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HomeMy WebLinkAbout2003-0310 PECC No STATE OF COLORADO COUNTY OF EAGLE i 0 46 PROOF OF PUBLICATION SS. I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, 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 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 the provisions of the Act of March 3, 1878, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. W at the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of ......1....... consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated .... ............... A.D..., ate........ and that the last publication of said notice was in the issue of said newspaper !! O....,,.... dated. ....t�.f A.D...... . �............ In witness whereof I have hereunto set my hand this ...... .... day of .. .. .. ..... i i ....... .............. . .......... .... ............. Publisher i Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado, this ..... �?............ day of ......� I i i i� -...l ?� �......'........... J ^�. Notary Public My Commission expires 0_. ... 1 r.. ./ l I 1 THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12 -M of the Vail Town Cone on March 10, 2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: An request for a final review of a Conditional Use Permit pursuant to Section 12 -7B -5, Permitted and Conditional Uses. Above Second Floor, Vail Town Code, to allow for the elimination of an existing dwelling unit in the Gore Creek Plaza Building, io- cated at 193 Gore Creek Dr. / Gore Creek Plaza Condominiums. Block 5B, Vail Village First Piling. Applicant: Rod and Beth Slifer Planner: Warren Campbell A request for a final review of a recommendation to the Vail Town Council of a proposed amendment to the Vail Land Use Plan; a request for a final re- view of a recommendation to the Vail Town Coun- cil of a. proposed amendment to the Vail Village Master Plan; a request for a final review of a rec- ommendation to the Vail Town Council of a text amendment to the Vall Town Code, Title 12, Zon- ing Regulations, to allow for the creation of a new zone district, Ski Base Recreation 2: and a request for a worksession to discuss the following applica- lions: a recommendation to the Vail Town Council of a text amendment to Section 12- 713-13, Density Control, Zoning Regulations; a request for a rea ommendatlon to the Vail Town Council of a pro- pad rezoning of Lots P3 & J, Block 5A, Vail Vil- lage 5th Filing from Public Accommodation zone district (PA) to Parking zone district (P); a request for a recommendation to the Vall Town Councl 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 Rea reation II zone tfistrich, a request for a minor subdi- vision, pursuant to Title 13, Subdivision Regula- tions, Vail Town Code, to allow for the ratocation of the common property line between Lots P3 & J. Blond 5A, Vail Village 51h Filing; a request for a recommendation to the Vail Tmm Code of a pro- posed 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 condi- - _tional use permd. 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 Lots P3& J. Blade 5A, Vail Village 5th Filing; a request for an exterior al- teration or modification, pursuant to Section 12 -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. pur, suant to Cha 17, Variances, Zoning Regula- tions, to allow for the construction of multiple - family dwelling units on slopes in excess of 4096; and a request for the establishment of an approved de- velopment plan to facilitate the construction of Vail's Front boor, and setting forth details In regard thereto. (A more complete moles and bounds It.. - gal description Is available at the Town of Vail Community Development Department) Applicant: Vail Resorts, represented by Jay Pe- terson Planner: George Ruther A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 37, pursuant to Section 12 -9A -6, Development Plan, Vail Town Code, to allow for the redevelopment of the Tivoli Lodge, lo- cated at 386 Hanson Ranch RoadlLol E, Block 2, Vail Village 5th Filing. AAppppiItcerlt Robert & ()lane Lazier Planner George Ruther A request for a recommendation to the Vail Town Council for a major amendment to Special Devel- opment Distrkt No. 36, pursuant to Section 12.9A- 10. Vag Town Code, to allow for a rrtixed-ese (total: a request for a final review of a conditlonal use permit, pursuant to Section 12 -7A -3, Vail Town Code, to allow for Type III Employee Housing Units and a fractional fee club; and a request for a rec- ommendation to the Vail Town Council for a pro- posed rezoning of Lot 9A, Vail Village 2nd 'Filing from "ea Service (HS) District to Public Accom- red ation PA) Distnet, located ai 28 S, f=rontage Rd. and 13 Vail Roadkots 9A& 9C, Vail Village 2nd Filing. THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12 -3 -6 of the Vail Town Code on March 10, 2003, at 2. ©0 P.M. in the Town of Vail Municipal Building. In consideration of: An request for a final review of a Conditional Use Permit pursuant to Section 12 -713-5, Permitted and Conditional Uses; Above Second Floor, Vail Town Code, to allow for the elimination of an existing dwelling unit in the Gore Creek Plaza Building, located at 193 Gore Creek Dr. /Gore Creek Plaza Condominiums, Block 5B, Vail Village First Filing. Applicant: Rod and Beth Slifer Planner: Warren Campbell A request for a final review of a recommendation to the Vail Town Council of a proposed amendment to the Vail Land Use Plan; a request for a final review of a recommendation to the Vail Town Council of a proposed amendment to the Vail Village Master Plan; a request far a final review of 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, Ski Base Recreation 2; and a request for a worksession to discuss the following applications: a recommendation to the Vail Town Council of a text amendment to Section 12- 7B -13, Density Control, Zoning Regulations; a request for 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 fora 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 minor subdivision, pursuant to Title 13, Subdivision Regulations, Vail Town Code, to allow for the relocation of the common property line between Lots P3 & J, Block 5A, Vail Village 5 th Filing; a request for a recommendation to the Vail Town Code 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 Town 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 th Filing; a request for an exterior alteration or modification, pursuant to Section 12 -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 %; 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 Jay Peterson Planner: George Ruther A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 37, pursuant to Section 12 -9A -6, Development Plan, Vail Town Code, to allow for the redevelopment of the Tivoli Lodge, located at 386 Hanson Ranch Road /Lot E, Block 2, Vail Village 5 1h Filing. Applicant: Robert & Diane Lazier Planner: George Ruther *V141L TO9W O A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 36, pursuant to Section 12- 9A -10, Vail Town Code, to allow for a mixed - use hotel; a request for a final review of a conditional use permit, pursuant to Section 12 -7A -3, Vail Town Code, to allow for Type III Employee Housing Units and a fractional fee club and a request for a recommendation to the Vail Town Council for a proposed rezoning of Lot 9A, Vail Village 2nd Filing from Heavy Service (HS) District to Public Accommodation (PA) District, located at 28 S. Frontage Rd. and 13 Vail Road /Lots 9A& 9C, Vail Village 2 nd Filing. Applicant: Nicollet Island Development Company Inc. Planner: Allison Ochs The applications and information about these proposals are available for public inspection during regular business hours at the Town of Vail Community Development Department office, 75 South Frontage Road. The public is invited to attend the project orientation held in the Town of Vail Community Development Department office and the site visits that precede the public hearing. Please call (970) 479 -2138 for additional information. Sign language interpretation is available upon request with 24 -hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for additional information. Community Development Department Published February 21, 2003 in the Vail Daily. 0 E • N° 045 THIS t7EM MAY AFFECT LIC NC R CE bPEfiTy NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vaj1 WW in hod a PROOF OF PUBLICATION 12 -3 -6 opublic f the Vail TownnCode March with S 10, 2003. at 2:00 P.M. In the Town of Vail Municipal Buiiding- STATE OF COLORADO Inconsideradonof: A request for a final recommendation of a major amendment to Special Development District No. �.�.. 6, pursuant to Section 12- gA -10. Amendment Pro- cedures, Vail Town Code, to allow for a change to the existing conditions of approval (Ordinance No. COUNTY OF EAGLE 4, Series of 2000), located at 100 East Meadow privell -ots M, N. & d, Block S.D. Vail Village First Filing. Applicant: waldir Prado, Daymer Corporation Planner. George Ruther The applications and information about these pro- posals are available for public inspection during I, Steve Pope, do Solemnl swear that I am the Publisher of The Vail Daily, that the same daily news a- regular business hours at the Town of Vail Com- p Y Y Y p munily Development Department office, 75 south per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a Frontage road_ The public is invited to attend the project orientation held in the Town of Vail Com- general circulation therein; that said newspaper has been published continuously and uninterruptedly munity Development Department office and the in said County of Eagle for a period of more than fifty -two consecutive weeks next p rior to the first site visits that precede the public hearing. Please call (970) 479 -2138 for additional information. publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the sign language interpretation i s available upon re United States mails as a periodical under the provisions of the Act of March 3, 1873, or any amend- quest with 24 -hour notification. Please call (970) ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices 479- 2356, Telephone for the Hearing Impaired, for and advertisements within the meaning of the laws of the State of Colorado. additional information. 0 Community Development Department Published February 21, 2903 in the Vail Daily. That the annexed legal notice or advertisement was publ ished in the regular and entire issue of every number of said daily newspaper for the period of ry s; and that the first publication of said notice as in the issue of said newspaper dated Cut 'rlyri 17' . ...................... A.D.......... r ....... and that the last publication of said notice was in the issue of said newspaper dated ...p� ......... A. D........ ........... In witness whereof I have hereunto set my hand this ... c�6 day of ...... .............. ....... .......... Publisher r Subscribed and s to before me, a notary public in and for the County of Eagle, State of Colorado, this ............. . day of � .. . Notary Public My Commission expires ........ ......��,� 1�1 THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE U 81 1101 NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of 01k4*0 Vail will hold a public hearing in accordance with Section 12 -3 -6 of the Vail Town Code on March 10, 2003, at 2;00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a final recommendation of a major amendment to Special Development District No. 6, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for a change to the existing conditions of approval (Ordinance No. 4, Series of 2000), located at 100 East Meadow Drive /Lots M, N, & O, Block 5 -D, Vail Village First Filing. Applicant: - Waldir Prado, Daymer Corporation Planner: George Ruther The applications and information about these proposals are available for public inspection during regular business hours at the Town of Vail Community Development Department office, 75 South Frontage Road. The public is invited to attend the project orientation held in the Town of Vail Community Development Department office and the site visits that precede the public hearing. Please call (970) 479 -2138 for additional information. Sign language interpretation is available upon request with 24 -hour notification. Please call (970) 4792356, Telephone for the Hearing Impaired, for additional information. Community Development Department Published February 21, 2003 in the Vail Daily. TO WN OF VA 4fL 1 I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, 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 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 the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of ...... I........ consecuti ` insertions; and that the first / 1 publication of said notice was in the issue of said newspaper dated ....:�(,.`� 31 3. ............ A.D. ,,,.., ( 3 ., ..and that the last publication of said notice was in the issue of said newspaper dated........ ( -.. 1 ?3 A.D. ... . . .............. In witness whereof I have hereunto set my hand this ...:k....... day of .. ��:,`;,! (t ......?C. ? >... VIN-- .............. ... .......... .- .... ................... ...... Publisher Subscribed sworn to before.,me, a notary public in and for the County of Eagle, State of Colorado, this 1. ........ day of r �.; 5- A request tar a conditional use per - MIT, ptrrstiant to Section 12 -60-3 4Contlitional Uses), Vail Town Code, 14D allow for a **rate school, located at Parcel B, a resubdiiiiallm of Tract D, Vail das Schone 1st Filing, generally known as the'Hud Wirth" prcperly. (A full metes & bounds descrfption is available at the Departrmni of Community Development upon request). Applicant: Children's Garden of Learning Planner: Allison Ochs TABLED UNTIL MARCH 24, 2003 6. A request for a recommer4ation to the Vail Town Council for a major arrendmem to Special Development District No. 36, pursuant to Section 12- 9A -10, Vail Town Code, to allow tot a mixed -use hotel; a request for a final review of a conditional use permit,, pursuant to Section 12-7A- 3, Vail Town Code, to allow for Type III Employee Housing Units and a fractional tee club: and a re- quest far a recommendation to thn Vail Town Council for a proposed rezoning of Lot 0A, Vail Vil. lage 2nd Filing from Heavy Service (HS) District to Public Accommodation (PA) District, located at 28 S. Frontage Rd. and 13 Vail RoadlLots 8A& 8C, Vail Vlllage 2nd Filing. Applicant; Nicollet Island Development Compa- my Inc. Planner Allison Ochs TABLED UNTIL MARCH 24, 2003 7. A request for a recommendation to the Vail Town CounciR For the establishment of Special Development District No. 37, pursuant to Section 12 -9A -6, Development Plan, Vail Town Code, to allow for the redevelopment of The Tivoli Lodge, located at 386 Hanson Ranch Roac l E. Block 2. Vail Village 5th Filing. Appli.L Robert & Diane Lazier Planner George Ruther TABLED UNTIL APRIL 14, 2003 a. Approval of February 24, 2003 mi- runes 9. Inlormalion update Applicant: Rod and Meth Slifer Planner: warren Campbell 2 A request for a final review of a rec- ommendation to the Vail Town Council of a prc- posed amendment to the Vail Land Use Plan; a re- quest for a final review of a recommendation to the Vail Town Council of a proposed amendment to the Vail Village Master Plan; a request for a final review of a recornmenciation 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 now zone district, Ski Base Recrea. tion 2; and a request for a worksession to discuss the following applications: a recommendation to the Vail Town C0urtc4 of a text amendment to Sec- tion 12- 79.13, Density Control, Zoning Regula- tions; a request for a recommendation to the Vail Town Council 01 a proposed rezoning at Lots P3 & J. Block 5A, Vail Village 5th Filing from Public Ac. commodation zone district (PA) to Parking zone district (P): a request for a recommendation to the Vail Town Council for the proposed zoning of an unplatte l parcel of land Commonly referred to as the 'trade parcel" and Lots 1 & 2, Mill Creek Subdi. vision to Ski Base Recreation II zone district: a re- quest for a minor subdivision, pursuant to Title 13, Subdivision Regulations, Vail Town Code, to allow for the relocation of the common property line be- tween Lots P3 & J, Block 5A, Vail Village 5th Fil- ing; a request for a recommendation to the Vail Town Code of a proposed major subtimsion, pur- suant to Se rilon 13 -3, Major Subdivision, Vail Town Code, to allow for the platting o1 the - trade Parcel'; a request for a conditional uas permit, pur- suaa to Chapter 16, Title 12, of the Vail Town Code, to allow for a 'private oft - street vehicle park. ing facility and public park to be constructed and operated on Lots P3& J, Block 5A, Vail Village 51h Filing; a request for an exterior afferaiion or modi- iicalion, pursuant to Section 12.78 -7, Exterior Al- terations or Modifications, Vail Town Code, to al. low for an addition to the Lodge at Vail; a request for a variance from Section 12- 21 -10, Develop- ment Restricted, Vail Town Code, pursuant to Chapter 17, Variances, Zoning Regulations, to al- low 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 constru�on of Vail's From Door. and setting forth details in regard thereto. (A more complete metes and bounds legal description is available at the Town of Vail Community Devel- opment Department) Applicant: Vail Resorts, represented by Jay Ire. tersan Planner: George Ruttier V 4 /� 3 A request for a final recommendation of a major amendment to Special Development District No. 6, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for a change to the existing conditions of approval (ordinance No. 21, Series of 2000), located at too Fast Meadow Drive/Lots M, N- & 0, Block 5-D. Vail PROOF OF PUBLICATION Vi lla g e First Filin Applicant: Waldir Prado, Daymer Corporation STATE OF COLORADO Planner: George Ruther 4. A ($quest for a recommendation to the Vail Town Council of a proposed text amend - SS. ment to Section 12 -10-8: Loading Standards. Vail Town Code, to amend the requirement for offing COUNTY OF EAGLE berths& setting forth I I I In regard thereto, Appiicam. Town of Vaal Planner: Allison Ochs I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, 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 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 the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of ...... I........ consecuti ` insertions; and that the first / 1 publication of said notice was in the issue of said newspaper dated ....:�(,.`� 31 3. ............ A.D. ,,,.., ( 3 ., ..and that the last publication of said notice was in the issue of said newspaper dated........ ( -.. 1 ?3 A.D. ... . . .............. In witness whereof I have hereunto set my hand this ...:k....... day of .. ��:,`;,! (t ......?C. ? >... VIN-- .............. ... .......... .- .... ................... ...... Publisher Subscribed sworn to before.,me, a notary public in and for the County of Eagle, State of Colorado, this 1. ........ day of r �.; 5- A request tar a conditional use per - MIT, ptrrstiant to Section 12 -60-3 4Contlitional Uses), Vail Town Code, 14D allow for a **rate school, located at Parcel B, a resubdiiiiallm of Tract D, Vail das Schone 1st Filing, generally known as the'Hud Wirth" prcperly. (A full metes & bounds descrfption is available at the Departrmni of Community Development upon request). Applicant: Children's Garden of Learning Planner: Allison Ochs TABLED UNTIL MARCH 24, 2003 6. A request for a recommer4ation to the Vail Town Council for a major arrendmem to Special Development District No. 36, pursuant to Section 12- 9A -10, Vail Town Code, to allow tot a mixed -use hotel; a request for a final review of a conditional use permit,, pursuant to Section 12-7A- 3, Vail Town Code, to allow for Type III Employee Housing Units and a fractional tee club: and a re- quest far a recommendation to thn Vail Town Council for a proposed rezoning of Lot 0A, Vail Vil. lage 2nd Filing from Heavy Service (HS) District to Public Accommodation (PA) District, located at 28 S. Frontage Rd. and 13 Vail RoadlLots 8A& 8C, Vail Vlllage 2nd Filing. Applicant; Nicollet Island Development Compa- my Inc. Planner Allison Ochs TABLED UNTIL MARCH 24, 2003 7. A request for a recommendation to the Vail Town CounciR For the establishment of Special Development District No. 37, pursuant to Section 12 -9A -6, Development Plan, Vail Town Code, to allow for the redevelopment of The Tivoli Lodge, located at 386 Hanson Ranch Roac l E. Block 2. Vail Village 5th Filing. Appli.L Robert & Diane Lazier Planner George Ruther TABLED UNTIL APRIL 14, 2003 a. Approval of February 24, 2003 mi- runes 9. Inlormalion update • PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING Monday, March 10, 2003 PROJECT ORIENTATION I - Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT pU �� Z '�yFO 12 :00 pm Site Visits: 1:00 pm 1. Slifer residence — 193 Gore Creek Drive Driver: George NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing - Town Council Chambers 2:00 pm An request for a final review of a conditional use permit pursuant to Section 12 -713-5, Permitted and Conditional Uses; Above Second Floor, Vail Town Code, to allow for the elimination of an existing dwelling unit in the Gore Creek Plaza Building, located at 193 Gore Creek Dr. 1 Gore Creek Plaza Condominiums, Block 56, Vail Village First Filing. • • Applicant: Rod and Beth Slifer Planner: Warren Campbell 2. A request for a final review of a recommendation to the Vail Town Council of a proposed amendment to the Vail Land Use Plan; a request for a final review of a recommendation to the Vail Town Council of a proposed amendment to the Vail Village Master Plan; a request for a final review of 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, Ski Base Recreation 2; and a request for a worksession to discuss the following applications: a recommendation to the Vail Town Council of a text amendment to Section 12- 76 -13, Density Control, Zoning Regulations; a request for 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 for a 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 11 zone district; a request for a minor subdivision, pursuant to Title 13, Subdivision Regulations, Vail Town Code, 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 Vail Town Code 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 Town 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 Filing, a request for an exterior alteration or modification, pursuant to Section 12 -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- * vAI L TOItiN o 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) 0 Applicant. Vail Resorts, represented by Jay Peterson Planner: George Ruther 3. A request for a final recommendation of a major amendment to Special Development District No. 6, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for a change to the existing conditions of approval (Ordinance No. 21, Series of 2000), located at 100 East Meadow Drive /Lots M, N, & 4, Block 5 -D, Vail Village First Filing. Applicant: Waldir Prado, Daymer Corporation Planner: George Ruther 4. A request for a recommendation 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 loading berths & setting forth details in regard thereto. Applicant: Town of Vail Planner: Allison Ochs 5. 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 das Schone 1" 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 TABLED UNTIL MARCH 24, 2003 6. A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 36, pursuant to Section 12- 9A -10, Vail Town Code, to allow for a mixed -use hotel; a request for a final review of a conditional use permit, pursuantto Section 12- 7A-3, Vail Town Code to allow for Type III Employee Housing Units and a fractional fee club; and a request for a recommendation to the Vail Town Council for a proposed rezoning of Lot 9A, Vail Village 2 nd Filing from Heavy Service (HS) District to Public Accommodation (PA) District, located at 28 S. Frontage Rd. and 13 Vail RoadlLots 9A& 9C, Vail Village 2 nd Filing. Applicant: Nicollet Island Development Company Inc. Planner: Allison Ochs TABLED UNTIL MARCH 24, 2003 7. A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 37, pursuant to Section 12 -9A -6, Development Plan„ Vail Town Code, to allow for the redevelopment of the Tivoli Lodge, located at 386 Hanson Ranch Road /Lot E, Block 2, Vail Village 5 1 Filing. Applicant: Robert & Diane Lazier Planner: George Ruther TABLED UNTIL APRIL 14, 2003 7 Approval of February 24, 2003 minutes 9. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479 -2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Comrnunity.Development Department Published March 7, 2003 in the Vail Daily. is i PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING RESULTS Monday, March 10, 2003 PROJECT ORIENTATION 1 - Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT MEMBERS ABSENT John Schofield Doug Cahill Erickson Shirley Rollie Kjesbo Chas Bernhardt George Lamb Gary Hartman Site Visits : 1:00 pm 1. Slifer residence — 193 Gore Creek Drive Driver: George � NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 0:00 - 6:30 Public Hearing - Town Council Chambers 2:00 pm 1. An request for a final review of a conditional use permit pursuant to Section 12 -7B -5, Permitted and Conditional Uses; Above Second Floor, Vail Town Code, to allow for the elimination of an existing dwelling unit in the Gore Creek Plaza Building„ located at 193 Gore Creek Dr. I Gore Creek Plaza Condominiums, Block 5B, Vail Village First Filing, Applicant: Rod and Beth Slifer Planner: Warren Campbell MOTION: Gary Hartman SECOND: George Lamb VOTE: 5 -0 APPROVED WITH 1 AMENDED CONDITION: The applicant shall submit a plan to address the violations identified in the March 20, 2002 letter from the Town of Vail Fire Department. The remedy for addressing the violations must be approved by staff prior to the issuance of a building permit for the Unit 3 consolidation and remodel. The remedy for the fire violations within Units 2, 3, and the Penthouse in the Gore Creek Plaza Building must be completed within 12 months of the building permit being issued. 2. A request for a final review of a recommendation to the Vail Town Council of a proposed amendment to the Vail Land Use Plan; a request for a final review of a recommendation to the Vail Town Council of a proposed amendment to the Vail Village Master Plan; a request for a final review of 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, Ski Base Recreation 2, and a request for a worksession to discuss the following applications: a 40 recommendation to the Vail Town Council of a text amendment to Section 12- 713-13, Density Control, Zoning Regulations; a request for a recommendation to the Vail Town Council of a v' y ] TOWN OF m1L � 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 for a 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 11 zone district; a request for a minor subdivision, pursuant to Title 13, Subdivision Regulations, Vail Town Code, 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 Vail Town Code 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 Town 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 th Filing; a request for an exterior alteration or modification, pursuant to Section 12 -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 %; 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 Jay Peterson Planner: George Ruther MOTION: Erickson Shirley SECOND: George Lamb VOTE: 5 -0 RECOMMENDATION OF APPROVAL TO TOWN COUNCIL — LAND USE TEXT AMENDMENT MOTION: Erickson Shirley SECOND: Gary Hartman VOTE: 5 -0 RECOMMENDATION OF APPROVAL TO TOWN COUNCIL — VAIL VILLAGE MASTER PLAN AMENDMENT MOTION: Chas Bernhardt SECOND: George Lamb VOTE: 5 -0 RECOMMENDATION OF APPROVAL TO TOWN COUNCIL — NEW ZONE DISTRICT 3. A request for a final recommendation of a major amendment to Special Development District No. 6, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for a change to the existing conditions of approval (Ordinance No. 21, Series of 2000), located at 100 East Meadow Drive /Lots M, N, & O, Block 5 -D, Vail Village First Filing. Applicant: Waldir Prado, Daymer Corporation Planner: George Ruther MOTION: Chas Bernhardt SECOND: George Lamb VOTE: 5 -0 TABLED UNTIL MARCH 24, 2003 4_ A request for a recommendation 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 loading berths & setting forth details in regard thereto. Applicant: Town of Vail Planner: Allison Ochs MOTION: Gary Hartman SECOND: George Lamb VOTE: 5 -0 TABLED UNTIL APRIL 14, 2003 7 5. 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 das Schone 1" Filing, generally known as the "Hud Wirth" property. (A full metes & is bounds description is available at the Department of Community Development upon request). Applicant: Children's Garden of Learning Planner: Allison Ochs TABLED UNTIL MARCH 24, 2003 6. A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 36, pursuant to Section 12- 9A -10, Vail Town Code, to allow for a mixed -use hotel; a request for a final review of a conditional use permit, pursuant to Section 12- 7A-3, Vail Town Code, to allow for Type III Employee Housing Units and a fractional fee club: and a request for a recommendation to the Vail Town Council for a proposed rezoning of Lot 9A, Vail Village 2'd Filing from Heavy Service (HS) District to Public Accommodation (PA) District, located at 28 S. Frontage Rd. and 13 Vail Road /Lots 9A& 9C, Vail Village 2 nd Filing. Applicant: Nicollet Island Development Company Inc. Planner: Allison Ochs TABLED UNTIL MARCH 24, 2003 7. A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 37, pursuant to Section 12 -9A -6, Development Plan, Vail Town Code, to allow for the redevelopment of the Tivoli Lodge, located at 386 Hanson Ranch Road /Lot E, 40 Block 2, Vail Village 5' Filing. Applicant: Robert & Diane Lazier Planner: George Ruther TABLED UNTIL APRIL 14, 2003 8. Approval of February 24, 2003 minutes MOTION: George Lamb SECOND: Chas Bernhardt VOTE: 5 -0 APPROVED 9. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479 -2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department 0 AW • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 10, 2003 SUBJECT: A request for a final review of a Conditional Use Permit pursuant to Section 12- 713 -5, Permitted and Conditional Uses; Above Second Floor, Vail Town Code, to allow for the elimination of an existing dwelling unit in the Gore Creek Plaza Building, located at 193 Gore Creek Drive/Lot A, Block 5 -B, Vail Village 1" Filing. Applicant: Rodney and Beth Slifer, represented by Tom Counter of Slifer Designs Planner: Warren Campbell I. SUMMARY The applicants, Rodney and Beth Slifer, represented by Tom Counter of Slifer Designs, are requesting a conditional use permit as outlined in Section 12 -16 -2 (Conditional Use Permit), Vail Town Code, located at 193 Gore Creek Drive/Lot A, Block 5 -B, Vail Village 1" Filing. The conditional use permit is requested to allow the applicants to eliminate an existing dwelling unit (unit 3) in the Gore Creek Plaza Building. Based upon Staff's review of the criteria in Section VIII of this memorandum, and the plans and documents presented, the Community Development Department recommends approval of this request subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicants are proposing to eliminate unit 3 and combine it with the existing penthouse in the Gore Greek Building (attachment A). This proposal requires a conditional use permit per Section 12 -7B -5 (Permitted and Conditional Uses; Above Second Floor), Vail Town Code, which states that "Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit." The proposal utilizes an existing stairwell which leads from the penthouse on the fifth floor and unit 3 on the fourth floor. The only modification which will be made to connect the two units is the installation of a new doorway. This combining of the two units includes a remodel of unit 3. This proposal does not include the incorporation of any common hallways or other areas into the square footage of unit 3 (attachment B). III. BACKGROUND • This property is a portion of the original Town of Vail which was election on August 23, 1966 and court order on August 26, 1966. currently zoned Commercial Core 1 (CC1). • On July 24, 1989, the applicant received Planning and made legal by The property is Environmental Commission approval of a height variance in order to construct an addition to the penthouse. That approval resulted in the addition of 756 square feet of gross residential floor area (GRFA). • On March 23, 1998, the applicant received Planning and Environmental Commission approval of a conditional use permit to eliminate a dwelling unit (unit 2) after the applicant withdrew the request for a height and site coverage variance (attachment D). Unit 2 is currently used as a lower level of the penthouse. • On. April 27, 1998, the applicant returned to the Planning and Environmental Commission requesting a site coverage and height variance for that portion of the proposal withdrawn at the March 23, 1998 meeting. The application was denied. • On June 23, 1998, the applicant appealed the denial of the height and site coverage variance to the Town Council. Town Council voted to uphold the action of the Planning and Environmental Commission. • Several applications for the penthouse have been approved over the years including a remodel in 1990 and awnings in 2000. • On March 20, 2002, the Town of Vail Fire Department sent a letter outlining several code violations which existed at the Gore Creek Building (Attachment C). The condominium association was given until September 20, 2003 to develop a plan to address the violations which the fire department must approve. That letter also gave the condominium association 18 months from September 20, 2003 to complete the improvements required by the plan. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for acceptability of use and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action. The Planning and Environmental Commission is responsible for final approval /denialiapproval with conditions of Conditional Use Permits. The Planning and Environmental Commission is responsible for evaluating a proposal for: Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses_ E 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. Conformance with development standards of zone district Lot area Setbacks Building Height Density GRFA Site coverage Landscape area Parking and loading Mitigation of development impacts Design Review Board: Action: The Design Review Board has NO review authority on a Conditional Use Permit, but must review any accompanying Design Review Board application. The Design Review Board is responsible for evaluating the Design Review Board 40 proposal for: Architectural compatibility with other structures, the land and surroundings Fitting buildings into landscape Configuration of building and grading of a site which respects the topography Removal /Preservation of trees and native vegetation Adequate prevision for snow storage on -site Acceptability of building materials and colors Acceptability of roof elements, eaves, overhangs, and other building forms Provision of landscape and drainage Provision of fencing, walls, and accessory structures Circulation and access to a site including parking, and site distances Location and design of satellite dishes Provision of outdoor lighting The design of parks Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. 3 F Staff provides a staff memorandum 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. APPLICABLE PLANNING DOCUMENTS TOWN OF VAIL ZONING REGULATIONS 12 -7113 Commercial Core 1 (CC1) District 12 -78 -1: Purpose: The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. (Ord. 21(1980) § 1) 12 -7B -5: PERMITTED AND CONDITIONAL USES, ABOVE SECOND FLOOR: (in part) A. Permitted Uses: The following Uses shall be permitted on any floor above the second floor above grade: Lodges. Multiple- family residential dwellings. B. Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit. or and portion thereof, shall require a conditional use permit. Such uses may include: 12 -7B -8: CONDITIONAL USES, FACTORS APPLICABLE: In considering, in accordance with chapter 16 of this title, an application for a conditional use permit within commercial core 1 district, the following development factors shall be applicable: A. Effects of vehicular traffic on commercial core 1 district. B. Reduction of vehicular traffic in commercial core 1 district. C. Reduction of nonessential off street parking. D. Control of delivery, pickup, and service vehicles. 4 0 E. Development of public spaces for use by pedestrians. F. Continuance of the various commercial, residential, and public uses in commercial core 1 district so as to maintain the existing character of the area. G. Control quality of construction, architectural design, and landscape design in commercial core 1 district so as to maintain the existing character of the area. H. Effects of noise, odor, dust, smoke, and other factors on the environment of commercial core I district. (Ord. 16(1975) § 4) 12- 7B -20: VAIL VILLAGE URBAN DESIGN PLAN. A. Adoption: The Vail village urban design guide plan and design considerations are adopted for the purposes of maintaining and preserving the character and vitality of the Vail village (CC1) and to guide the future alteration, change and improvement in CCI district. Copies of the Vail village design guide plan and design considerations shall be on file in the department of community development. 12 -16: Conditional Use Permits 12 -16 -1: Purpose; Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. 12 -16 -5: Planning and Environmental Commission Action: A. Possible Range Of Action: Within thirty (30) days of the application for a public hearing on a conditional use permit, the planning and environmental commission shall act on the application. The commission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this title, or the commission may deny the application. A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. Conditions may include, but shall not be limited to, requiring special setbacks, open spaces, fences or walls, landscaping or screening, and street dedication and improvement; regulation of vehicular access and parking, signs, illumination, and hours and methods of operation; control of 5 potential nuisances; prescription of standards for maintenance of buildings and grounds; and prescription of development schedules. B. Variances: A conditional use permit shall not grant variances, but action on a variance may be considered concurrently with a conditional use permit application on the same site. Variances shall be granted in accordance with the procedure prescribed in chapter 17 of this title. (Ord. 16(1978) § 4(b): Ord. 8(7973) § 18.500) 12- 16 -B.. Permit Approval and .Effect: Approval of a conditional use permit shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. (Ord. 10(1998) § 10: Ord. 48(7 § 1: Ord. 16(1978) § 4(d)) Vail Village Master Plan The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing proposals for development in Vail Village. 