the operation of a ski area: ski trails, lifts, base facilities, public restrooms and ticket sales. As written, the range of uses and activities in the Ski Base area are extremely limited and do not reflect the full range of uses and activities typically associated with the base of a ski area. This is particularly true in the case of Vail Village where base areas are not only adjacent to the ski area, but are also immediately adjacent to major commercial/activity centers. The purpose of the proposed text amendment is to simply expand on the range of uses applicable tv the Ski BasefRecreation land use designation. • Vail I/and Use PlanNail Village Master Plan Proposed Amendments Proposed text amendment: Ski Base/Recreation Located at the base of Pail Mountain in the Golden Peak area and immediately adjacent to Vail Village, this designation r`s intended to provide for facilities and services inherent in the operation of a ski area. Uses and activities for these areas are intended to encourage a safe, convenient and aesthetically pleasing transition between the ski mountain and surrounding Mixed Use and Residential land use categories. The range of uses appropriate in the Ski Base/Recreation land' use category include skier and resort services, ski lets and trails, mountain operations, private clubs, pedestrian plazas, parking and loading facilities, residential, retail and restaurant uses. 3ustification for Proposed Text Amendment-Ski BaseJRecreation Designation ~ How conditions have changed since original plan adoption: Ski base areas have evolved a great deal since the adoption of the original plan. While at one time a ski base was considered little more than a chairlifl, a broad range of uses and activities are now typically associated with the base area of a ski mountain. This condition is demonstrated by the existing Golden Peak base area. While Golden Peak falls within the Ski Base designation of the Plan, existing uses and activities at Golden Peak base area are far more consistent with the pr©posed defmition of Ski Base than they are the existing definition. + How proposed change is in concert with the plan in general: The proposed definition for Ski BaselRecreation allows for a broader range ofuses and activities, all of which are consistent with any number of resort development/guest service oriented goals/policies of the Plan. Mapping Amendments {see attachments) The following amendments are proposed to Illustrative Plans found in the WMP: Action Plan The Action Plan graphically depicts potential development and improvement projects that would be consistent with the goals, objectives and policies of the VVMP. The Action Plan is divided into 1(l different "sub areas". Proposed modification to the Action Plan will add a new sub area for the "Front Door" area. The new Front Daor sub-area will also include two specific improvement projects that are further described below (proposed new Sub Area # 11 -Front Door). In establishing this new area, the existing boundary of the adjacent CC 1 sub-area will also be slightly modified. Vail Land Use P1an/Vai1 Village Master PIan Proposed Amendments Land Use Plan A minor amendment to the VVMP Land Use map is proposed in order to expand the existing Ski BaselRecreation land use designation slightly to the west. With this modification, all of VRDC's land holdings at the Front Door will be included in the Ski Base/Recreation land use designation. In addition, a small modification to the Mixed Use designation is also made. The existing boundary of the Mixed Use area extends slightly beyond the existing boundary afthe existing mixed-use Commercial Core I zone district. This modification reconciles the discrepancy so that the boundary of the Mixed Use land use area and the Commercial Core I zone district are one in the same. Oven St~ace Plan There is an existing conflict between the Land Use Map and the Open Space Map. The Land Use Map designates virtually all of the area at the base of Vail Mountain as Ski BaselRecreation while the Open. Space Plan designates essentially this same area as Open Space. In order to clarify this conflict, the Open Space Map is amended by eliminating a small portion of the Open Space designated area at the base of the mountain. This will essentially leave this area to be designated as Ski BaselRecreation, and in doing so eliminate the inconsistency found between these two illustrative plans. Conceptual Building. Hiei~ht Plan Consistent with the goals of these master plan amendments and in keeping with the goal of implementing the Front Doar development, the Conceptual Building Height Plan has been expanded to include a portion of the Front Door project area. The existing 3-4 story building height that covers the bulk of the Vail Village area has been expanded to cover the portion of the Front Door project immediately behind the Lodge at Vail and the Lodge Tower. Additionally, it is proposed that a notation on the Building Height map stating that "a building story is defined as 9 feet of height (no roof included)", be eliminated. Reference to this nine- foot dimension creates confusion between this conceptual height diagram {which addresses number of stories) and zoning standards (which address building height in terms of feet). Further, recent studies during the Lionshead master plan process demonstrated that today's market has led to an average "floor to floor" building height of approximately 11 to 12 feet. Elimination of this reference will simplify matters by establishing a more clear distinction between the role of the master plan (i.e, to establish 3-4 stories as the conceptual building height in this area) and the role of zoning {i.e. to establish building height in terms of feet). Justifcation for Proposed Map Amendments How conditions have changed since original plan adoption: In many respects the VVMP does not specifically address the area in and around the base of Vail Mountain. While at the time the VVMF was prepared there may not have been a need to deal in great detail with this area of the Village, conditions have changed such that it is now prudent to address this portion of the Village at a level of detail consistent with how other areas of the Village are addressed. In the case of the Action __ Vail Land Use P1anNail Village Master Plan 7 Proposed Amendments Plan, the Land. Use Plan and the Building Height Plan, the justification for proposed amendments is that conditions have changed since the original adoption of the VVMP. Haw the plan is in error: In certain cases designations on the Open Space Map are in conflict with designations on the Land Use Map. Modifications to the Open Space Map are proposed in order to eliminate these conflicts. As such, the justification for these proposed amendments is that the plan was in error at the time it was prepared. Proposed Sub-Area #11- Front Doar The proposed language below has been written to be consistent in format and structure to the current 1Q sub-area descriptions in the Vail Village Master Flan. FRONT DOOR, SUB-AREA f # 111 The fallowing is language proposed to describe the Front Door Sub-Area: The Front Door sub-area plays a critical role in the interface between the ski mountain and the fabric of Vail Village. While the Vista Bahn ski yard received a minor face-lift in 1998, this entire area is in great need of major renovation and addition of new guest facilities. As the premier guest portal to Vail mountain, the Front Door area should reflect in both use and design the world class stature of the Vail resort and community. The goals of redevelopment in this sub-area are as follows: • To provide for ayear-round,. world class guest experience at the interface between Vail Village and the ski mountain. • Ta provide new and improved guest service facilities at the top of Bridge Street that will not only improve the quality of the entire guest experience, but will increase evening guest retention in Vail Village. • Provide far new below-grade loadirdg and delivery facilities to better serve the Front Door and upper Bridge Street areas, consistent with the overall "dispersed quadrant" approach of the Vail loading and delivery master plan. • Provide for the removal of surface vehicular traffic and parking that currently occurs within the sub area. • To provide for limited private medium density residential development.. The Front Door Sub-area includes the following two Sub-Area Concepts. Refer to the amended Aetion Plan for a graphic depiction of these concepts. ;~ Vail Land Use PlanfVail Village Master Plan Proposed Amendments # 11-1 Lode Exchange Parcel Limited development of this site provides an opportunity to consolidate and/or remove existing uses and in doing sa improve the visual quality of this area. Medium density residential development and associated uses respecting and complimenting the adjacent Lodge at Vail and Lodge Tower are appropriate. Most parking except temporary guest arrival spaces should be located below grade. Existing mountain and USFS access should be maintained and if feasible placed below grade throughout the parcel. To the extent feasible, service and delivery facilities, including existing service and delivery facilities for the Lodge Tower and the bodge at Vail, should be located below grade. Pedestrian connection between Willow Gircle/Vail Road and the Vista Bahn ski yard should be retained. # 11-2 The Vista Bahn Ski Yard Redevelopment of ski yard should improve and emphasize the connection between the Vista Bahn lift area (the mountain) and the lower skier plaza area (the village). Opportunity to re- grade site to improve access. Existing modular ski storage structures in the ski yard should be replaced with. new skierlguest service facilities to improve year-round functionality of the area and to encourage summer season usage. 7ustifieation for Proposed new Sub Area # 11-Front Door • How conditions have changed since original plan adoption: In many respects the VVMP does not specifically address the area in and around the base of Vail Mountain. 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Lj ~ i J ~ ! ~ t r r i F f I.--Ir ~ "f - ' i ,:' a~~ ~ Y f`' a f w 2 . ~ ~ S ~ J f y .P t 'p ` ,ter, ! y r / f ~ ~r 't k ~ 7 4"~ ~ r`~ ' ..4 ~ f' _r.~~.~~ f ~.,' ~'1 ..~- r f] p `f ~ r ~ t'~ q~. ~« ~ is ~' «_s ~ '~ x ~~ sty,!„{ 7 ~ f ~ ~T ~+ ? t f ~ ~. It ~.".