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. The plan focuses primarily on architecture, redevelopment, economic health, open space, and circulation. Goal #1: Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.2 Objective; Encourage the upgrading and redevelopment of residential and commercial facilites. Goal #2: To foster a strong tourist industry and promote year - around economic health and viability for the Village and for the community as a whole. 2.3 Obiective: Increase the number of residential units available for short term overnight accommodation. Goal #5: Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation system throughout the village. Vail Land Use Plan 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. 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 C: the land use categories and zoning conflict, existing zoning controls development on a site. 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (Infill areas). 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. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. V1. SITE ANALYSIS Zoning:. Land Use Plan Designation Current Land Use: Development Standard Lot Area: Setbacks: Commercial Core 1 Village Master Plan Residential /Commercial Allowed /Required Existin Proposed 5,000 sq. ft. 7,553 sq. ft. No Change Front: None Required 14' -20' No Change Sides: None Required 0.5' -10' No Change Rear: None Required 0.5' -3' No Change Building Height: 33' -43' up to 40% 33' -43' (11 %) No Change 33' or less 60% 33' or less (17 %) Greater than 43' (72 %) Site Coverage: 6,043 sq. ft. (80 %) 6,084 sq. ft. (80.6 %) No Change Density: 6,043 sq. ft. (80 %) 6,043 sq_ ft. (80 %) No Change Parking: 6 spaces(residential) 5 spaces(residential) No Change 0 7 VII: SURROUNDING LAND USES AND ZI Land Use North: Open Space South: Residential /Commercial East: Residential /Commercial West: Residential / Commerciai VIII. CRITERIA AND FINDINGS 7NING 40 Zo_ ning Commercial Core 1 Commercial Core 1 Commercial Core 1 Commercial Core 1 The review criteria for a request of this nature are established by the Town Code. The proposed elimination of a dwelling unit is located within the Commercial Core 1 zone district. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12 -16, Vail Town Code. A. Consideration of Factors Regarding Conditional Use Permits: 1. Relationship and impact of the use on the development objectives of the Town. Staff believes there are minimal negative impacts created by the proposal on the development objectives of the Town. The site is currently nonconforming in regards to many of the zoning requirements and this request does not increase that level of nonconformity. The proposal does not violate the goals of the Vail is Village Master Plan. In order to have successful commercial areas it is necessary to obtain the critical mass of individuals spending time in the Village and Lionshead which can support the retail components. The Town promotes the creation of "hot beds or live beds" in all new development as this type of lodging provides the greatest opportunity to have the maximum number of individuals staying in the commercial areas. The Vail Village Master Plan identifies as an objective the need to increase the number of residential units (Objective 2.3). It is a concern that the loss of existing dwelling units creates less of an opportunity to achieve the critical mass of guests in the commercial areas. While this proposal may not have a significant impact, there is concern that proposals of this type if multiplied in number could significantly deplete the opportunity to have the optimum number of individuals in the commercial areas. Certain uses are listed as conditional uses because of their unusual or special characteristics. The conditional use review process is required as a particular use has the potential to have a negative impact on surrounding properties. Through the review process the Planning and Environmental Commission examines a particular use in terms of operation and impacts. The Commission can then apply conditions on the operation of the use in order to mitigate the negative impacts of the use and to assure compatibility and harmonious E development between the conditional use and the surrounding properties. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes that this proposal will have no significant impact on the above mentioned items. The proposed elimination of a dwelling unit will not place an increased demand upon public infrastructure and facilities. In a letter dated March 20, 2002, the Vail Fire Department enumerated several code violation which exist within the Gore Creek Building (Attachment C). That letter establishes a timeframe for developing a plan to address the violations and a timeframe for implementing that plan. Per the letter the date by which a plan must be approved by the Vail Fire Department is September 20, 2003. Staff is requesting that if this proposal is approved that a condition requiring an approved plan for addressing the concerns to be in place prior to issuing a building permit. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that this proposal will have no negative impact on the above mentioned items. Per Section 12 -10 -10 (Parking Requirement Schedules), Vail Town Code, the required parking for the site is 1.4 parking spaces per residential unit_ There are currently four units which would require six spaces. There are currently five parking spaces. This proposal would reduced the required parking by 1.4 parking spaces and therefore only require five parking spaces for the three remaining residential units. According to the Institute of Transportation Engineer's Trip Generation 6 Edition the average number of trips generated per day are 5.86 for a residential condo. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The incorporation and remodel of unit 3 into the penthouse will have no exterior impact. The applicants are proposing to make a small addition of 105 square feet to an existing desk on the fifth floor of the building with this proposal. This expansion does not require review by the Planning and Environmental Commission. An application for the exterior deck was reviewed by the Design Review Board on March 5, 2003 and was tabled. W* i vehi,atillm . r tr on Carramerciai Core 7 Mf trlct_� ' M �t tat7on of one dwFaNing unit could potentially rGCJuCe lho .::f vehiclO trips into the parleirig strueturc t5t31ow the CGorU j ding. "rttercfort2�, the affects of the request up©n vehicular id$itiva. E ;pf vehicular traffic 1n CommerctFai Cor$ 7 t�istricR_ a the previous ciescrlbecl criteria, staff believes the of one dwc_Iling Unit Could I a Po- iMi ® impact upon the - af velhicUlar ira(flC_ •.of ncsrtessentiat off str$et parK:ng_ Yes the proposod'sl.irt'7inaticsn - caf c7ne dwetling unit will have a impacts on the above cisscribead criteria_ xi n : -rril to have n certain raticir Of tivvellirr< units per rl _ G,L,rare toot :.a9gc' in order to have ta ccc3nvrn is villag.� i, steer t>Ciie,vc s the proposed request will haves uninin y e! -- ip;sc:t c`�n the: above descrbCdGriteria_ � - s:Hk cjuafiRy ref Ccsnstructlon. arct�stectura{ deesign. in a ME �� .. 1: rtcsign CammeroiaiCOre 1 District so s fie existing character of the area_ w'ES the pro �[JSEd rc3q Uest will h vg np nc.rl itive� irn par i7n {�besepri9 - >r3Cy oritc: ria.... Ali cxt rior ch att9 es w111 ba rarviawed my to iu �91i.�.,fC:viC•v E3caa.rd and wilt lac rc:gc,ir$ci J+ IT_ �'4WT'.,' M4 y'S�_rl rj i u 1 1�7, tFr ian :and oih r app4iCabla doct+merttZr a y lY a m l��1AwiH"t�! Heise, odor, dust, arnoice, and [rthc:v .factors can -- 0 ent of Coinrneroiml Ccsre- 1 Omlrict- (C}rd. 16(1975) 3 4) eca,•- 911 pr0po =.cs0 recyuest vvill t , e nc necj *tive imp- .01-1 tti�h1 ;Jas4rilaocl + �� ' .' 1 n h'w'.::�i �n'n : y N �. 1cVy •.M: � , �i} ` ��!`ry!!r,�' ^ J'•: +� �}R +Ai_r`.4ar+r r !! D ' V ° l��!`r4��� `^ r:11�I V S�4��lf� t y i i�f :►?ier..n �.., tY.. •_.;V +. s Vr, �.4;t s_ €'.:.�..5_:_I '�.f n. . .. r`. ._ _. r¢.1'��V..S.,N!i1�.8:. I!..i4"r J. ..„ ���r�v w i(Vr�r V V +' '� "r r `.`r'�^,;d.L.ft'F � .. V tr 1 i,t ? r . ..• � rr ee -gin e �•,A % ,',t1y?�r� i s taff believes the p roposed req ,•_p_ _P ose _ � t will have minimal ;pacts on the above described criteria. aality of construction, architectural design, and design in Commercial Core 1 District so as to existing character of the area. is the proposed request will have no negative impacts on escribed criteria. All exterior changes will be reviewed by Review Board and will be required to adhere to the Vail - .er Plan and other applicable documents. noise, odor, dust, smoke, and other factors on the nt of Commercial Core 1 District. (Ord. 116(1975) § 4) t'`/es the proposed request will have no negative impacts I described criteria. 10 1Ce cif thFr. various Fgrnmerc ial',. residential, anal pU'tiic 7ma•rierciai Core - 1 Cistrict so as tc3 rnaintain thet �exiE.G g of the area.. _ - _ 0 B. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Commercial Core 1 zone district. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. IX. STAFF RECOMMENDATION The Community Development Department recommends approval of a conditional use permit, to allow for the elimination of a dwelling unit, located at 193 Gore Creek Drive /Lot A, Block 5 -B, Vail Village 1' Filing. Staff's recommendation is based upon the review of the criteria in Section Vill of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the proposed location of the use is in accordance with the - purposes of the conditional use permit section of the zoning code and the purposes of the Commercial Core 1 zone district. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the following conditions: 1. The applicant shall submit a plan to address the violations identified in the March 20, 2002 letter from the Town of Vail Fire Department. The remedy for addressing the violations must be approved by staff prior to the issuance of a building permit for the unit 3 consolidation and remodel. U 11 L X. ATTACHMENTS A. Vicinity Map B. Floor Plan and Elevation C. Fire Department fetter Dated March 20, 2000 D. Staff Report and Minutes from March Environmental Commission meeting. E. Publication Notice and Affidavit of Publication 23, 1998 Planning and • 9 12 DRAFT- NOT FOR ,ONSTRUC TION UNIT 5 - EXISTING FLOOR PLAN Werr DaI g ns III IAMI RM o 1Lr -t0/ IDIIAM CNaRM ILM FI: ITD101AM 11L I7/.711=[ n cMpM Gpts,= 1 IRS WL I I 1 1721513 1011 P ELP I SLI FER GORE CRFty D1 n7n c1 III r)ipor I I"ICT #3 Attachment: B MM INI IMn „: 117 00,10 K: fl S-tE ID 2.1 DRAFT- NOT FOR CONSTRUCTION r 3 - PROPOSED FLOOR PLA I� .2.2/8„ _ I , © ,. HOPE 50LI® HATGHEp WALL INDICATE EXISTING WALL5 - NOT REMOOVE9 tea/ L I F E I eam elk tare neamt I mess GRI e'nClb stn atoll anger amn c -10n rn'&'W. PNl etOMMI 'MmeDe5lGNa Q" me N nw $rant R: AU taamar: w ID sncfr 2.2 GORE CREEK PLAZA BUILUMS, UNIT #3 VAIL, COLORADO DRAFT- NOT FOR GONSTR.UGTION PENTHOUSE - EXISTINO FLOOR PLAN (DECK) 0 RIs■m.loal sum C -1f0 wimm CO1Gi m f llm �o.fw,fff ru 09@.fff 73Y mwrt>�ICw.ar 5LI FER GORE CREEK PLAZA BUILDING, PENTHOUSE. VAIL, COLORADO 1w w fua ww n: ur ws�n n: w smkE I 2.3 GRAFT -- NOT FOR GONSTRUGTION ORI61 WV PENTHOUSE - PROPOSED FLOOR PLAN (DECK) us MAIM Sam 6Q1R C -!ea TLFms [tllW+ea ales m amaze eme Fa lId.5M.5$I mmmL1u S GORE CREEK PLAZA BUILDING. PENTHOUSE VAIL, COLORADO I erewM w I ID 2.4 00 S GORE CREEK PLAZA BUILDING. PENTHOUSE VAIL, COLORADO I erewM w I ID 2.4 u I EXISTIN6 ROOF 17 -- 74 NNI V PRV FL.O R __J 2ND P Lcvq e��EXI57INO EAST ELEVATION 4TH T ITN wy PROPOSED DEC< EXENTSION RAIL1N5 TO MATCH EX15T1N6 — F ���!ll...... �12 7 a PROP05ED E6RE55 H NDOW TO MATCH EXISTING WINDOWS WINC L —L J EXISTING WEST ELEVATION Slifer CDesi m S :ie vo m= 3m c-100 t"Am cKak= Y1YY PH: Fm.1m.1m YtY�U1gtlflGlp.COY >ooma CRAFT- NOT FOR C,0N5TRUC,TioN "'05ED DECK EXENT51ON TO MATCH J:XI5TrN6 — ' c — RAILIN5 I MENTHOUSQ 7W) F JOR �14 , u I EXISTIN6 ROOF 17 -- 74 NNI V PRV FL.O R __J 2ND P Lcvq e��EXI57INO EAST ELEVATION 4TH T ITN wy PROPOSED DEC< EXENTSION RAIL1N5 TO MATCH EX15T1N6 — F ���!ll...... �12 7 a PROP05ED E6RE55 H NDOW TO MATCH EXISTING WINDOWS WINC L —L J EXISTING WEST ELEVATION Slifer CDesi m S :ie vo m= 3m c-100 t"Am cKak= Y1YY PH: Fm.1m.1m YtY�U1gtlflGlp.COY FW $HIFf ICS 3.1 5L.I FER GORE CREEK PLAZA BUILDING, PENTHOUSE/ UNIT j VAIL, COLORADO >ooma o FW $HIFf ICS 3.1 5L.I FER GORE CREEK PLAZA BUILDING, PENTHOUSE/ UNIT j VAIL, COLORADO DRAFT- NOT FOR GONSTRUGTION t art+ Moox knee POOR TO POIN MATCH EXI5ITN5 :K 1NIHIDOWS 5RD FLOC)R WNIT 31 0 EXI5TINO NORTH ELEVATION Slifer Desi b 216 mm SHM SVIIL 4-IOb WlA2 [olnYaED rli �A SID➢.5721 tY1f of Iwonrcr ll4.COM 5L 9 FER GORE C REEK PLAZA BUILDING. PENTHOUSE/ UNIT 3 VAIL, COLORADO m m amo 1141 m" n: u, at= Br: a ID SHEET 3. 5L 9 FER GORE C REEK PLAZA BUILDING. PENTHOUSE/ UNIT 3 VAIL, COLORADO m m 1141 m" n: u, at= Br: a ID SHEET 3. 1A 0 Vail Fire & Emergency Services 42 West Meadow Drive Vail, Colorado 81657 970- 479 -2250 March 20, 2002 Gore Creek Plaza Condominium Association C ✓o Slifer Management 143 East Meadow Drive Vail, Colorado 81657 Re: Gore Creek Plaza Dear Gore Creek Plaza Condominium Association; It has come to our attention through various building permit applications andphysieal inspections, the Gore Creek Plaza building, 193 Gore Creek Drive, Vail, Eagle County, Colorado, 81657, has numerous code violations in need of abatement. The code issues have been evaluated and been found to be in violation of current code and are not subject to any "grandfather "provision. Many of the issues identified are long standing violations. The current use(s) within the building, the frequency of use, proximity to adjacent buildings, building height, and condition of the building and associated building features, in the aggregate, presents a life safety risk to the occupants. Specific issues include but are not limited to: 1. The building has been determined to be of ordinary combustible construction. Building height,for ordinary construction is limited to three stories. The Gore Creek Plaza Building has four stories. The only provision in current and past building and fire codes to allow four stories of combustible construction is to have a code compliant fire sprinkler system installed. 2. Exiting capacity from upper floors is limited to a spiral staircase. The occupant load is significantly limited where spiral staircases are used as a means of egress. The existing egress pattern from the north side of the building is in need of evaluation. 3. The existing interior staircase has a combustible fuel load in excess of maximum flame spread and smoke contribution as prescribed under current codes. Interior stairways are limited to materials with a Class A flame spread. C] Attachment: C Gore Creek Plaza Building Page 2 There is a non fire rated utility shaft that appears to run from the basement through the upper floors. This shaft has plywood doors, is open to interior combustible woodframing, and contains telephone and some electrical wiring. This shaft should be fire rated to prevent flame spread from floor to floor and to the interior walls. S. There is a slip joint cast pipe in the southwest corner of the floor of the boiler room. The top two inches of the pipe are exposed to atmosphere. The concern is the pipe does not have sufficient cover to prevent possible slippage or prevent freezing. The water entry station is in need of backflow prevention to comply with state water quality control regulations. b. The elevator should have recall capacity in accordance with ANSI standards. It is unclear the current elevator control circuits have such capability. We have seen a significant trend towards improving Vail's ability to provide world class service and amenities. We would entertain a reasonable plait to address the identified issues. Under the Town of Vail Municipal Code, title 10, Sections 10 -1 -1 through 10-1-4, the appendix of the Uniform Fire Code and Uniform Building Code contain provisions to address existing buildings. The code allows all 18 -month period from date of notification to provide plans and an I8 -month period thereafter to complete abatement procedures. The most successful projects have been those in which the building owners) or associations) engaged the assistance of a design professional (or team) such as a licensed architect andlor aft-re protection 10 engineer. The design team can lend assistance towards identification of alternate materials and methods, scope and sequence, value engineering, design parameters, and related elements Please consider this letter to be the initial notification. Ifyou wish to discuss this matter in more detail, please contact this office and we can arrange a suitable time and location. Sincerely, Michael McGee Deputy Chief /Fire Marshal cc: John Gulick, Fire Chief Lt Mike Vaughan, Fire Prevention Officer Charlie Davis, Building Department • MEMORANDUM 0 TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 23, 1998 SUBJECT:, A request for a Conditional Use Permit, a Minor CC1 Exterior Alteration, a building height variance and a site coverage variance, to allow for a bay addition'to the - penthouse unit and to eliminate a dwelling unit, located at 193 Gore Creek Drive /Lot A, Block 5 -B, Vail Village 1st Filing, Applicant: Rodney & Beth Slifer, represented by Jim Buckner Planner: George Ruther DESCRIPTION OF THE REQUESTS The applicants, Rodney and Beth Slifer, represented by Jim Buckner of Slifer Designs, are requesting a conditional use permit to allow for the elimination of a dwelling unit located in the Gore Creek Plaza Building at 193 Gore Creek Drive. The applicants are proposing to eliminate Unit #2 in the Gore Creek Plaza Condominiums. The elimination will be accomplished by connecting Unit #2 with the penthouse unit above. The 1 0 proposed connection will be accommodated by constructing an interior stairway connecting the two units. Pursuant to Section 12 -7b -5b (Permitted and conditional uses; above 2nd floor): the following uses shall be permitted on any floor above the 2nd floor above grade subject to the issuance of a conditional use permit. "Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit." The applicants had originally proposed a minor CC1 exterior alteration, a building height variance and a site coverage variance to allow for the construction of a bay addition onto the western side of the penthouse unit. However, upon staff's review of the Town's files, it was determined that no GRFA remains available for this property. Since no GRFA remains available, the applicants have withdrawn their requests for the minor CC1 exterior alteration, the height and the site coverage variance at this time. Therefore, the staff will not be reviewing the minor exterior alteration or either of the variances as part of this request. BACKGROUND In reviewing this conditional use permit request, staff relied upon the goals, policies and objectives outlined in the various Town of Vail planning documents. The following is a summary of staff's review of the Town's planning documents. i f:leveryonelpeclmemos1981sfifer .323 1 TOWN *VAIL Attachment: D Municipal bode According to Section 12 -78 -1, the purpose of the Commercial Core 1 Zone District is intended to: "provide sites and to maintain a unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominately pedestrian environment. The Commercial Core 1 district is intended to insure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The district regulations, in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribed site development standards that are intended to insure the maintenance and preservation of the tightly clustered arrangements of buildings frontirig on pedestrian ways and public greenways, and to insure the continuation of the building scale and architectural qualities that distinguish the Village." Vail Land Use Plan 11 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan, 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 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. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. Vail Village Master Plan Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.2 Objective. Encourage the upgrading and redevelopment of residential and commercial facilities. III. CONDITIONAL USE PERMIT CONSIDERATION CRITERIA AND FINDINGS In accordance with Chapter 16 of the Municipal Code, an application for a conditional use permit within Commercial Core 1, the following development factors shall be applicable: 2 1. Relationship and impact of the use on development objectives of the Town.. 0 Staff believes the applicants request to eliminate a dwelling unit in the Gore Creek Plaza Building will have minimal negative impacts on the development objectives of the Town. Staff does recognize however, that one of the primary objectives of the Commercial Core 1 Zone District is to provide an ample bedbase to support the commercial uses located in Vail Village. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Staff believes the proposed elimination of the dwelling unit will have minimal negative impacts on the above described criteria. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. Staff believes the proposed elimination of the dwelling unit will have no negative impacts on the above described criteria. d. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. No exterior changes are proposed with this request. Therefore, staff believes there will be no negative impacts on the above described criteria_ 5. Affects of vehicular traffic on the Commercial Core 1 Zone District. The elimination of one dwelling unit could potentially reduce the numbers of vehicle trips into Commercial Core 1 and the Parking Structure beneath the Gore Creek Plaza Building. Therefore, the affects of the request upon vehicular traffic in Commercial Core 1 are positive. Reduction of vehicular traffic in the Commercial Core 1 Zone District. Similar to the previously described criteria, staff believes the elimination of one dwelling unit could have a positive impact upon the reduction of vehicular traffic in Commercial Core 1. Staff, however, recognizes that the reduction would most likely be negligible. 7. Reduction of non - essential off - street parking. Staff believes the proposed elimination of one dwelling unit will have no negative impacts on the above described criteria. I* 8. Control of delivery, pick -up, and service vehicles. Staff believes the proposed request will have minimal, if any, negative impacts on 9 P the above described criteria. 9. Development of public spaces for use by pedestrians. Staff believes the proposed request will have no negative impacts on the above described criteria. 10. Continuance of the various commercial, residential and public uses in the Commercial Core 1 Zone District, so as to maintain the existing character of the area. Staff believes the proposed request will have minimal negative impacts on the above described criteria. 11. Control quality of construction, architectural design, and landscape design in Commercial Core 1 Zone District, so as to maintain the existing character of the area. Staff believes the proposed request will have no negative impacts on the above described criteria. 12. Affects of noise, odor, dust, smoke and other factors on the environment of the Commercial Core 1 Zone District. Staff believes the proposed request will have no negative impacts on the above described criteria. The Plannin g and Environmental Commission shall make the followin findings before granting a conditional use permit: That the proposed location of the use is in accordance with the purposes of this Title and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. That the proposed use will comply with each of the applicable provisions of this Title. IV. STAFF RECOMMENDATION The Community Development Department recommends approval of the applicant's request for a conditional use permit to allow for the elimination and subsequent connection of two dwelling units within the Gore Creek Plaza Building, located at 193 Gore Creek Drive. Staff's recommendation of approval is based upon our review of the criteria outlined in Section III of this memorandum. Staff recommends that should the Planning and Environmental Commission choose to grant an approval of this request, that the following findings be made: 4 That the proposed elimination of the dwelling unit is in accordance with the purpose section of the Commercial Core 1 Zone District. 0 2. That the proposed iocation of the dwelling unit to be eliminated will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity of the Gore Creek Plaza Building. 3. That the proposed elimination of the dwelling unit complies with each of the applicable provisions of the Municipal Code. I* 0 Greg Moffet asked if the applicant had anything to add. They did not. John Schofield disclosed that he had a business relationship with the owner, but that it wouldn't influence him. Greg Amsden had no comments. Galen Aasland stated the unique nature of this lot constituted a hardship. Diane Golden had no comments_ Greg Moffet agreed with Galen's comments. Greg Amsden made a motion for approval. John Schofield seconded the motion. The motion passed by a vote of 5 -0. 5. A request for a Conditional Use Permit, a Minor CC1 Exterior Alteration, a building height variance and a site coverage variance, to allow for a bay addition and to eliminate a dwelling unit, located at 193 Gore Creek Drive /Lot A, Block 5 -8, Vail Village 1st Filing. Applicant: Rodney & Beth Slifer, represented by Jim Buckner Planner: George Ruther George Ruther gave an overview of the staff memo. Greg Moffet asked if the applicant had anything to add. Galen Aasland stated the request was in accordance with the current zoning. Diane Golden had no comments. John Schofield had no comments. Greg Amsden had no comments. Greg Moffet agreed that it was in accordance with the current zoning. John Schofield made a motion for approval for the conditional use permit only, as the applicant had withdrawn the minor CC1 exterior alteration, the building height variance and the site coverage variance, Galen Aasland seconded the motion. The motion passed by a vote of 5 -0. Planning and Environmental Commission Minutes March 23, 1998 8 1W THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12 -3 -6 of the Vail Town Code on March 10, 2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: An request for a final review of a Conditional Use Permit pursuant to Section 12 -78 -5, Permitted and Conditional Uses; Above Second Floor, Vail Town Code, to allow for the elimination of an existing dwelling unit in the Gore Creek Plaza Building, located at 193 Gore Creek Dr,1 Gore Creek 1 61 Condominiums, Block 5B, Vail Village First Filing. Applicant: - Rod and Beth Slifer Planner: Warren Campbell A request for a final review of a recommendation to the Vail Town Council of a proposed amendment to the Vail Land Use Plan; a request for a final review of a recommendation to the Vail Town Council of a proposed amendment to the Vail Village Master Plan; a request for a final review of a recommendation to the Vail Town Council of a text amendment to the Vail Town Code, Title 12, Zoning Regulations, to allow forthe creation of a new zone district, Ski Base Recreation 2; and a request for a worksession to discuss the following applications: a recommendation to the Vail Town Council of a text amendment to Section 12- 713-13, Density Control, Zoning Regulations; 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 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 minor subdivision, pursuant to Title 13, Subdivision Regulations, Vail Town Code, to allow for the relocation of the common property line between Lots P3 & J, Block 5A, Vail Village 5 1h Filing; a request for a recommendation to the Vail Town Code 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 Town 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 th Filing; a request for an exterior alteration or modification, pursuant to Section 12 -713-7, 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 %; 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 Jay Peterson Planner: George Ruther A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 37, pursuant to Section 12 -9A -6, Development Plan, Vail Town Code, to allow for the redevelopment of the Tivoli Lodge, located at 386 Hanson Ranch Road /Lot E, Block 2, Vail Village 5 th Filing, Applicant: Robert & Diane Lazier Planner: George Ruther • 0 TOtY]V OF MIL Attachment: E 1 4 I s i , - Bob Fritch Sltzmark Hotel 123 Gore Creek Drive Vail, CO 81657 Charlie Viola Lodge at Vail 174 Gore Creek Vail, CO "8h57 Steve McDonald Bell Tower Condominium Association 143 E. Meadow Drive Vail, CO 81657 Tom Carpenter Village Center Condominium Association 124 Willow Bridge Road Vail, CO 81657 • 0 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 10, 2003 SUBJECT: A request for a final review of a recommendation to the Vail Town Council of a proposed amendment to the Vail Land Use Plan; a request for a final review of a recommendation to the Vail Town Council of a proposed amendment to the Vail Village Master Plan; a request for a final review of 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, Ski Base Recreation 2; and a request for a worksession to discuss the following applications: a recommendation to the Vail Town Council of a text amendment to Section 12- 7B -13, Density Control, Zoning Regulations; 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 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 minor subdivision, pursuant to Title 13, Subdivision Regulations, Vail Town Code, 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 Vail Town Code 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 Town 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' Filing; a request for an exterior alteration or modification, pursuant to Section 12 -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 %; 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 Jay Peterson Planner: George Ruther 40 SUMMARY 011 The applicant, Vail Resorts Development Company, represented by Jay Peterson, has requested a public hearing with the Planning & Environmental Commission to present proposed amendments to the Vail Land Use Plan and Vail Village Master Plan. The applicant has also requested a final review of a request to create a new zone district. 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 forwards a recommendation of the requests to the Vail Town Council. II. DESCRIPTION OF THE REQUEST The applicant, Vail Resorts Development Company (VRDC), represented by Jay Peterson, is requesting a final review of a recommendation to the Vail Town Council of a proposed amendment to the Vail Land Use Plan; a request for a final review of a recommendation to the Vail Town Council of a proposed amendment to the Vail Village Master Plan; a request for a final review of 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, Ski Base Recreation 2. A complete description of the proposal is outlined in Section of this memorandum. The staff and applicant are requesting that the Commission listen to a ,presentation on the proposed master plan amendments and the proposed new zone district establishment, and forward a recommendation on the proposals to the Vail Town Council. III. BACKGROUND On February 10, 2003, VRDC met with the Town of Vail Planning & Environmental Commission to present their plans for Vail'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 Vail's Front Door project. One of the first steps that must be completed in the development review process for Vail'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 10' worksession meeting focused on these applications. On February 24, 2003, VRDC met with the Town of Vail Planning and Environmental Commission. The discussion of the worksession meeting focused on the proposed amendments to the master plans and the creation of a new zone district. The questions and concerns raised by the Commission and the public at the meeting are addressed by the changes outlined in the March 10, 2003, staff memorandum to the Planning and Environmental Commission. A copy of the draft minutes from the February 24, 2003, Planning & Environmental Commission meeting have been attached for reference (attachment A). 0 IV. DISCUSSION ISSUES A. Applicant/Staff Response to Public /Commission Questions At the February 24` Planning & Environmental Commission worksession 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. Many 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 " Vail's Front Door Follow - up Questions from February 24 PEG Meeting" for responses to the questions (attachment B) V. PROPOSED MASTER PLAN AMENDMENTS To change the Master Plans it will be the responsibility of the applicant to clearly demonstrate 1) how conditions have changed since the Plans were adopted; 2) how the Plans are in error OR 3) how the addition, deletion, or change to the Plans are in concert with the Plans in general. 0 A. Vail Land Use /Vaii 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 Vail'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 -SB land use designation. 3. A map amendment to the Plan map to include Vail's Front Door development site into the boundaries of the map. The applicant is initiating three amendments to the Vail Village Master Plan. The amendments include: 1. A text amendment to the language describing the Ski Base /Recreation land use category. 2. Map amendments to the Vail Village Master Plan Illustrative Plans to include the development site of Vail's Front Door project. 3. A map amendment to add a new sub -area (Sub -Area #11, Vail's Front Door) to the Action Plan. The staff and applicant are proposing the following master plan text amendment language: Vail Land Use Flan Chapter 11, Section 1, paragraph 1.9, and Chapter VI, Section 2, Sub- section E, paragraph 4 — USFS Lands Existing National Forest land which is exchanged, sold, or otherwise falls into private ownership should remain open space and not be zoned for private development. Proposed 2124/03 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 in 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. Proposed 3/10/03 The existing conditions and use of National Forest Land which is exchanged, sold, or otherwise falls into private ownership should remain unchanged. A change in use and existing conditions may be considered if the change is deemed to be in substantial compliance with the planning documents that comprise Vail's comprehensive plan and that a compelling public interest can be achieved as a result of the proposed change. is and Chapter VIII, Section 2, paragraph E, Existing In the future, the Town may desire to annex National Forest lands for the purpose of recreational and /or 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 open space and not be zoned for private development. Proposed 2124/03 In the future, the Town may desire to annex National Forest lands for the purpose 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 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 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. Proposed 3/10103 In the future, the Town may desire to annex National Forest lands for the purpose of recreational and /or public facility development. This will involve close coordination with the Forest Service. The use and existing conditions of National Forest Land which is exchanged, sold, or otherwise falls into private ownership 4 should remain unchanged. A change in existing conditions and use may be considered if the change is deemed to be in substantial compliance with the planning documents that comprise Vail's comprehensive plan and that a compelling public interest can be achieved as a result of the proposed change. Chapter VI of the Vail Land Use Plan establishes a number of different land use categories, one of which is Ski Base — SB. The applicant is proposing to amend the definition of 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 land uses typically associated with ski base activities. The staff and applicant are proposing the following master plan text amendment language: SB- 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 mountain 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 trails, base facilities, public restrooms, ticket sales, p4vate clubs, ped a public plazas and - -p.g u ° open spaces, parking and loading /delivery facilities, and residential, retail, and restaurant uses. 40 Vail Villag 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 adjacent 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 for 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, p4vate clubs, p edest„an public plazas apd vepu , open spaces, parking and loading /delivery facilities, and residential, retail, and restaurant uses. Proposed Sub -Area #11 — Front Door The proposed language below has been written to be consistent in format and structure to the current 10 sub -area descriptions in the Vail Village Master Plan. FRONT DOOR SUB -AREA #11 0 The following 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 for development in this sub -area are as follows: • To provide for a year- round, world class guest experience at the interface between Vail Village and the ski mountain. • To 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 for new below -grade loading 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 (6 -10 dwelling units/acre) private medium density residential development. The Front Door Sub -area includes the following two Sub -Area Concepts. Refer to the amended Action Plan for a graphic depiction of these concepts. # 11 -1 Lodge Exchange Parcel Limited development of this site provides an opportunity to consolidate and/or remove existing uses and in doing so improve the visual quality of this area. Medium density residential development and associated uses respecting and complimenting the adjacent Lodge at Vail, Lodge Tower, and Vista Bahn ski yard 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, the Lodge at Vail, and surrounding commercial uses should be located below grade. A pedestrian /bicycle connection between Willow Circle/Vail Road and the Vista Bahn ski yard should be retained. Development of this sub- area will attract additional traffic and population to this area and may have significant impacts on sub area 1 -12 (Willow Circle). Special emphasis on 1.2, 1.3, 2.1, 2.6, 3.2, 5.1, 6.1 # 11 -2 The Vista Bahn Park 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). Opportunities exist to re -grade the ski yard to improve access and usefulness of the site. Existing modular ski storage structures in the ski yard should be replaced with new skier /guest service facilities to improve year -round use of the area and to encourage summer season usage. Special Emphasis on 1.2, 2.1, 2.4, 2.6, 3.3, 4.1, 4.2 0 Map Amendments To facilitate the proposed tent amendments to the master plans, amendments are needed to the master plans. The maps are intended to provide an illustrative depiction of the goals of the master plans. A copy of the proposed master plan map amendments has been attached for reference (attachment C). A complete justification of the proposed master plan amendments, `Nail's Front Door, Proposed Amendments to the Vail Land Use PlanfVail Village Master Plan' dated January 6, 2003, has been attached for reference (attachment E). VI. CREATION OF A NEW ZONE DISTRICT The applicant is proposing to establish a new zone district to facilitate the development of Vail's Front Door project. The staff and applicant are proposing the follow zone district language: Chapter 8 Open Space and Recreation Districts ARTICLE E. SKI BASE/RECREATION 2 (SBR2) DISTRICT 0 SECTION: 12 -8E -1: Purpose 12 -8E -2: Permitted Uses 12 -8E -3: Conditional Uses 12 -8E -4: Accessory Uses 12 -8E -5: Location of Business Activity 12 -8E -6: 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: Setbacks 12- 8E -12: Height 12- 8E -13: Density Control 7 12- 8E -14: Site Coverage i 12- 8E -15: Landscaping and Site Development 12- 8E -16: Parking Plan and Program 12- 8E -17: Mitigation of Development Impacts 12- 8E -18: Amendment Procedures 12- 8E -19: Time Requirements 12 -8E -1: PURPOSE: The Ski Base/Recreation 2 District is intended to provide sites for facilities, activities and uses necessary for and appurtenant to the operation of a ski mountain. A variety of other facilities, uses and activities, including but not limited to residential, lei4g4ffg, public and semi- public uses and special 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: PERMITTED USES: A. The following uses shall be permitted within the Ski Base/ Recreation 2 District: Ski base - oriented uses including the following: Ski trails Ski lifts and tows Ski racing facilities Snowmaking facilities • Skier and guest services including but not limited to uses such as rear commercial ski storage, basket rental, lockers, ski repair, ski rental, lift ticket sales, public restrooms, information/activity desk Ski school efflees, °A'°° facilities 11 1 Ski patrol e€ftses and facilities e.. + :.