~« i t / r i' }'# s t r' ~- ~ T f i I 1 4~ J a F ~_ W Z a W it '4d yJ C a. L ! ~ ~ Q ~? ~ •{'~ riot r.. ~ l~ Q.. MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 24, 2003 SUBJECT..,., nA request for a recommendation to the Vail Town Council of a proposed text amendment to Section 12-0-3, Appeals, Vail Town Code, to amend the procedures for appealing a decision, determination, or interpretation of the administrator, Design Review Board and/or Planning & Environmental Commission, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Matt Mire Planner: George Ruther 1. SUMMARY The Vail Town Council directed staff to prepare an amendment to Section 12-3-3, Appeals, Vail Town Cade, to respond to conflicts with the current appeals procedures and town council meeting schedule. This text amendment is a response to that request. II. DESCRIPTION OF REQUEST The Town of Vail is proposing an amendment to Section 12-3-3, Appeals, Vail Town Code, to amend the procedures for appealing a decision, determination, or interpretation of the administrator, Design Review Board and/or Planning & Environmental Commission, and setting forth details in regard thereto. The purpose of this amendment is to resolve the existing conflict between the ten (10) calendar day appeals time limit and the public hearing schedule of the Vail Town Council. Staff is proposing the following text amendment to Section 12-3-3 of the Vail Town Code: amendments are shown in ~t:~l ~t,'ara~l~ and bold) 12-3-3: APPEALS: A. Administrative Actions: Any decision, determination or interpretation by any Town administrative official with respect. to the provisions of this Title and the standards and procedures hereinafter set forth shall become final at the next Planning and Environmental Commission meeting for in the case of design related decision, the next Design Review Board meeting} following the Administrator's decision, unless the decision is called up and modified by the Board or Commission. B. Appeal Of Administrative Actions: 1. Authority: The Planning and Environmental Commission shall have the authority to hear and decide appeals from any decision, determination or interpretation by any Town administrative official with respect to the provisions of this Title and the standards and procedures hereinafter set forth, except that appeals of any decision, determination or interpretation by any Town administrative official with regard to a design guideline shall be heard by the Design Review Board, 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by any administrative official with respect to this Title. "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community goad shared by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination of standing, the Planning and Environmental Commission (or the Design Review Soard in the case of design guidelines) shall, at a meeting prior to hearing evidence an the appeal, make a determination as to the standing of the appellant. If the Planning and Environmental Commission (or the Design Review Board in the case of design guidelines) determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. 3. Procedures: A written notice of appeal must be filed with the Administrator or with the department rendering the decision, determination ar interpretation within +nrc~-~v~ twenty ~2D} calendar days of the decision becoming final. !f the last day forfiGng an appeal falls on a Saturday, Sunday, or aTown-observed holiday, the last day for filing an appeal shall be extended to the next business day. The Administrator's decision shall become final at the next Planning and Environmental Commission meeting (or in the case of design related decision, the next Design Review Board meeting) following the Administrator's decision, unless the decision is called up and modified by the Board or Commission. Such notice shall be accompanied by the Warne and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the Town. The filing of such notice of appeal will require the administrative official whose decision is appealed, to forward to the Planning and Environmental Commission (or the Design Review Board in the case of design guidelines) at the next regularly scheduled meeting, a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Planning and Environmental Commission (arthe Design Review Board in the case of design guidelines) on the appeal within tl~:~~~ ;~8} forty (4ll) calendar days of the appeal being filed. The Planning and Environmental Commission (or the Design Review Board in the case of design guidelines) may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed far a period not to exceed an additiona! thirty (30} calendar days. Eallure to file such appeal shall constitute a waiver of any rights under this Title to appeal any interpretation or determination made by an administrative official.. i 4. Effect Of Filing An Appeal: The filing of a notice of appeal shat! stay all permit activity and !'' any proceedings in furtherance of the action appealed unless the administrative official rendering such decision, determination or interpretation certifies in writing to the Planning and Environmental Commission (or the Design Review Board in the case of design guidelines) and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The Commission (or Board) shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting ofi the Planning and Environmental Commission (or the Design Review Board in the case of design guidelines). 