- .�...:.a .. «aR►�ca�si- r���.�r:arr�- rraaii� �. =ye ea:r� Retail stores and establishments Special community events, including but not limited to ski races, festivals, concerts, and recreational, cultural and educational programs and associated improvements /facilities, subject to the issuance of a Special Events Permit. 0 2. Eating and drinking establishments including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises Coffee shop Fountains and sandwich shops Restaurants eafetefias Cocktail lounges and bars 3. Residential Uses including the following: 0 TRTGI.TCi7'2ai tS9v uI27 "Cs Ci Fr-aefienal fee eWbs 0 Single - family residential dwelling units Two- family residential dwelling units Multi- family residential dwelling units Accommodation units 4. Private clubs 5. Private or public off - street vehicle parking structures 6. Private or public off - street loading facilities 7. Public parks and outdoor recreation facilities 8. • 12 -8E -3: CONDITIONAL USES. The following conditional uses shall be permitted in the Ski Base /Recreation 2 District, subject to the issuance of conditional use permit in accordance with the provisions of Chapter 16 of this Title: 1. Ghw ehft 2. Public utility and public service uses 3. Type TTl employee housing units as provided in chapter 13 of this title 4. der- steres 5. Brew pubs b. 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. 7. Fractional fee units E 0 12 -8E -4: ACCESSORY USES: The following accessory uses shall be permitted in the Ski Base/Recreation 2 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. Outdoor dining decks and patios Ski school offices, sales, and activities Ski patrol offices Skier and guest service employee offices, locker rooms, and meeting rooms 12 -8E -5: LOCATION OF BUSINESS ACTIVITY: G A. Limitations; Exception: All offices, retail sales, and commercial ski storage conducted in the Ski Base/Recreation 2 (SBR2) district shall be operated and conducted entirely within a building, except for approved special community events, outdoor display of goods, and outdoor restaurant seating. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display, 12 -8E -6: DEVELOPMENT PLAN: A. Development Plan Required 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 11 development plan shall be approved by the Planning and Environmental Commission. Development standards including setbacks, site coverage, landscaping, density (GRFA) and parking shall be determined by the Planning and Environmental Commission as part of the approved development plan. This determination is to be made based on the proposed development plan's compliance with the design criteria outlined in Section 12- 8E -9 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 or authorized representative. The application shall be made on a farm 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 -8 A. of this Article and a development plan as outlined in Section 12- 8E-6 C. of this Article. C. Contents . The development plan shall be comprised of materials submitted in accordance with Section 12 -8E -8 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 to, the approved site plan, floor plans, building sections and elevations, vicinity plan, off - street parking /loading plan, off - site improvements plan, preliminary open space /landscape plan, densities and permitted, conditional and accessory uses. 12 -$E -7: DEVELOPMENT REVIEW PROCEDURES: 12 0 A. Pre - Application Conference Prior to submittal of a formal application for a development plan, the applicant shall hold a pre - application conference with the Department 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 Vail Comprehensive Plan, and the review procedure that will be followed for the application. B. PEC Conducts Final Review The final review of a proposed development plan shall be by the Planning and Environmental Commission at either a regularly scheduled meeting or a special meeting. Prior to this meeting, and at the discretion of the Administrator, a worksession may be held with the applicant, staff and the Planning and Environmental Commission to discuss development plan. A report of the Department of Community Development staffs findings and recommendations shall be presented at a public hearing before the Planning and Environmental Commission. The Planning and Environmental Commission shall review the development plan in accordance with the provisions of Section 12 -8E -9 of this Article. 12 -8E -8: SUBMITTAL REQUIREMENTS: A. Information and Materials Required The Administrator shall establish the submittal requirements for an approved development plan application. Certain submittal requirements may be waived or modified by the Administrator or the Planning and Environmental Commission if it is demonstrated by the applicant that the information and materials required is not relevant to the proposed development or applicable to the planning documents that comprise Vail's comprehensive plan. A complete list of the submittal requirements shall be maintained by the Administrator and filed in the Department of Community Development. 13 i i M-M.-MIN OKI 7 b � .,trams h aid p pin sutt.�i ,,.i brats Y - "� .. ` 4. A complete set of plaiis depieting e�Eistifi plan floor p lans, yl�rYUL1V 1 b feeta- b , and pFopesed \�l�il lllly l\1Z41NJ•S�:i��\:��s��� •��t �l�' llavlLR VSastai�lf�i�fll�'l lZ9 �f- !1 /�I1 showin d of- All buildin t be included in then .al xle, chap. � „r di t.•; t s ..t v St- lutitr r. ,..1„Elo the t leea �7RTLai1�Y � uses t ti7 . ,z existin 5 , , 4. A complete set of plaiis depieting e�Eistifi plan floor p lans, yl�rYUL1V 1 b feeta- b , and pFopesed \�l�il lllly l\1Z41NJ•S�:i��\:��s��� •��t �l�' llavlLR VSastai�lf�i�fll�'l lZ9 �f- !1 /�I1 showin d of- All buildin at 9. Phote ever-lays r b a visual analysis 14 n , uses t ti7 9. Phote ever-lays r b a visual analysis 14 0 10. A fflassifig model depieting the pr develepn4eflt in r-olationship to deyelopmefit. mod' + 0 �6� + 50' than inch pafe 20 plan at a sGale not smaller- ene equals el izu az showin a - , fwapl walkway west of sout��° rrm.ln publie ., +r art , deGlinatie ._ and 4 .Tn a buildin 12. A impr-e;, 0 �6� + 50' than inch prepesed off site n _ 20 ' ) , plan at a sGale not smaller- ene equals el izu az showin a - , pedestfian walkway west of sout��° rrm.ln publie ., +r art , deGlinatie ._ and 4 .Tn a buildin 20' -. -fl OO i Development de�eFmines that tl:ie proposed addition has ne iffipaet on 01 ,. . spfi ng, I A 0 �6� + 50' `a i - - � ----ro lOiO(��A.M. :v . r — k'� �vi�c �v�crc el izu az 2.00 P 42' west of sout��° 3 Xinter- solstiee Skin Angle 20' deGlinatie a 20' -. -fl OO i -30' west of sout 14. in -�N Gh�ipter- 12 this Title, acGer-dance of unle • 15 15, Any additiefial infafmation OF fnatar-ial as deemed neeessar-5 by the Pir-eeter- a 0 12 -8E -9: 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 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. 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 10 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 development plan is proposed_ 0 16 WMW 12 MAIN MM MMMIM 12 -8E -9: 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 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. 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 10 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 development plan is proposed_ 0 16 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 of the 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 or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the development plan.. 12- 8E -10: LOT AREA: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable site 0 area. 12- 8E -11: SETBACKS: In the Ski Base/Recreation 2 District, front, side and rear setbacks shall be as indicated on the approved development plan. 12- 8E -12: HEIGHT: In the Ski Base/Recreation 2 District, building height shall be as indicated on the approved development plan. Al d e velopment s al .,^,mply w it the buildi h l- guidelines ��nd ie the Vail Village Master -Plan Geneep� Building Height P In no instance, however, shall the maximum building height exceed 43'. 12- 8E -13: DENSITY CONTROL (DWELLING UNITS PER ACRE /GRFA): Total density shall not exceed eight (8) dwelling units per acre of buildable site area. The total allowable Gross Residential Floor Area (GRFA) shall as indicated on the approved 0 development plan. 17 12- 8E -14: SITE COVERAGE: • In the Ski Base /Recreation 2 District, site coverage shall be as indicated on the approved development plan. 12- 8E -15: LANDSCAPING AND SITE DEVELOPMENT: In the Ski Base/Recreation 2 District, landscaping requirements shall be as indicated on the approved development plan. 12- 8E -16: PARKING /LOADING PLAN AND PROGRAM: Off - street parking and loading shall be provided in accordance with Chapter 10 of this Title. At least ene h�4 90% of the required parking shall be located within the main building or buildings. oa b t h e To g it i n rev e f 4evelepimeat plan The off - street parking and loading plan shall be indicated on and described in the approved development plan. 12- 8E -17: MITIGATION 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 may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Planning and Environmental Commission in review of development projects and conditional use permits. Substantial off-site impacts may include, but is not limited to, the following: deed - restricted employee housing, roadway improvements, pedestrian walkway improvements, loading/delivery, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large -scale redevelopment/development projects which produce substantial off -site impacts. 12- 8E -18: AMENDMENT PROCEDURES A. Minor Amendments: F 1. Minor amendments are modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved development plan, and are consistent with the design criteria of this Article, Minor amendments may include, but not be limited to, variations of not more than five 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 the development site; or changes to gross floor area of not more than five percent (5 %) of the approved square footage of residential floor area or retail, office, common areas and other nonresidential floor area. 2. Minor amendments consistent with the design eriteria outlined in Section 12 -8E -9 of this Article may be approved by the Department of Community Development. All minor 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. 3. 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 staff s decision on the requested amendment. 4. 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 Town Council as outlined in Section 12 -3 -3 of this Title. B. Major Amendments: 19 Major amendments are any proposal to change uses; increases to residential floor area greater than 5% of the approved square footage; increases to retail, office, or common floor area greater than 5 % of the approved square footage; increases or 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 -7 of this Article. All 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. Owners of all property requesting the amendment, or 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 proposed amendment (as determined by the Department of Community Development). Notification procedures shall be as outlined in subsection 12 -3 -6C of this Title. 12- 8E -19: 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 construction of subsequent phases within one year of the completion of the previous phase. B. Approval Voided: 20 0 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 following the procedures outlined in Section 12 -8E -7 of this Article. A complete justification for the proposed new zone district establishment, "W's Front Door, Proposed Ski Base /Recreation 2 Zone District & Proposed Amendment to Commercial Core 1 Zone District " dated January 6, 2003, has been attached for reference (attachment D). Vll. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental forwards a recommendation of approval of the proposed master plan amendments and the creation of a new zone district to the Vail Town Council. The staff's recommendation is based upon the review of the criteria outlined below: "To change the Master Plans it will be the responsibility of the applicant to clearly demonstrate 1) how conditions have changed since the Plans were adopted; 2) how the Plans are in error OR 3) how the addition, deletion, or change to the Plans are in concert with the Plans in general." Specifically, the staff finds that the conditions of the Town and Village have changed since the adoption of the master plans and that the proposed changes are in concert with the stated goals and objectives of the planning documents comprising Vail's Comprehensive Plan. Should the Planning and Environmental choose to forward a recommendation of approval to the Vail Town Council staff recommends that the following finding be made part of the motion: "The Planning and Environmental Commission finds that the conditions of the Town and Village have changed since the adoption of the Vail Land Use Plan and Vail Village Master Plan. Specifically, the Commission finds that both the adoption of the Vail Land Use Plan and Vail Village Master Plan preceded the adoption of the Comprehensive Open Lands Plan. Subsequent to the adoption of the Comprehensive Open Lands Plan a Land Ownership Adjustment Agreement was executed between the Town of Vail and the United States Forest Service which clearly states the Town's desired land use goals for Parcel C and Parcel 27 and how they are to be treated with regard to land exchange and annexation. Further, the proposed amendments are in concert with the plans in general as the amendments will help to articulate the land use goals of 21 Town and can be used to guide decision making around the states goals, objectives and policies outlined in the Vail Land Use Plan and Vail Village Master Plan." VIII. ATTACHMENTS A. Planning & Environmental Commission draft meeting minutes — February 24, 2003. B. "Vail's Front Door Follow -up Questions from February 24 I '' PEC Meeting" C, Master Plan map amendments D. "Vail's Front Door, Proposed Ski Base /Recreation 2 Zone District & Proposed Amendment to Commercial Core 1 Zone District " dated January 6, 2003. E. "Vail's Front Door, Proposed Amendments to the Vail Land Use Plan /Vail Village Master Plan " dated January 6, 2001 • PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING MINUTES Monday, February 24, 2003 PROJECT ORIENTATION I - Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT MEMBERS ABSENT Site Visits : 1:00 pm 1. Children's Garden of Learning 2. Sign Tour 3. Front Door Project DRAFT Driver: George W NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing - Town Council Chambers 2:00 pm 1. A request for a 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 das Schone 1� 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 Town Council of a proposed text amendment to Section 12 -10 -9: Loading Standards, Vail Town Code, to amend the requirement for 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 for a worksession to present "Vail'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 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 Attachment: A. *1 TOIY OF 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- 7B -13, Density Control, Zoning Regulations: a request for a minor subdivision, pursuant to Title 13, Subdivision Regulations, Vail Town Code, 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 Vail Town Code 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 Town 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 5th Filing; a request for an exterior alteration or modification, pursuant to Section 12 -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 % 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 Jay Peterson Planner. George Ruther George Ruther 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. Tom Braun stated that their plan was to do follow up to the previous meetings questions through written form and verb form. He hit on 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 11 Zone District and stated that the seven points were included with the staff report as a project. Jim Lamont asked for clarification regarding skier drop -off at other areas other than the ski club, i.e., check point Charlie. He also asked about support services for 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 Ruther then announced that the discussion would move on to the proposed amendments to the Vail Land Use Master Plan. George then went over 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, 0 Jim Lamont asked George Ruther 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 USFS land to be exchanged and annexed- 7 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 language which the Board requested. He said he liked the language for giving the option of approval based on several items such as pubic good, however, he was little uncomfortable with "compelling public interest" terminology and wouid like to see a definition. Jim Lamont stated that he also agreed that the language, "compelling public 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. 