5. Findings: The Planning and Environmental Commission (or the Design Review Board in the case of design guidelines) 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 have or have not been met. 6. Fee: The Town Council may set a reasonable fee for filing an appeal of an administrative decision, determination or interpretation. The fee will be adapted in a fee schedule which shall be maintained in the Department of Community Development. The fee shelf be paid at the time the appeal is filed. C. Appeal Cif Planniing And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to the provisions of this Title and the standards and procedures hereinafter set forth. 2, Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to this Title_ "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination of standing, the Town Council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council may also call up a decision of the Pianning and Environmental Commission or the Design Review Board by a majority vote of those Council members present. 3. Procedures: A written notice of appeal must be filed with the Administrator within }n twenty (20) calendar days of the Planning and Environmental Commission's decision orthe Design Review Board's decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or aTown-observed holiday, the last day for filing an appeal shall be extended to the next business day. Such notice shall be accompanied by the name. and addresses (person's mailing and property's physical) of the appellant, applicant, property 3 owner, and adjacent property owners (the I'rst of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the Town. The filing of such notice of appeal will require the Planning and Environmental Commission or the Design Review Board to forward to the Town Council at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall ~ be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (t 5) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Town Councii an the appeal within *,hirty-93 forty (4f)) calendar days of the appeal being filed. The Town Council may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed far a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this Chapter to appeal any interpretation or determination made by the Planning and Environmental Commission ar the Design Review Board. 4. Effect Of Filing An Appeal The filing of a notice of appeal shall stay ail permit activity and any proceedings in furtherance of the action appealed unless the administrative official rendering such decision, determination or interpretation certifies in writing to the Town Council and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The Town Council shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the Town Gouncil. ~. Findings: The Town Council 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 have or have not been met. 6. Fee: The Town Council may set a reasonable fee for filing an appeal to a Planning and Environmental Commission or Design Review Board decision. The fee will be adopted in a fee schedule which shah be maintained in the Department of Community Development. The fee shall be paid at the time the appeal is filed. D. Procedure For Appeals; Sign Regulations: The procedure for an appeal of an administrative interpretation of the sign regulations shall be the same as that of appeals of an administrative action as set forth in subsection B of this Section. E. Appeal Of Town Council Decisions: Any applicant, adjacent property owner, or any aggrieved or adversely affected person aggrieved by a final decision of the Town Council with respect to a filed appeal may seek review of such decision by a court of competent jurisdiction in the manner provided by the laws of the State. F. Conduct Of Hearing: The Town Council shal9 have the authority to set standards, by administrative rule, on appellate hearing procedures including, but not limited to, time allowance for the presentation of evidence and the time allowance for oral arguments. (Ord. 7{1990 § 1 ~} 4 Delete Sections 12-11-9 B & C, Administrative Policies and 12-11-1©, Appeal to Tawn Council, Vail Town Code, in their entirety to eliminate conflicting code provisions. III. BACKGROUND Pursuant to Section 12-3-3C of the Vail Town Code, "The Town Council shat! have the authority to hear and decide appeals from any decision, determination ar interpretation by the Planning and Environmental ~Cammission or the Design Review Board with respect to the provisions of this Title (Zoning Regulations,} and the standards and procedures hereinafter set forth. " Furthermore, `A written notice of appeal must be filed with the Administrator within Leta f70~ calendar days of the Planning and Environmental Commission's decision ar the Design Review Saard's decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or aTown-observed holiday, the fast day far filing an appeal shall be extended to the next business day. " The Community Development Department reports the decisions and determination of the Planning & Environmental Commission and Design Review Board at regularly scheduled PECIDRB updates to the Vail Tawn Council. The PECIDRB updates to the Council occur on a bi-monthly basis at regularly scheduled Vail Town Council meetings. Inmost instances the updates to the Council occur within ten (1 d) calendar