3 Erickson Shirley stated that this is the beginning of the mountain and the applicant should be aware that this area may look different than the rest of town. 0 Gary Hartman stated that these plans are conceptual and to let the zoning handle the specifics. Chas Bernhardt agreed with Gary. John Schofield agreed that the changes were correcting some errors and inconsistencies. There was a five minute break. The'dscussion moved onto the new zone district. George Ruther gave a presentation per the staff report. Jim Lamont asked about the time limitation restriction 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 along Bridge Street and how that would continue on 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 more 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 in 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 thought everything was straight forward and he would like to see as much underground parking as possible. He suggested moving 50% 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 on 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 carefu'i as this new zone district could be requested in other locations. He feels that the parking should be 100% underground, or otherwise approved by the PEC. Rollie Kjesbo thinks certain uses such as storage should be below grade. He thinks that there is currently a process for 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 some more 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 Kjesbo also asked about 40% grade not counting toward site area in terms of density. He also asked about the loading areas and their use for other private retail shops on Bridge Street. Jay Peterson stated that they intended to allow the bays for greater usage. 4 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 on top of the project. He said he feels that the language is similar to that in the General Use District and feels the proposed language in the new district should align with the GU language. He said he is comfortable ieaving 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 on 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 10, 2003. 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 Forrest/Matt Gennett MOTION: Chas Bernhardt SECOND: George Lamb VOTE: 7 -0 TABLED UNTIL MARCH 10, 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 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 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. 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 Road /Lot E, Block 2, Vail Village 5`' Filing, Applicant: Robert & Diane Lazier Planner: George Ruther TABLED UNTIL MARCH 10, 21003 7, Approval.of February 10, 2003 minutes Jay Peterson had a correction. Chas Bernhardt made a motion to approve the amended minutes. Rollie Kjesbo seconded the motion. The motion passed by a vote of 6 -0. S. 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 tabling of applications. Gary Hartman made a motion for approval. 0 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 planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479 -2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department r: 6 The meeting 0 Van's Front Door Follow -up Questions from February 24 t11 PEC Meeting The following is a brief summary of questions raised at the PEC's February 10 meeting: 1. Will there be a pedestrian connection between Vail Road and Vista Bahn Park? Y.es. There is currently an easement in place over the existing dirt road. The location of this easement will likely be modified in response to the re- alignment of this road. 2. Will there be a "formal" skier drop -off point on Vail Road (where people currently "informally /illegally drop off shiers? Current plans do not contemplate a formal drop -off in this area. This issue can be discussed with Town Staff as we begin detailed discussion of project design. 3. What type of support facilities will be included at Vista Bahn Park in order to handle community /special events? Given the fact that no specific program of events is proposed as a part of this application, specific "support facilities" (i.e. conduit for wiring, etc.), have not been included in proposed plans. The question raised is a good one, further evaluation will be made as design drawings are refined. 4. Does moving the Vista Bahn affect the use of the ABC Lot and the ski way the connects Gold Peak with the Village? The re- location of the Vista Baffin does not impact the ski way or ABC lot. 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Frontage Road Vail, CO 81657 Re: Proposed Ski Base/Recreation 2 Zone 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 Base/Recreation 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 Base/Recreation 2 Zone 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 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 C -209 Ph. - 970.926.7575 0105 Edwards Village Boulevard Fax - 970.926.7576 Post Office Box 2658 www.braunassociates.com Edwards, Colorado 81632 r1 L' • 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 Vail 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 Lionshead 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 to the review criteria used by the Town to evaluate code amendments. We 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. Sincer ly, Thomas A. Braun, AICP CC; Alex Iskenderian Jim Thompson Jack Hunn • 2 SKI BASEIRECREATION 2 DISTRICT January 6, 2002 12 -8E -1: PURPOSE: The Ski Base/Recreation 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. so 12 -8E -2: PERMITTED USES: A. The following uses shall be permitted within the Ski Base / Recreation 2 District: 1. Ski base - oriented uses including the following: 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, information/activity desk Ski school offices, sales and facilities Ski Base/Recreation 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 improvements/facilities 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 Multi- family dwelling units Accommodation units 4. Private clubs 5. Parking, including enclosed parking structures b. Public and private loading facilities Ski Base/Recreation 2 Zone District Amendment to Commercial Core 1 Zone District 2 7. Parks and outdoor recreation facilities is 8. Access roads 12 -8E -3: CONDITIONAL USES: 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 -8E -4: ACCESSORY USES: The following accessory uses shall be permitted in the Ski Base/Recreation 2 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. • Ski Base/Recreation 2 Zone District Amendment to Commercial Core 1 Zone District 3 • 12 -8E -5: DEVELOPMENT PLAN: A. Development Plan Required 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 -8E -8 of this Article. B. Application 40 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 or 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 Base/Recreation 2 Zone District Amendment to Commercial Core I Zone District 4 to, the approved site plan, floor plans, building sections and elevations, vicinity plan, parking 40 plan, preliminary open space/landscape plan, densities and permitted, conditional and accessory uses. 12 -5E -6: DEVELOPMENT REVIEW PROCEDURES: A. Pre- Application Conference Prior to submittal of a formal application for a development plan, the applicant shall hold a pre - application conference with the Department 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 for the application. B. PEC Conducts Initial Review The initial review of a proposed 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 of the Administrator, a work session may be held with the applicant, staff and 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 fonnal hearing before the Planning and Environmental Commission. A report of the Planning and Environmental 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 --16 -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. • Ski Base/Recreation 2 Zone District Amendment to Commercial Core 1 Zone District 5 0 12 -5E -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 modified is not applicable to the design criteria (Section 12 -8E -8 of this Article), or other practical solutions have been reached: L 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 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 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 (118" = 1') in sufficient detail to determine floor area, circulation, location of uses, and general scale and appearance of the proposed development. • Ski Base/Recreation 2 Zone District Amendment to Commercial Core 1 Zone District 6 8. A vicinity plan showing the proposed improvements in relation to all adjacent properties at a 0 scale not smaller than one inch equals fifty feet (1" = 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 development 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 -12 -3 of this Title. 13. Any additional information or material as deemed necessary by the Director of the is 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 for 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 0 Ski Base/Recreation 2 Zone District Amendment to Commercial Core I Zone District 0 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. 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 10 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 0 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 of the 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. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. 12 -5E -9: LOT AREA: 0 The minimum lot or site area shall be ten thousand (10,000) square feet of buildable site area. Ski Base/Recreation 2 Zone District Amendment to Commercial Core 1 Zone District • 12- 8D -10: SETBACKS: In the Ski Base/Recreation 2 District, front, side and rear setbacks shall be as indicated on the approved development plan. 12- 8D -11: HEIGHT: In the Ski Base/Recreation 2 District, building height shall be as indicated on the approved development plan. 12- 8D -12: DENSITY CONTROL: Total density shall not exceed eight (8) dwelling unit per acre of buildable site area. 12- 8D -13: SITE COVERAGE: In the Ski Base/Recreation 2 District, site coverage shall be as depicted on the approved development plan. 12- 8D -14: LANDSCAPING AND SITE DEVELOPMENT: 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. C • Ski Base/Recreation 2 Zone District Amendment to Commercial Core 1 Zone District 9 12 -8D -16 AMENDMENT PROCEDURES A. Minor Amendments: I . 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 Town 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 property requesting the amendment, or 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 Base/Recreation 2 Zone District Amendment to Commercial 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 -6C 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 construction of subsequent 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 following the procedures outlined in Section 12 -9A -4 of this Article. 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 Analysis: 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 find in the ski base area. The proposed zone 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 is 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 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 Town with a major redevelopment of Vail's front door. (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 Analysis: • The proposed zone district will be applied to land that is being annexed to the Town of Vail. The Zoning Regulations do not currently contain a zone district that addresses the Ski Base/Recreation 2 Zone District Amendment to Commercial Core 1 Zone District 12 existing and intended uses for a ski base facility. The proposed zone district will correct that condition. (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; Analysis: 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 find in the ski base area. The proposed zone 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 Vail. 0 Ski Base/Recreation 2 Zone District Amendment to Commercial Core 1 Zone District 13 PROPOSED TEXT AMENDMENT TO COMMERCIAL CORE I An amendment to add a new paragraph B. to Section 12 -7B -13 Existing Text- 12-711-13: DENSITY CONTROL: Unless otherwise provided in the Vail village urban design guide plan, not more than eighty (80) 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 a multiple- family building may include one attached accommodation unit no larger than one -third (113) of the total floor area of the dwelling. Proposed Amendment: 12- 713-13: DENSITY CONTROL: A. Unless otherwise provided in the Vail Village Urban Design Guide Plan, not more than eighty (80) 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 (2 5) 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 a multiple- family building may include one attached accommodation unit no larger than one -third (113) of the total floor area of the dwelling. (Note: Paragraph A. above is unchanged by this amendment) B. In 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 additional 2.5 dwelling units per acre of buildable site area beyond that density specified in 12 -78 -13 A. above, or the dwelling units existing on the 40 property as of January 1, 2003, whichever is greater. Ski Base/Recreation 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 B. above shall be reviewed in accordance with the provisions of Section 12 -713-7 concerning Exterior Alterations or Modifications. In addition to finding conformance with applicable review criteria established by Section 12- 713 -7, prior to approval of any proposal for additional density the Planning and Environmental Commission shall find the proposal conforms to the following criteria: 1. 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. • 0 Ski Base/Recreation 2 Zone District Amendment to Commercial Core l Zone District 15 0 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 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 Anal The proposed amendment the CC] zone district will specf cally further the goals of the zoning regulations and of the Towns 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 traffic, 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. (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 Mail comprehensive plan and is compatible with the development objectives of the town; and Analysis_ As stated above, the proposed text amendment will provide incentives to property owners to redevelop and revitalize the Vail Village core area. Other districts have been redrafted in the past several years to provide similar incentives to achieve the Town's redevelopment goals. The CC] zone district has not received the same sort of 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 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 U Ski Base/Recreation 2 Zone District Amendment to Commercial Core 1 Zone District 16 Analysis: Most of the development that has occurred in the CC] zone district occurred decades ago and the Vail Village is showing signs of distress and aging. The Town 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 Lionshead zone districts and more recently with the Public Accommodation zone district. This amendment will allow buildings within the CC] zone district to be redeveloped and thus recognize the change of conditions that have occurred over the years in Vail Village. The proposed amendment will help further the Town's stated goals of redeveloping the Vail Village. (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; Analysis: • The proposed amendment the CC] 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 traffic, 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 Base/Recreation 2 Zone District Amendment to Commercial Core 1 Zone District 17 VAIL'S DOOR VAU, r `' i G0! ;,,N .- - A4, Proposed Amendments, to. _. W . Va.i1 Land Use Plan .` Valk. Village Master Plan VA It Submittal To The Town of Vail Submitted by: VAIL RESORTS DEVELOPMENT COMPANY January 6, 2003 " - ._..... Attachment: E BAIIABRALIIN ASSOCIATES. NC. PLANNING and COMMUNITY DEVELOPMENT January, 2002 Mr. George Ruther Chief of Planning Department of Community Development Town of Vail 75 South Frontage Road 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 "Vail's Front Door" area of Vail Village in 1990. 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 16 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 current goals and development conditions of the Vail community. 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 proposed 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, Suite C -209 Ph. - 970.9267575 0105 Edwards Village Boulevard Fax - 970,926.7576 Post Office Box 2658 w vvw.braunassociates.com Edwards, Colorado 81632 Attached you will find our proposed amendments to the Vail Land Use Plan and the Vail Village Master 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. 5incer ly, Thomas A. Braun AICP cc: Jim Thompson Alex lskenderian Jack Hunn • r VAIL LAND USE PLAN/VAIL VILLAGE MASTER PLAN Proposed Amendments January 6, 2003 VAIL I:AND USE PLAN Chapter VI1I.3.C.2 of the Land Use Plan details the criteria by which a private - sector initiated plan amendment should be considered: To change the Plan by this procedure, it will be the responsibility of the applicant to clearly demonstrate 'how conditions have changed since the Plan was adopted, 2 how the Plan is in error or S how the addition, deletion or change to the Plan is in concert with the Plan in general. The following 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 proposed 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 Amendments/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 for private development. The existing language reads: A. Chapter I1, Section 1, paragraph 1.9; (this amendment would also apply to identical language found in Chapter VI, Section 2, Sub - section E, paragraph 4): 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. • 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 40 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 Plan/Vail Village Master Plan Proposed Amendments 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 of a 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 goal /policy statement makes no distinction as to the location, nature or ultimate Ilse 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 for 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 for the purposes of recreational and/or 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 zoning for private development may be considered in cases where said exchange land is located adjacent to existing town commercial /activity centers. Justification for Proposed 'next Amendments /USFS Land 0 + How conditions have changed since original plan adoption: Vail Land Use Plan/Vail Village Master Plan Proposed .Amendments Subsequent to the original adoption of the Land Use Plan, the Town of Vail and the USFS have entered into 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. In the future, both 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 Plan gives the Town a clear set of parameters to use in evaluating land exchanges and the fixture 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. How proposed change is in concert with the plan in general: The clear and consistent purpose and intent of the Land Use Plan 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 on site specific considerations, even if said parcels are the result of a past USFS land exchange. Proposed Text Amendments /Ski Base Land Use Designation Chapter VI — Proposed Land Use establishes a number of different 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 Base land use category to more accurately reflect the type and nature of land uses typically associated with this land use category. The existing language reads: Vail Land Use Plan/Vail 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 PIan applies the Ski Base land use designation to 86.3 acres of land. Specifically, these areas include the Vail Village and Golden Peak base areas, the Lionshead base area and the Cascade Village base area. As written, the range of uses and activities in the Ski Base category 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 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 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 appropriate 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 Amendment/Ski 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 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 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 for Ski Base allows for a broader range of uses and activities, all of which are consistent with any number of resort development/guest service oriented goals and policies of the Plan. • Vail Land Use Plan/Vail Village Master Plan 4 Proposed Amendments 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 will 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 to 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 VI — Illustrative Plans includes a variety of maps, each of which address different elements of the Village. One of these is the Proposed 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 Base/Recreation 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 to the Ski Base /Recreation land use designation. L ' Vail Land Use Plan/Vail Village Master Plan Proposed Amendments 0 Proposed text amendment: Ski BaselRecreation 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. 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 arses appropriate in the Ski BaselRecreation 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 Amendment -Ski BaselRecreation 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 Golden Peak base area. While Golden Peak i 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 for Ski BaselRecreation allows for a broader range of uses 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 VVMP: 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 10 different "sub areas ". Proposed modification to the Action Plan will add a new sub area for the "Front Door" area. The new Front Door 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 sub -area will also be slightly modified. Vail Land Use Plan/Vail Village Master Plan 6 Proposed Amendments r� Land Use Plan A minor amendment to the VVMP Land Use map is proposed in order to expand the existing Ski Base/Recreation ]and 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 of the 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. Open Space 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 Base/Recreation 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 Base/Recreation, and in doing so eliminate the inconsistency found between these two illustrative plans. Conte teal Building Height Plan Consistent with the goals of these master plan amendments and in keeping with the goal of implementing the Front Door 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). Justification 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 VVMP 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 PlanNail Village Master Plan 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. How 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 `efiminate 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 Door The proposed language below has been written to be consistent in format and structure to the current 14 sub -area descriptions in the Vail Village Master Plan. FRONT DOOR SUB- AREA 1#11� The following 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 a year- round, world class guest experience at the interface between Vail Village and the ski mountain. To 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 for new below -grade loading 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 Action Plan for a graphic depiction of these concepts. 0 Vail Land Use Plan/Vail Village Master Plan Proposed Amendments r: #11-1 Lodge Exchange Parcel Limited development of this site provides an opportunity to consolidate and/or remove existing uses and in doing so 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 placedl;elow grade throughout the parcel. To the extent feasible, service and delivery facilities, including existing service and delivery facilities for the Lodge Tower and the Lodge at Vail, should be located below grade. Pedestrian connection between Willow Circle/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 skier /guest service facilities to improve year -round functionality of the area and to encourage summer season usage. Justification for Proposed new Sub Area 411 -Front Boor 0 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 VVMP 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. The justification for proposed new Sub Area #11 is that conditions have changed since the original adoption of the VVMP. n • Vail Land Use Plan/Vail Village Master Plan 9 Proposed Amendments '#^rr�+b"a+���'• ` ��1 *-sir y ,:J -. a � �,�.4S.ti, � � '� ` �•� 1 u. 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",' r�,�.� ' � f f 1 ` r ' ! � 1 , � � � � i G r r J' + , f� �.4 ✓rr ✓� '4 -' j . e„�,�„ •` i • �r % t � / � f ! � � 'r r �rF.� Y ' /�'j' .�° �✓ .7'}' r /' x ` � �i� � F� d ! �c J ,1' � � ` l •'. ° r r s ' r r f � � z y �' r ,! f / y / {7 ,/f� r Y 4 S r! y ' .' 1r ;��+ ' C f;� ! {• .r r'` } -, ; r . �'�`,n, ' � I r i � � � t I : r " i / PIa a . �r,� � 1 . r 1M.�r •� ^ �"�r,= ',r+l"�'� ' '" / ` 7 ,J o .. 4 1 # ; r 1 y r . ot r', Ar X rlr � .� f -` � � � , � � � ,• � ,� is • 2 W Z co n- r w V z a ey { E c- W (`Q t� W / N O O + > 0— e 0 i MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: March 10, 2009 SUBJECT:. A request for a final recommendation of a major amendment to Special Development District No. 6, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for a change to the existing conditions of approval (Ordinance No. 21, Series of 2000), located at 100 East Meadow Drive /Lots M, N, & O, Block 6 -D, Vail Village First Filing. Applicant: Waldir Prado, Daymer Corporation Planner: George Ruther I. SUMMARY The applicant, Waldir Prado, is requesting a major amendment to Special Development District No. 6, Vail Village Inn, to allow for an amendment to Section 6 of Ordinance No. 21, Series of 2001. The staff is recommending approval of the applicant's request with a modification to the expiration date. Staff recommends that the date be modified to comply with the three -year time limitation prescribed in the Vail Town Code from the date of the approval of Ordinance No. 21, Series of 2001. To go beyond three years from the date of approval may result in a grant of special privilege. 11. DESCRIPTION OF THE REQUEST The applicant, Waldir Prado, is requesting a major amendment to Special Development District No. 6, Vail Village Inn, to allow for an amendment to Section 6 of Ordinance No. 21, Series of 2001. According to Section 6, Approval Expiration. Time Limitations of Ordinance 21, Series of 2001, 'The Developer must begin initial construction of the special development district by no later than May 1, 2003, and continue diligently toward the completion of the project if the Developer does not begin initial construction and diligently work toward the completion of the special development district within the time limit imposed above, the approval of said special development district shall become null and void. " The applicant is requesting that the expiration date of the approval be amended to May 2, 2005. The applicant contends that due to claims and litigation brought against Daymer Corporation and the Town of Vail, he has been unable to begin initial construction and continue diligently toward the completion or the hotel project and that failure to amend the expiration date unfairly limits his ability to act upon the Town's approval. 0 III. BACKGROUND 0 The original approval of the request for a major amendment to Special Development District No. 6, Vail Village Inn, occurred pursuant to Ordinance No. 1, Series of 2000, dated January 18, 2000. The expiration date of Ordinance No. 1 was January 18, 2003 Ordinance No. 4, Series of 2000, repealed Ordinance No. 1 and adopted a revised approved development plan for Special Development District No. 6. The expiration date of Ordinance No. 4 was May 2, 2003 Ordinance No. 21, Series of 2001 was approved to adopt a revised development plan for special development district No. 6, Vail Village Inn, to allow for the construction of the Vail Plaza Hotel. The purpose of the ordinance, in part, was to respond to an alleged error in public notification of a previously held public hearing on Ordinances No. 1 and 4, Series of 2000. Ordinance No. 21 was approved upon second reading on September 4, 2001. The approved expiration date of the ordinance is May 1, 2003. This date was selected to remain consistent with the expiration date of Ordinance No. 4, Series of 2000. IV. THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW PROCESS Chapter 12 -9, Vail Town Code, provides for the amendment of existing Special Development Districts in the Town of Vail. According to Section 12 -9A -1, Vail Town Code, the purpose of a Special Development District is as follows: "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. " An approved development plan is the principal document in guiding the development, uses, and activities of the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations; vicinity plan; parking plan; preliminary open space /landscape plan; densities; and permitted, conditional, and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Special Development District, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Town Code provides nine design criteria that shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. V. CRITERIA FOR REVIEW A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. No changes to the approval are proposed. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. No changes to the approval are proposed. C. Compliance with parking and loading requirements as outlined in Chapter 12 -10 of the Vail Town Code. No changes to the approval are proposed. is D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. No changes to the approval are proposed. E. Identification and mitigation of natural and /or geologic hazards that affect the property on which the special development district is proposed. No changes to the approval are proposed. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. No changes to the approval are proposed. G. A circulation system designed for both vehicles and pedestrians addressing on and off -site traffic circulation. No changes to the approval are proposed. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. No changes to the approval are proposed. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The approved phasing plan would have permitted the applicant to begin initial construction by May 1, 2003. However, procedural due process claims and litigation against the Daymer Corporation and the Town of Vail prevented the applicant from acting diligently upon the approval. Even had the applicant acted upon the approval and continued forward in spite of the pending litigation the Community Development Department would likely not have been able to issue permits for demolish and construction due to the pending litigation. At this time, the plaintiff in the case, Charles Lipcon, has filed a Notice of Appeal with the Court of Appeals expressing his intent to appeal the decisions of the lower court. As only a notice has been filed, it remains unclear as to which of the decisions is being appealed. VI. STAFF RECOMMENDATION f�J The Community Development Department recommends that the Planning & Environmental Commission forward a recommendation of approval with modifications to the Vail Town Council of the proposed major amendment to Special Development District No. 6, pursuant to Section 12- OA -10, Amendment Procedures, Vail Town Code, to allow for a change to the existing conditions of approval (Ordinance No. 21, Series of 2000), located at 100 East Meadow Drive /Lots M, N, & O, Block 5 -D, Vail Village First Filing. The Staff's recommendation of approval is based upon the review of the criteria outlined in Section V of this memorandum and the evidence presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval of this request, staff recommends the following condition be made as part of a motion: 1. That Section 6, Approval Expiration; Time Limitations of Ordinance No. 21, Series of 2001, be amended to read, "The Developer must begin initial construction of the special development districtby no later than September 4, 2004, and continue diligently toward the completion of the project. If the Developer does not begin initial construction and diligently work toward the completion of the special development district within the time limit imposed above, the approval of said special development district shall become null and void. , prior to first reading of an amending ordinance before the Vail Town Council. Should the Planning and Environmental Commission choose to forward a recommendation of approval of this request, staff recommends the following finding be made as part of a motion: That the applicant has demonstrated compliance with the following standards or has demonstrated that one or more of them is not applicable: 0 4 E 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 10, Vail Town Code. 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 of the community. 0 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. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. V11. ATTACHMENTS A. A letter from Connie Dorsey /Daymer Corp to George Ruther, dated February 4, 2003. is 5 DAYMER CORPORATION, N.V. 100 East Meadow Drive, Vail CO 81657 (phone) 970,476.5622, (facsimile) 970.476.4661, (email) vvi ail.uet Memorandum DATE: February 04, 2003 TO: George Ruther FROM: Connie Dorsey/Daymer Corp SUBJECT: Request for a meeting before the Vail Town Council and a request for an amendment to Ordinance 94 Series of 2000 I understand that Daymer Corporation is on the Vail Town Council's agenda for the evening of February 18"'. Daymer Corporation, N.V. will be represented by Mr. Waldir R. Prado its principal. At your request this memo is to serve as Daymer Corporation's request to appear before the Vail Town Council for the purpose of obtaining an amendment to Ordinance #4 Series of 2000 "Section 5 "(3) to read as follows: The developer must begin initial construction of the special development district no later than May 02, 2005, and continue diligently toward the completion of the project. Reason: The ongoing litigation has prevented Daymer Corporation from moving forward with the construction of the "Vail Plaza Hotel ". (please see the enclosures) Your help with this scheduling is very much appreciated. Thank you, Daymer Corpq& ion, N.V. encl. • To: Town of Vail Community Development Department Vail, CO Ref.: VAIL PLAZA HOTEL Redevelopment plans of the VVI Approved by Ordinance #27 /Series of 2007 of 04/Sept/01 Subject: Requests extension of the validity term of the above approval. Dear Sirs: In item 4 bellow we make the subjected Request with the Justification in item S. To help to visualize the whole picture we attach a SUMMARY of the events. 7 } - APPROVAL AND LAWSUIT MAIN EVENTS (from the attached SUMMARY). a) Jan/00 First approval. Mr. Lipcon files the lawsuit, causing the project to be stalled". b) Jan/02 Court rules that approval is correct and denies all Mr. Lipcon claims c) Feb. /02 Mr. Lipcon files "Notice of Intention to Appeal". Litigation is still open and the Project continues `stalled ". Using intense legal maneuverings, Mr. Lipcon is delaying the filing of his appeal. Finally, after our protests the Court of Appeal established Jan. 29103 as the deadline date for his filing. With the obvious intention to delay the decision for as long as he can, at the deadline date to file his Appeal, Mr. Lipcon filed a Motion asking for one more month time because, he alleges, he needs more time to study the process (which is ready at the Appeals Court since Feb. /02, about 7 year ago). So, up to today, the litigation continues open and the project continues "stalled". • 0 21 CURRENT APPROVAL WILL EXPIRE IN: MAY103. Mr. Upicon knows of this deadline date and is maneuvering to delay the Appeal's Court decision, therefore maintaining the project `stalled" for as long as he can. It looks like that Mr. Upcon wants to get rid of this development at any cost: a) by threatening Council members "I will take you all the way to the Supreme Court" he said In public audience. He already gave -up of this route, or b) through the Courts: either by a Court decision or via the delaying maneuvers until the existing approval expires. 3) - CURRENT DEVELOPMENT STATUS. a) - It is not Deveiope that the project is not built yet. The project is not built yet not because developer's fault. Ever since the first approval (Jan/2000) the developer never had a chance to build the project because of the unfortunate lawsuit. b) - Developer is the highest interested Pa to have the prolect built ASAP. We all want this roject built as soon as possible. p 1 l'� Particularly the developer himself, because: b.1 - Significant investment Is Idle and grows everyday: 8 years investing time, money and effort: We started in early 1995 (feasibility studies for redevelopment) closing on the acquisition in Nov. /96, all cash, with our own money, at full risk, counting on the approval of redevelopment plans. Financing for the acquisition was not an option because the them existing Vail Village Inn could not support it. After the VVI acquisition we had to buy out the existing long -term lease at the Craig Market and the existing condominium (Appolo penthouse). The currently existing leases are now on a month -to -month basis being, therefore, at very low rents. Only after these additional acquisitions we were free to prepare final plans for the development, which were first presented to the Council and PEC in April/98. It took 20 months to obtain the first approval, accommodating neighbors concerns, incorporating Staff, PEC and Council recommendations, etc. This investment is at full risk and the investment increases every day, counting on the redevelopment to make it worthwhile. b.2) The WI "as is" is a "money looser". Every week we have to bring in more money to keep it afloat. 