days of the PECfDRB decision or determination. f n some instances, however, a report to the council does not occur within the ten (10) calendar day timeframe due to meeting schedules, and therefore, acall-up by the council is prevented regardless of the council's interest ar intent. The latter of the two instances must be addressed. IV. ROLES OF REVIEWING BODIES Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for forwarding a recommendation of approvallapproval with conditions/denial to the Tawn Council of a text amendment. The Planning & Environmental Commission shall consider the following factors with respect to the requested text amendment: t . The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The ex#ent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is na longer appropriate ar is inapplicable; and 5 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives- 5. Such other factors and criteria the Commission deems applicable to the proposed text amendment. Design Review Board: Action: The Design Review Board has no review authority of a text amendment but must revie}nr~any accompanying Design Review application. Town Council: The Town Council is responsible for final apprnvallapproval witil~ cvnditiortisldenial of a text amendment. The Town Council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable reiationship among land use regulations consistent with municipal development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment, Stafif: The staff is responsible for ensuring that all submittal requirements are provided and pions conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. CRITERIA AND FINDINGS The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12-3, Vail Town Code (Ordinance No. 4, Series 2002). A. Consideration of Factors Reaardino the Text Amendment: 6 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and The general purposes for Title 12 (Zoning Regina#ions}are described in Section 12-1- 2, Vail Tawn Cade. Applicable portions of this section include the following: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and „harmonious development of the Town in a manner that wi11 conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific pureoses: a. To provide for adequate light, air, sanitation, drainage, and public facilities. b. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. c. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. d. To promote adequate and appropriately located off-street parking and loading facilities. e. To conserve and maintain established community qualities and economic f values. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives.. g. To prevent excessive population densities and overcrowding of the land with structures. h. To safeguard and enhance the appearance of the Tvwn. i. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. j. Ta assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. k. To otherwise provide for the growth of an orderly and viable community, Staff believes that the proposed text amendment furthers these general and specific purposes of the Town of Vail Zoning Regulations_ (Vlore specifically, staff believes that the proposed text amendment ensures a fair and efficient development. review process which provides equal protection and due process. 2. The extent to which the text amendment woutd better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Staff believes that the proposed text amendment will better implement and better achieve the adopted goals, objectives, and palicres of the applicable planning documents that comprise Veil's comprehensive plan as this amendment will ensure a fair and equitable development review process. 7 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The current appeals procedure of Title 12 of the Vail Town Code was adopted in 1996. Up until ~OQ1, the Vail Town Council met on a weekly basis rather than the current bi-monthly basis. Weekly meetings of the Vail Town Council assured that the ,~ ~Councif, if necessary, could. respond within the ten (10} calendar day time frame to the decisions, determinations, ar interpretations of the Design Review Board and Planning & Environmental Commission. Now that conditions have substantially changed and the Council only meets on a bi-monthly basis it is no longer appropriate or applicable to expect the Council to respond to the actions of the Boards and Commissions within the ten (10) calendar day time frame. The purpose of this text amendment is to address that situation. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Staffi believes that the proposed text amendment will have no negative impacts on the above described criteria. 