4) - THE REQUEST To amend Ordinance #21 Series of 2001 to read: The developer must begin initial construction of the special development district no later than May 02, 2005, and continue diligently toward the completion of the project. 5 JUSTIFICATION. Al - Why 2 years extension ? it is the estimated time to have the lawsuit cleared and them obtain financing and prepare construction drawings to apply for the Building Permit and start construction. b) - It is the shortest route to have a 5 Stars Convention/Hotel built on this site A little of the Project Description, to refresh the memory: The approved VAIL PLAZA HOTEL East (VPH East) brings what the Town and the Community are anxiously looking for. It is a 5 Star Hotel/Convention designed to meet the requirements of First Grade Hotel Chains (Hyatt, Westin, Sheraton, Hilton and many others), The VPH East has all the amenities for a 5 stars hotellconvention, It also provides accommodations for 38 employees. If we let the existing approval die, then to proceed pursuing a hotel development on the site would require a decision (ourselves or someone else) to invest more time, effort and money to go through the uncertain process of a new approval in a site clouded by an unresolved lawsuit. How long that would take ? Difficult to predict; certainly more, or much more, than the 2 years extension now requested. We have to keep this approval alive until the time that the Courts definitively rules about this litigation and removes the cloud hanging over this site. 0 c) - It is fair c.1 - It is not Developer's fault that the project is not built yet. Ever since the first approval the developer never had a chance to build the project because of the unfortunate lawsuit. c .2_ - Developer made a signiflcant investment counting on the redevelopment to make it worthwhile: The acquisition of the aging VVI in 1996 and them the Appolo condominium penthouse and the existing Craig's long term lease were investments all aiming to the redevelopment. (see 3.b.1 above) c.3 - Developer has proven his capabili#y Even at these difficult times, the development at the Chateau site is moving ahead nicely. As soon as the development at the VVI site was "stalled" by the lawsuit, the Developer jumped across Vail road and made new investment of money, time and effort to develop at the Chateau site and had plans approved in July /01. Even at the total new scenario after 9/11, the Developer brought in additional strength from third parties and the project is moving ahead nicely, better than before. Soon we will have there a Four Season Hotel/Convention/SPA, incorporating the gas station site, enhancing the Vail main entrance. We assure you that we are working on this development as hard as we can (we are here full time). Counting on your approval to our request, we thank you for the attention and present our best regards A,Y�MfER CDR D W Idir Prado -Managing Director Approved 3124103 PLANNING AND ENVIRONMENTAL COMMISSION • 0 PUBLIC MEETING MINUTES Monday, March 10, 2003 PROJECT ORIENTATION I - Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT John Schofield Erickson Shirley Chas Bernhardt George Lamb Gary Hartman MEMBERS ABSENT Doug Cahill Rollie Kjesbo Site Visits : 1:00 pm 1. Slifer residence — 193 Gore Creek Drive Driver: George Iw ,I NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing - Town Council Chambers 2:00 pm 1. An request for a final review of a conditional use permit pursuant to Section 12 -7B -5, Permitted and Conditional Uses; Above Second Floor, Vail Town Code, to allow for the elimination of an existing dwelling unit in the Gore Creek Plaza Building, located at 193 Gore Creek Dr. ! Gore Creek Plaza Condominiums, Block 513, Vail Village First Filing. Applicant: Rod and Beth Slifer Planner: Warren Campbell Warren Campbell gave a presentation, per the staff report. Tom Counter expressed a concern with the timing of the submittal of the fire suppression plan. There was no public input. George Lamb stated he had no conflict of interest. Erickson Shirley noted that the timing of the Fire Department condition may affect the timing of the project. Gary Hartman had no comments. Chas Bernhardt had no comments. r..J *V TO'N'Y O Approved 3124/03 John Schofield stated approval of the project was acceptable and suggested an amendment to the condition of approval. Gary Hartman moved to approve the conditional use permit with an amended condition that the applicant shall submit a plan to address the violations identified in the March 20, 2002 letter from the Town of Vail Fire Department. The remedy for addressing the violations must be approved by staff prior to the issuance of a building permit for the Unit 3 consolidation and remodel. The remedy for the fire violations within Units 2, 3, and the Penthouse in the Gore Creek Plaza Building must be completed within 12 months of the building permit being issued. George Lamb seconded the motion. The motion passed by a vote of 5 -0. 2. A request for a final review of a recommendation to the Vail Town Council of a proposed amendment to the Vail Land Use Plan; a request for a final review of a recommendation to the Vail Town Council of a proposed amendment to the Vail Village Master Plan; a request for a final review of 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, Ski Base Recreation 2; and a request for a worksession to discuss the following applications: a recommendation to the Vail Town Council of a text amendment to Section 12- 7B -13, Density Control, Zoning Regulations; a request for a recommendation to the Vail Town Council of a proposed rezoning of Lots P3 & J, Block 5A, Vail Village 5 i 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 unplatted parcel of land commonly referred to as the "trade parcel" and Lots 1 & 2, Mill Creek Subdivision to Ski Base Recreation 11 zone district; a request for a minor subdivision, pursuant to Title 13, Subdivision 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, 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 Town 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 th 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 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 %; 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 Jay Peterson Planner: George Ruther George Ruther gave a presentation per the staff report. He then gave the floor to Tom Braun to go over any questions from previous meetings. Tom Braun covered the questions which they were unable to answer at the previous meeting. (See attachment B in the staff report). John Schofield instructed the public that many of the questions Mr. Braun covered would be addressed at a later date in the review process. George Ruther continued his presentation. 2 Approved 3124 {03 Jay Peterson representing Vail Resorts, introduced his team and then stated he would like to open the floor to the Board and public. 0 John Schofield asked to see a plan for Tract E, prior to beginning the public comment. Tom Braun showed a plan of Tract E and some discussion ensued John Schofield then opened the floor to the public. Jim Lamont representing the East Village Homeowners Association asked George Ruther to read into the record pertinent parts of the staff report which changed the text. George Ruther discussed the special emphasis portions, which refer back to goals and objectives. Jim Lamont stated concerns that certain goals and objectives need to be added or removed from the special emphasis section of the proposed text. He added that he has not had time to look through every point in the Vail Village Master Plan. Erickson Shirley asked Jim Lamont to be clear in what he was asking. He asked Jim if he was asking for a vote to be deferred to a later date, or that certain goals and objectives be added or removed. Jim Lamont stated that he would like to drop the special emphasis on each sub -area and leave the door open for all goals and objectives applying to the development. He then made several comments regarding tract E and would like to see a clear delineation of what tract E has bee used for historically and what it should be used for in the future (open . space). Jay Peterson stated that he did not want to change the verbiage regarding Tract E without studying the impact and hearing what the neighbors really want. Erickson Shirley stated that the applicant and Jim Lamont should get together outside of-the meeting to discuss the concerns. John Schofield opened the floor to the Commissioners. Gary Hartman would like to see a definition for Vail's Comprehensive Plan. He had several changes to the text and said to leave the ski base recreation area as it is on the current plan. Chas Bernhardt agreed with Gary and added that he would like to see Tract E remain the same as it is today. George Lamb agreed with the previous comments. He thinks the changes clarify the items requested by the Board on previous meetings. Erickson Shirley reiterated Gary's comment regarding removing special emphasis and adding compelling public interest. He said homeowners with problems regarding Tract E should come in and voice their problems and talk with the applicant. John Schofield recapped the comments which he heard. He said we need a definition of a comprehensive plan and since there is no application in to change Tract E, there is no need to change it. The board took a short recess. Approved 3124/03 John Schofield restarted the hearing. Erickson Shirley made a motion to recommend to the Vail Town Council a Land Use Plan text amendment, per pages 4 and 5, with a change to the last sentence by striking can per the March 10, 2003 staff report. George Lamb seconded the motion. The motion passed by a vote of 5 -0. Erickson Shirley made a motion to recommend a text amendment to the Vail Village Master Plan with changes found in the March 10, 2003 staff report, to remove the statements which make reference to special emphasis to certain goals and objectives. The motion was seconded by Gary Hartman. The motion passed by a vote of 5 -0. John Schofield stated that they would proceed with the third item, which was to be reviewed today, regarding the creation of a new zone district. George Ruther gage a presentation per the staff report. Jay Peterson stated that they came back with a proposal for 90 percent of the parking spaces to be below grade. Jim Lamont, representing Vail Village Homeowners, stated that he was concerned that there were no conditional uses. George Ruther pointed that there is a list of conditional uses on page 10 of the staff report. Jim Lamont had a concern regarding decks and height_ Erickson Shirley stated that the text amendments give the Town a fail safe, in that there must be a compelling public interest for the approval. George Ruther pointed out that in 12 -8E -12 there was a proposal to strike the second sentence and if that sentence is put back in the Vail Village Master Plan, it would regulate the height. Jay Peterson was happy to have the second sentence put back in. Jim Lamont brought up that outdoor decks and patios should be a conditional use. He said neighbors look at a dark area now and there is potential for decks and patios which could occur much later into the night. Jay Peterson stated that his applicant didn't have a problem with decks and patios being a conditional use. Erickson Shirley stated that in trying to review this new zone district is a unique nature of this land use. He said he would like to see a preamble stating that decisions should be made in future knowing that this is a special piece of property ad that they are the ultimate authority in decision making. Gary Hartman stated that the compelling public interest worked well in master plans, but in terms of zoning he feels that this type of precedence can be bad, as there is no concrete prediction of what can occur. He said he likes the 43 feet in height definition. He said he 4 Approved 3124/03 would like to see the second sentence stricken, as the definition will most likely change in terms of how tall a story is. He said he would like to see underground parking increased to 95 percent. Chas Bernhardt said to add parking to 12- 8E -17. He said he liked the height section written with the second sentence stricken and asked Erickson a question regarding the need for a statement, as subjective as compelling public interest. Erickson Shirley asked Chas how do you then prevent complete development of the site later on? George Ruther asked to be given an opportunity to look at the purpose section and speak with the applicant on what better language may be envisioned. John Schofield thought it would be appropriate to put in the preamble a need for a high level (standard) of development in this zone district. He feels that there is a need for some surface parking, but maybe a specific percentage does not service either party involved. He said there needs to be language which states that enough parking be in place for ambulances, events, etc. George Ruther suggested the addition of criteria which would require an annexed piece to demonstrate compelling public interest prior to annexation and then demonstrate compliance with that public benefit prior to approval. Erickson Shirley made a motion to recommend the new zone district, Ski Base Recreation ll, with the changes in the March 10, 2003 memorandum and to include the following changes: That language be added that reflects outdoor dining decks and patios making them conditional uses; That Section 12- 8E -16, Parking and Loading, be changed to require a 95 percent of the parking be underground; That 12 -8E -18 incorporate a requirement that before any changes are proposed to the site, the initial development plan be referenced and that Section 12 -8E -19 strike Town Council and replace with Planning Commission. He also said it was to include the criteria in attachment D Chas Bernhardt seconded the motion. The motion passed by a vote of 5 -0. The next meeting will have the scope and purpose in a preamble with a draft memorandum of the ordinance which will go to Council. 3. A request for a final recommendation of a major amendment to Special Development District No. 6, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for a change to the existing conditions of approval (Ordinance No, 21, Series of 2000), located at 100 East Meadow Drive /Lots M, N, & O, Block 5 -D, Vail Village First Filing. Applicant: Waldir Prado, Daymer Corporation Planner: George Ruther George Ruther gave a presentation, per the staff report. He said the application was advertised incorrectly and therefore, staff is requesting a tabling to the next meeting. He then said he would like the Board to listen to the applicant's presentation, but requested to treat this as a worksession. . Gary Hartman stated that his architectural firm has a direct relationship with Mr. Prado and so he will recuse himself. Approved 3/24/03 Mr. Prado stated that George gave a clear presentation of why construction has not begun. He explained that the financing was in place and then the law suits began stopping it all. He stated that the Four Seasons was working through the process. He stated that there was no magic reason why they picked two years, but the primary reason is that the plaintiff has appealed the lower courts ruling and that date has not been set yet and this unknown makes it necessary to ask for two years. Jim Lamont asked a technical question, regarding Ordinance 21. George Ruther said Ordinance 21 was a re- adoption of the previous ordinance George Lamb said he would like to go along with staffs suggestion. Erickson Shirley had no comment. Gary Hartman had no comment. Chas Bernhardt had no comment. John Schofield took acceptance of some error on the part of the Town and suggested that the time expiration be tied to a one year period from the time of the conclusion of litigation. Chas Bernhardt made a motion to table this until March 24, 2003. George Lamb seconded the motion. The motion passed by a vote of 5 -0. 4. A request for a recommendation 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 loading berths & setting forth details in regard thereto. Applicant: Town of Vail Planner: Allison Ochs Gary Hartman made a motion to table this until April 14, 2003. George Lamb seconded the motion. The motion passed by a vote of 5 -0. 5. 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 das Schone 1$t 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 TABLED UNTIL MARCH 24, 2003 6. A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 36, pursuant to Section 12- 9A -10, Vail flown Code, to allow for a mixed -use hotel; a request for a final review of a conditional use permit, pursuant to Section 12- 7A-3, Vail Town Code, to allow for Type III Employee Housing Units and a fractional fee club; 0 Approved 3/24103 and a request for a recommendation to the Vail Town Council for a proposed rezoning of Lot 9A, Vail Village 2 d Filing from Heavy Service (HS) District to Public Accommodation (PA) District, located at 28 S. Frontage Rd. and 13 Vail Road /Lots 9A& 9C, Vail Village 2" Filing. Applicant: Nicollet Island Development Company Inc. Planner: Allison Ochs TABLED UNTIL MARCH 24, 2003 7. A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 37, pursuant to Section 12 -9A -6, Development Plan, Vail Town Code, to allow for the redevelopment of the Tivoli Lodge, located at 386 Hanson Ranch Road /Lot E, Block 2, Vail Village 5 th Filing. Applicant: Robert & Diane Lazier Planner: George Ruther TABLED UNTIL APRIL 14, 2003 8. Approval of February 24, 2003 minutes George Lamb made a motion to approve the minutes. Chas Bernhardt seconded the motion_ The motion passed by a vote of 5 -0_ • 9. Information Update Jim Lamont commented on the GRFA reform and thinks the Town needs to get out a publication to help clarify the nuances of GRFA. A schedule of revising the adopted plans was discussed. Planning and Environmental Commission ACTION FORM Department of Community Development TOWN *VAIL A 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us Project Name: Slifer Residence CUP PEC Number: PECO30016 Project Description: Conditional Use Permit to eliminate Unit 3 and cosolidate it with the Penthouse. Participants: OWNER SLIFER, RODNEY E. & ELIZABET02 /18/2003 Phone: 230 BRIDGE ST VAIL CO 81657 License: APPLICANT SLIFER, RODNEY E. & ELIZABET02 /18/2003 Phone: 476 -2421 Chris 230 BRIDGE SI VAIL CO Rslifer @slifer.net 81657 License: Project Address: 193 GORE CREEK DR VAIL *230 Bridge Street, Penthouse Location: Legal Description: Lot: Block: 5B Subdivision: Vail Village Filing 1 Parcel Number: 210108213002 Comments: See Conditions BOARD /STAFF ACTION Motion By: Gary Hartman Second By: George Lamb Vote: 5 -0 Action: APPROVED Date of Approval: 03/12/2003 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and /or the appropriate review committee(s). Cond: CON0005749 The applicant shall submit a plan to address the violations identified in the March 20, 2002 letter from the Town of Vail Fire Department . The remedy for addressing the violations must be approved by staff prior to the issuance of a building permit for the Unit 3 consolidation and remodel. The remedy for the fire violations within Units 2, 3, and the Penthouse in the Gore Creek Plaza Building must be completed within 12 months of the building permit being issued. Planner: Warren Campbell PEC Fee Paid: $650.00