5. Such other factors and criteria the Commission andlor Council deem applicable to the proposed text amendment.. B. The Planning and Environmental Commission shall make the following findings before forwarding a recommendation of aooroval for of a text amendment: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Tawn; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VI. STAFF RECOMMENl~ATIQN The Community Development Department recommends that the Planning & Environmental Commission forwards a recommendation of approval to the Vail Town Council far the proposed text amendment to Section 12-3-3, Appeals, Vail Tawn Code, to amend the appeals procedures, and set forth details in regard thereto. Staff's recommendation is based upon the review of the criteria in Section V of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Wail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and ;, ~ 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmoni©us development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, • a~p~©~ed sip afo~ PLANNING AND ENVIRONMENTAL COMMISSION • PUBLIC MEETING MINUTES Monday, February 24, 2003 PROJECT ORIENTATION ! -Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Site Visits : 1. Children's Garden of Learning 2. Sign Tour 3. Front Door Project Driver: George 7 2:00 pm 'I :00 pm ~~ NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from ii:00 - fi:30 Public Hearing -Town Gouncil Chambers 2:00 pm A request for a conditional use permit, pursuant to Section 12-fiD-3 (Conditional Uses), Vail Town Code, to allow for a private school, located at Parcel B, a resubdivision of Tract D, Vail das Schone 1 Sc Filing, generally known as the "Hud Wirth" property. (A full metes & bounds description is available at the Department of Community Development upon request}_ Applicant: Children's Garden of Learning Planner: Allison Ochs MOTION: Chas Bernhardt SECOND: George Lamb VOTE: 7-0 TABLED UNTIL MARCH 10, 2003 2. A request for a recommendation to the Vail Tawn Council of a proposed text amendment to Section 12-10-9; Loading Standards, Vail Town Code, to amend the requirement far loading berths & setting forth details in regard thereto. Applicant: Town of Vail Planner: Allison Ochs MOTION: Chas Bernhardt SECOND: George Lamb VOTE: 7-0 TABLED UNTIL MARCH 10, 2003 3. A request far a worksession to present "Nail's Front Door'° proposal; a request for a recommendation to the Vail Town Council of a proposed amendment to the Vail Land Use Plan; a request for a recommendation to the Vail Town Gouncil of a proposed amendment to the Vail Village Master Plan; a request for a recommendation to the Vail Town Council of a proposed rezoning of Lots P3 & J, Block 5A, Vail Village Stn Filing from Public Accommodation zone district (PA) to Parking zone district (P); a request for a 6~ TOWN OF PAIL ~~ MEMBERS ABSENT ,4pproved 3110!03 recommendation to the Vail Town Council for the proposed zoning of an unplatted parcel of land commonly referred to as the "trade parcel" and Lots 1 & 2, Mill Creek Subdivision to Ski Base Recreation II zone district; a request for a recommendation to the Vail Town Council of a text amendment to the Vail Town Code, Title 12, Zoning Regulations, to allow for the creation of a new zone district and to amend Section 12-78-13, Density Control, Zoning Regulations; a request for a minor subdivision, pursuant to Title 13, Subdivision Regulations, Vail Town Code, to allow far the relocation of the common property line between Lots P3 & J, Block 5A, Vail Village 54h Filing; a request for a recommendation to the Vail Town Cade of a proposed major subdivision, pursuant to Section 13-3, Major Subdivision, Vail Town Code, to allow for the platting of the "trade parcel"; a request for a conditional use permit, pursuant to Chapter 16, Title 12, of the Vail Tawn Code, to allow for a "private off-street vehicle parking facility and public park to be constructed and operated on Lots P3& J, Block 5A, Vail Village 5'h Filing; a request for an exterior alteration or modification, pursuant to Section 12-78-7, Exterior Alterations or Modifications, Vail Town Code, to allow for an addition to the Lodge at Vail; a request far a variance from Section 12- ~1-10, Development Restricted, Vail Town Code, pursuant to Chapter 17, Variances, Zoning Regulations, to allow for the construction of multiple-family dwelling units on slopes in excess of 40%; and a request far the establishment of an approved development plan to facilitate the construction of Vail's Front Door, and setting forth details in regard thereto. (A more complete metes and bounds legal description is available at the Town of Vail Community Development ©epartment) Applicant: Vail Resorts, represented by Jay Peterson Planner: George Ruttier George Ruttier gave a presentation per the staff report.. Gary Hartman and Erickson Shirley identified connections they had to the project, however, both believed that they could vote on the project objectively. Jay Peterson, representing Vail Resorts, introduced all those present representing Vail Resorts. Torn Braun stated that their plan was to do follow up to the previous meetings questions through written form and verb form. He hit an the questions which were asked last time, such as public skier drop-off at the private ski club, activities at the proposed ski yard, zoning the project into several zone districts, versus one district, staging at Mill Creek Circle, and the timeline for future meetings. He then began speaking about the Ski Base ll Zane District and stated that the seven paints were included with the staff report as a project. Jim Lamont asked for clarification regarding skier drop-off at other areas ether than the ski club, i.e., check point Charlie, He also asked about support services far the ski base event area, i.e., toilets, TV truck locations and hookups. Jay Peterson stated that the idea was to have people park in the structure and walk to the base and leave their street clothes in the structure. George Ruttier then announced that the discussion would move on to the proposed amendments to the Vaii Land Use Master Plan. George then went. aver the proposed changes, per the staff report, beginning on page 12 of the staff report, with Attachment B showing the proposed Land Use Plan Map changes. John Schofield asked if there was any public comment regarding the proposed changes to the Land Use Plan. Jirn Lamont asked George Ruttier what would happen if this language was not adopted. John Schofield stated that, at the request of the PEC the language was broad, but would not allow all USES land to be exchanged and annexed. 2 Approved 31101Q3 George Ruther stated that the language was written, as to not apply to a specific project. Jim Lamont stated that his group's position was that this change is a major policy Change, which should be reviewed by a larger review board and the public. Gary Hartman asked if there was a more descriptive way to explain public good Doug Cahill stated he was happy with the language, as the language depicts what could be done, but is not a guaranteed green light. Chas Bernhardt was happy with the language. Rollie Kjesbo was happy with the language, as it was not specific any one developer or plan George Lamb was happy with the language. Erickson Shirley liked the language, but would like to see the language trickle down into the text of the land use plan. John Schofield stated that staff and the applicant have created 6anguage which the Board requested. He said he liked the language for giving the option of approval based on several items such as pubic goad, however, he was little uncomfortable with "compelling public interests terminology and would like to see a definition. Jirn Lamont stated that he also agreed that the language, "`compelling pubic benefit," screams for criteria. There was great discussion regarding the meaning of compelling public interest and it was agreed by the board, staff, and applicant that public benefits was a changing target and each proposal should be reviewed in the context of the moment a proposal was reviewed. Chas Bernhardt stated that he thought of compelling as meaning long-term benefits to the Town, doug Cahill left at approximately 3:10 pm. The discussion then moved to the Vail Village Master Plan text and map amendments. George Ruther gave a presentation per the staff report. He gave a presentation with blow ups of maps within the plan and proposed changes, Jim Lamont asked George about the reform to the building story height from the current 9 feet to the 11 feet that Bob Lazier tried during the redevelopment of the Tivoli. He also asked what the amendment procedure was. George Ruther pointed to Page 10 of the memorandum for the requirements for an amendment. Jeff Winston stated that this is an amendment to the Vail Village Master Plan and does need to be properly notified. Rollie Kjesbo stated that he just wanted to be careful about changing the building heights. George Lamb stated he was still uncomfortable with the changes, as it could be construed as spot zoning. Approved 3/1 DI03 Erickson Shirley stated tha# this is the beginning of the mountain and the applicant should be aware that this area may look different than the rest of town. Gary Hartman stated that these plans are conceptual and to let the zoning handle the specifics. Chas Bernhardt agreed with Gary. Jahn Schofield agreed that the changes were correcting some errors and inconsistencies. There was a five minute break. The discussion moved on#a the new zone district. George Ruther gave a presentation per the staff report. Jim Lamont asked about the time limitation resfrictian on approval and non construction and what the property would revert to if no construction was not started. He also asked questions about horizontal zoning slang Bridge Street and how that would continue an the proposed extension of Bridge Street. He also asked if special events were a permitted use in other zone districts, as it was his belief that they were commonly conditional uses. He said he was concerned that temporary structures may remain longer than needed, if it appears that they are a right under the zoning district. He feels that there should be mare uses listed under conditional uses because of the special nature of this site, He was referring to commercial and utilitarian uses, not residential uses. He felt that there needs to be better clarification regarding location of outside display of goods. He also asked about the setback requirements yin the proposed text and then asked about the mitigation of development impact. George Ruther addressed each of Jim Lamont's comments. Gary Hartman feels that the complexity of this project warrants a new zone district and he feels that what needs to be done is to think about the potential for other properties to request this zoning. He #hought everything was straight forward and he would like to see as much underground parking as possible. He suggested moving 50°1o to 90%. He thinks height should be different for the different uses proposed on the site. He said residential, commercial, and lodging uses which requires different houses and he feels Bridge Street ends at Siebert Circle. John Schofield made some comments an behalf of Doug Cahill, regarding residential as a conditional use. Chas Bernhardt stated that what he and the board were trying to get across was that they need to be careful as this new zone district could be requested in other locations. He feels that the parking should be 10©% underground, or otherwise approved by the PEC. Rollie Kjesbo thinks certain uses such as storage should 6e below grade. He thinks that there is currently a process far special uses and wondered if the current process was adequate, if they are listed as a permitted use. George Ruther stated that he would like to talk same mare with Jim Lamont and the applicant regarding this issue. He said all special events are the same, in terms of impacts and all may not require public review. He will bring specific language back for their review. Rollie Kjesba also asked about 40% grade not counting toward site area in terms of density. He also asked about the loading areas and their use far other private retail shops an Bridge Street. Jay Peterson stated that they intended to allow the bays for greater usage. 4 Approved 3114143 George Lamb was concerned about some of the permitted uses. He would like to see shall turn into may and agreed with the parking comments. Erickson Shirley stated that whether he approves or denies the plan will be determined on the public benefit to the Town. He said he looks at height, site coverage, and density as discretionary items the Board can look at; not the maximum. He said he doesn't feel the design criteria allow the Board discretion to find compelling public benefit. John Schofield thought it was important to look beyond the subject property, in terms of writing the new zone district. He said we need underlying criteria which would give the Board proper power if someone wanted to put an SDD an tap of the project. He said he feels that the language is similar to that in the General lJse District and feels the proposed language in the new district should align with the GU [anguage. He said he is comfortable leaving special events as a permitted use, as long as there is a statement saying that it go through the Town special events review process. He thinks the PEC should approve a proposal and appeals should be made to the Council. He believes that only minimum parking should be permitted at grade and feels it is mandatory that loading and delivery and parking are needed and to explore off-site parking for visitors, He concluded by asking if Jay and George had any questions. Jay Peterson stated that he appreciated all the comments. He said the only concern he had was the comment regarding permitted uses an different floor levels. He also feels that this development does not create an increased parking problem. Rollie Kjesbo made a motion to table this until March 1 Q, 2Qg3. Gary Hartman seconded the motion. The motion passed by a vote of 6-0. 4. A request for a recommendation to the Vail Town Council, to allow for text amendments to Title 11, Sign Regulations, Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner. Russell ForrestlMatt Gennett MOTION: Chas Bernhardt SECOND: George Lamb VOTE: 7-0 TABLED UNTIL MARCH 1~, 2003 5. A request for a recommendation to the Vail Town Council of a proposed text amendment to Section 12-3-3: Appeals, Vail Town Code, to amend the 1(l-day appeal and call-up of administrative, Design Review Board, and Planning and Environmental Commission actions & setting forth details in regard #hereto. Applicant: Town of Vail, represented by Matt Mire Planner: George Ruther George Ruther gave a presentation per the staff report. There were no public Comments Chas Bernhardt made a motion to approve this per the findings in the staff report. George Lamb seconded the motion. The vote passed by a vote of 6-0. 5 Approved 31101Q3 6. A request for a recommendation to the Vail Town Council for the establishment of Speciai Development District Na. 37, to allow for the redevelopment of the Tivoli Lodge, located at 386 Hanson Ranch RoadlLot E, Block 2, Vail Village 5th Filing. Applicant: Robert & Diane Lazier Planner: George Ruther TABLED UNTIL MARGH 10, 2043 7. Approval of February 10, 2003 minutes Jay Peterson had a correction. Chas Bernhardt made a motion #o approve the amended minutes. Rollie Kjesbo seconded the motion. The motion passed by a vote of 6-0. 8. Information Update George Ruther handed out a form identifying the term expirations for each board member. He also discussed a February 4, 2003 memo, regarding the ta'#~ling of applications. Gary Hartman made a motion far approval. Rollie Kjesbo seconded the motion. The motion passed by a vote of 6-0. George Ruther then handed out the memo enumerating the Town of Vail Adopted plans and their expiration dates. John Schofield asked that some time be set aside at the next meeting to discuss the plans and a priority for updating them. * General time line for Four Seasons The applications and information about the proposals are available for public inspection during regular office hours in the project planners office located at the Town ofi Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available open request with 24 hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department • ~ The meetln4